The licensee is solely responsible for making a trustworthiness and reliability determination of an employee, contractor, or other individual who would be granted unescorted access to SNF while in transit. It is expected that licensees will use their best efforts to obtain the information required to conduct a background investigation to determine an individual’s trustworthiness and reliability. The background investigation consists of a series of data points. Lack of a single data point (e.g., inability to get employment history, inability to verify military record, inability to get additional references) should not necessarily result in a determination that the individual is not trustworthy and reliable. 6.5. Reinvestigations As required by 10 CFR 73.38(h), the licensee shall conduct fingerprinting, an FBI identification and criminal history records check, and a credit history reevaluation every 10 years for any individual who has been granted unescorted access to SNF in transit. The reinvestigations must be completed within 10 years of the date on which these elements were last completed and should address the 10 years following the previous investigation. 6.6. Prohibitions A licensee should not deny an individual unescorted access to SNF in transit solely on the basis of information received from the FBI involving an arrest more than 1 year old for which there is no information of the disposition of the case, or an arrest that resulted in dismissal of the charge or an acquittal. Licensees should not use information received from a criminal history records check obtained under these requirements in a manner that would infringe on the rights of any individual under the First Amendment to the Constitution of the United States, nor shall licensees use the information in any way that would discriminate among individuals on the basis of race, color, religion, national origin, sex, age, disability, veteran status, or genetic information. 6.7. Right to Correct and Complete Information Section 73.38(k) requires before any final adverse determination that the licensee make available to the individual the contents of any criminal history records check obtained from the FBI for the purpose of ensuring correct and complete information. The licensee must maintain written confirmation by the individual of receipt of this notification for a period of 1 year from the date of the notification. If, after reviewing his or her criminal history record, an individual believes that it is incorrect or incomplete and requests to change, correct, or explain anything in the record, the individual may initiate procedures to challenge the determination. These procedures would include challenging the criminal history records to the law enforcement agency that contributed the questioned information. Or, an individual may challenge the accuracy or completeness of any entry on the criminal history record by contacting the FBI at:
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