§9062. Penalties

1.  Conduct subject to penalties.  An employer may be subject to the penalties under this chapter for any of the following:

A. Failure to conduct a mandatory background check;   [PL 2015, c. 299, §25 (NEW).]

B. Failure or refusal to terminate or remove from direct access employment an employee who is disqualified for employment based on the requirements of this chapter; and   [PL 2015, c. 299, §25 (NEW).]

C. Substantial noncompliance with the procedures established by this chapter.   [PL 2015, c. 299, §25 (NEW).]

[PL 2015, c. 299, §25 (NEW).]

2.  Fines.  An employer who fails to comply with the provisions of this chapter is subject to the penalties set out under this subsection.

A. An employer who fails to secure a background check in accordance with this chapter or knowingly employs a disqualified individual for direct access employment commits a civil violation for which a fine of not less than $500 but not more than $10,000 per day may be adjudged, beginning on the first day the violation occurs and for each day of continued violation. Each day constitutes a separate offense.   [PL 2015, c. 299, §25 (NEW).]

B. An employer is subject to the penalties under paragraph A if that employer conditionally employs an individual before receiving verification that the individual has met the requirements of conditional employment described in this chapter.   [PL 2015, c. 299, §25 (NEW).]

C. An employer who fails to comply with the confidentiality requirements and conditional employment requirements of this chapter commits a civil violation for which a fine of not less than $500 but not more than $5,000 may be adjudged for each violation.   [PL 2015, c. 299, §25 (NEW).]

[PL 2015, c. 299, §25 (NEW).]

SECTION HISTORY

PL 2015, c. 299, §25 (NEW).