Chapter 6A. Fingerprint-Based Background Checks.

§ 31–631. Definitions.

For the purposes of this chapter, the term:

(1) “Applicant” means an individual, or other person designated by the Commissioner by rule, applying for any of the following:

(A) An initial license as a resident insurance producer pursuant to Chapter 11A of this title [§ 31-1131.01 et seq.], or public insurance adjuster pursuant to Chapter 16A of this title [§ 31-1631.01 et seq.];

(B) A license or registration to be an agent, broker-dealer, investment adviser, or investment adviser representative pursuant to Chapter 56 of this title [§ 31-5601.01 et seq.];

(D) A license, charter, or registration, other than those designated in subparagraphs (A) through (C) of this paragraph, as designated by the Commissioner by rule.

(2) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.

(3) “Fingerprint” means an impression of the lines on the finger taken for the purpose of identification. The impression may be electronic or in ink converted to an electronic format.

§ 31–632. Fingerprinting and criminal history record background checks.

(a) The Commissioner shall require state and national criminal history record background checks of each applicant for the purpose of determining eligibility for a license, registration, or charter. In order for the Commissioner to obtain and receive national criminal history records from the Federal Bureau of Investigation’s Criminal Justice Information Services Division, the Commissioner shall require each applicant to submit a full set of fingerprints, including a scanned electronic or digital fingerprint or a hard copy fingerprint.

(b) The applicant shall bear the cost of administering and processing the fingerprinting and criminal history record background checks. The Commissioner shall establish, by rule, fees to cover the costs associated with the fingerprinting and criminal history record background checks.

(c) The Commissioner may contract for the collection and transmission of fingerprints authorized under this chapter, including any administrative functions related thereto.

(d) The Commissioner may exchange the fingerprints and other information with, and receive criminal history record background information from, the Metropolitan Police Department and the Federal Bureau of Investigation for the purpose of facilitating determinations regarding eligibility for licensure under this chapter. The Metropolitan Police Department may exchange this fingerprint data with the Federal Bureau of Investigation.

§ 31–633. Confidentiality.

(a) The Commissioner shall:

(1) Treat and maintain applicants’ fingerprints and any criminal history record background information obtained under this chapter as confidential;

(2) Apply security measures consistent with the Criminal Justice Information Services Division of the Federal Bureau of Investigation’s standards for the electronic storage of fingerprints and necessary identifying information; and

(3) Limit the use of records solely for the purposes authorized by this chapter.

(b) For the purposes of this chapter, any such records shall:

(1) Not be deemed to be a public record within the meaning of § 2-502(18);

(2) Not be subject to disclosure, except pursuant to a subpoena issued by order of a court of competent jurisdiction;

(3) Be kept confidential by law and privileged; and

(4) Not be subject to discovery or admissible in any private civil action.

§ 31–634. Rules.

The Commissioner, pursuant to Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter.