Pmangrum on DSK3GMQ082PROD with CFR

Section 1544.230

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

an individual with authority to perform a covered function has a possible
conviction for any disqualifying criminal offense in paragraph (d) of this section, the aircraft operator must determine the status of the conviction. If a
disqualifying criminal offense is confirmed the aircraft operator must immediately revoke any authority to perform a covered function.
(4) Each individual with authority to
perform checked baggage or cargo
functions on February 17, 2002, who had
a disqualifying criminal offense in
paragraph (d) of this section on or after
February 17, 1992, must, by March 25
2002, report the conviction to the aircraft operator and cease performing
check baggage or cargo functions.
(m) Aircraft operator responsibility.
The aircraft operator must - 
(1) Designate an individual(s) to be
responsible for maintaining and controlling the employment history investigations for those whom the aircraft
operator has made a certification to an
airport
operator
under
14
CFR
107.209(n) in effect prior to November
14, 2001 (see 14 CFR parts 60 to 139 revised as of January 1, 2001), and for
those whom the aircraft operator has
issued identification media that are
airport-accepted. The aircraft operator
must designate a direct employee to
maintain, control, and, as appropriate,
destroy criminal records.
(2) Designate an individual(s) to
maintain the employment history investigations of individuals with authority to perform screening functions
whose files must be maintained at the
location or station where the screener
is performing his or her duties.
(3) Designate an individual(s) at appropriate locations to serve as the contact to receive notification from individuals seeking authority to perform
covered functions of their intent to
seek correction of their FBI criminal
record.
(4) Audit the employment history investigations performed in accordance
with this section and 14 CFR 108.33 in
effect prior to November 14, 2001 (see 14
CFR parts 60 to 139 revised as of January 1, 2001). The aircraft operator must

set forth the audit procedures in its security program.
[67 FR 8364, Feb. 22, 2002, as amended at 71
FR 30511, May 26, 2006]

Section 1544.230 Fingerprint-based criminal
history records checks (CHRC):
Flightcrew members.
(a) Scope. This section applies to each
flightcrew member for each aircraft operator, except that this section does
not apply to flightcrew members who
are subject to Section 1544.229.
(b) CHRC required. Each aircraft operator must ensure that each flightcrew
member has undergone a fingerprintbased CHRC that does not disclose that
he or she has a disqualifying criminal
offense, as described in Section 1544.229(d), before allowing that individual to serve
as a flightcrew member.
(c) Application and fees. Each aircraft
operator must ensure that each
flightcrew member-s fingerprints are
obtained and submitted as described in
Section 1544.229 (e) and (f).
(d) Determination of arrest status. (1)
When a CHRC on an individual described in paragraph (a) of this section
discloses an arrest for any disqualifying criminal offense listed in
Section 1544.229(d) without indicating a disposition, the aircraft operator must determine, after investigation, that the
arrest did not result in a disqualifying
offense before the individual may serve
as a flightcrew member. 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 Section 1544.229(d), the
flight crewmember is not disqualified
under this section.
(2) When a CHRC on an individual described in paragraph (a) of this section
discloses an arrest for any disqualifying criminal offense listed in
Section 1544.229(d) without indicating a disposition, the aircraft operator must
suspend the individual-s flightcrew
member privileges not later than 45
days after obtaining a 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

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