Pmangrum on DSK3GMQ082PROD with CFR

Section 1544.229

49 CFR Ch. XII (10-1-18 Edition)

(ii) Identify a point of contact if the
individual has questions about the results of the CHRC.
(5) The aircraft operator must collect, control, and process one set of legible and classifiable fingerprints under
direct observation by the aircraft operator or a law enforcement officer.
(6) Fingerprints may be obtained and
processed electronically, or recorded
on fingerprint cards approved by the
FBI and distributed by TSA for that
purpose.
(7) The fingerprint submission must
be forwarded to TSA in the manner
specified by TSA.
(f) Fingerprinting fees. Aircraft operators must pay for all fingerprints in a
form and manner approved by TSA.
The payment must be made at the designated rate (available from the local
TSA security office) for each set of fingerprints submitted. Information about
payment options is available though
the designated TSA headquarters point
of contact. Individual personal checks
are not acceptable.
(g) Determination of arrest status. (1)
When a CHRC on an individual described in paragraph (a)(1) or (3) of this
section discloses an arrest for any disqualifying criminal offense listed in
paragraph (d) of this section without
indicating a disposition, the aircraft
operator must determine, after investigation, that the arrest did not result
in a disqualifying offense before granting authority to perform a covered
function. If there is no disposition, or if
the disposition did not result in a conviction or in a finding of not guilty by
reason of insanity of one of the offenses
listed in paragraph (d) of this section,
the individual is not disqualified under
this section.
(2) When a CHRC on an individual described in paragraph (a)(2) or (4) of this
section discloses an arrest for any disqualifying criminal offense without indicating a disposition, the aircraft operator must suspend the individual-s
authority to perform a covered function not later than 45 days after obtaining the CHRC unless the aircraft
operator determines, after investigation, that the arrest did not result in a
disqualifying criminal offense. If there
is no disposition, or if the disposition
did not result in a conviction or in a

finding of not guilty by reason of insanity of one of the offenses listed in
paragraph (d) of this section, the individual is not disqualified under this
section.
(3) The aircraft operator may only
make the determinations required in
paragraphs (g)(1) and (g)(2) of this section for individuals for whom it is
issuing, or has issued, authority to perform a covered function; and individuals who are covered by a certification
from an aircraft operator under
Section 1542.209(n) of this chapter. The aircraft operator may not make determinations for individuals described in
Section 1542.209(a) of this chapter.
(h) Correction of FBI records and notification of disqualification. (1) Before
making a final decision to deny authority to an individual described in paragraph (a)(1) or (3) of this section, the
aircraft operator must advise him or
her that the FBI criminal record discloses information that would disqualify him or her from receiving or retaining authority to perform a covered
function and provide the individual
with a copy of the FBI record if he or
she requests it.
(2) The aircraft operator must notify
an individual that a final decision has
been made to grant or deny authority
to perform a covered function.
(3) Immediately following the suspension of authority to perform a covered
function, the aircraft operator must
advise the individual that the FBI
criminal record discloses information
that disqualifies him or her from retaining his or her authority, and provide the individual with a copy of the
FBI record if he or she requests it.
(i) Corrective action by the individual.
The individual may contact the local
jurisdiction responsible for the information and the FBI to complete or correct the information contained in his
or her record, subject to the following
conditions - 
(1)
For
an
individual
seeking
unescorted access authority or authority to perform screening functions on
or after December 6, 2001; or an individual seeking authority to perform
checked baggage or cargo functions on
or after February 17, 2002; the following
applies:

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