§ 11-312. Fingerprints; criminal history record

   (a) Individuals to provide fingerprints. -- On request of the Commission, the following individuals shall give the Commission their fingerprints:

   (1) each individual licensee;

   (2) each individual member of an unincorporated association that is a licensee;

   (3) each officer or director of a corporation that is a licensee;

   (4) each employee of a licensee who actively participates in the racing action of the licensee;

   (5) each individual who actively participates in the racing action of a licensee, including each agent, blacksmith, driver, apprentice jockey, jockey, manager, owner, trainer, stable employee, and veterinarian;

   (6) each member of the Commission;

   (7) the Executive Director of the Commission;

   (8) each employee of the Commission under § 11-206 and 11-207 of this title; and

   (9) each individual who is subject to § 11-316 of this subtitle.

(b) Criminal history records check. -- The Commission shall:

   (1) apply to the Central Repository for a State and national criminal history records check for each individual listed in subsection (a) of this section; and

   (2) as part of the application for a criminal history records check, submit to the Central Repository:

      (i) a complete set of the individual's legible fingerprints taken on a form approved by the Director of the Central Repository; and

      (ii) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.

(c) Criminal history records check -- FBI. --

   (1) In addition to a State criminal history records check under this section, the Commission may require an individual listed in subsection (a) of this section to obtain a criminal history records check from the Federal Bureau of Investigation, through the Central Repository.

   (2) For each applicant who is required by the Commission to obtain a criminal history records check from the Federal Bureau of Investigation under paragraph (1) of this subsection, the Commission shall apply to the Central Repository for a national criminal history records check.

   (3) As part of the application for a national criminal history records check, the Commission shall submit to the Central Repository:

      (i) a complete set of the individual's legible fingerprints taken on a form approved by the Director of the Federal Bureau of Investigation; and

      (ii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(d) Forwarding of criminal history record. --

   (1) In accordance with § 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the individual and the Commission the individual's criminal history record information.

   (2) Information obtained from the Central Repository under this section shall be:

      (i) confidential and may not be disseminated; and

      (ii) used only for the purpose authorized by this section.

   (3) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.

HISTORY: An. Code 1957, art. 78B, § 11; 1992, ch. 4, § 2; 2002, ch. 418, § 3.