comply with all Federal and applicable State and local laws and regulations that govern credit history reports and access to such reports, including the Fair Credit Reporting Act. For foreign nationals and U.S. citizens who have resided outside the United States and do not have an established credit history that covers at least the most recent 7 years in the United States, the licensee must document all attempts to obtain information about the individual’s credit history and financial responsibility from some relevant entity located in the other country or countries. 6.3.9. Criminal History Review Section 73.38(d)(7) requires the licensee’s reviewing official to evaluate the results of the FBI criminal history records check for an individual applying for unescorted access to SNF in transit to determine whether the individual has a record of criminal activity that may compromise his or her trustworthiness and reliability. The scope of the licensee’s review of the criminal history records check must cover all residences of record for the 10-year period preceding the date of application for unescorted access authorization. The licensee’s reviewing official is required to evaluate all pertinent and available information in making a determination of unescorted access to SNF in transit. The reviewing official should consider the following: • If negative information is discovered that the individual did not provide or that is different in any material aspect from the information provided by the individual, this information should be considered and decisions based on these findings must be documented. • Any record containing a pattern of behaviors that indicates that the behaviors could be expected to recur or continue, or recent behaviors that cast doubt on whether an individual should have unescorted access to SNF in transit, should be carefully evaluated before any authorization of unescorted access to SNF in transit. The licensee shall review the information received from the FBI and consider it, in conjunction with the trustworthy and reliability requirements included in Section 6.3 of this guide, in determining whether to grant the individual unescorted access to SNF in transit. 6.3.10. Character and Reputation Determination The licensee must examine the character and reputation of an individual, as required by 10 CFR 73.38(d)(8), by conducting reference checks with current and former coworkers, neighbors, or friends. Reference checks may not be conducted with any person who is known to be a close member of the individual’s family, including but not limited to the individual’s spouse, parents, siblings, or children, or any individual who resides in the individual’s permanent household. References used to verify periods of employment or unemployment also should not be used for the character and reputation determination. The applicant’s reputation for reliability and trustworthiness should be verified through contact with at least two references the applicant supplied and at least two additional references developed during the investigation. The reference’s association with the applicant must be substantive, such that the licensee can make a meaningful determination of the individual’s character and reputation. The determination should emphasize the following:
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