NJAC 13:59-1.4 Prescribed Forms

NJAC13:59-1.4 Prescribed forms (a) Requesters and national requesters shall submit requests for criminal history record information on forms as prescribed by this section and the directions contained in the manual entitled Guidelines for Preparation and Submission of Fingerprint Cards and Other Documents to the State Bureau of Identification (SBI), New Jersey State Police, August, 1997, as amended and supplemented from time to time. The manual and forms are issued to criminal justice agencies by the SBI. Attorneys-at-law may obtain criminal history record information pursuant to N.J.A.C. 13:59-1.2(a)3 upon the payment of the fees prescribed by N.J.A.C. 13:59-1.3 by the lawful issuance of subpoenas. Such subpoenas shall be issued in accordance with applicable rules of court and administrative procedure and shall be on notice to all parties required to receive same. (b) For New Jersey fingerprint identification purposes, an Applicant fingerprint card SBI-19 shall be used. The SBI-19 form shall be signed by the individual whose fingerprints are on the card. (c) A Federal fingerprint card FD-258 shall be submitted by national requesters for information contained in NCIC or other states computerized repositories of CHRI. The FD-258 shall be signed by the individual whose prints are on the card. (d) For name search identification a requester, other than a New Jersey licensed private detective meeting the SBI requirements of 400 submissions per month for bulk, name search identification submissions via facsimile, shall submit a Request for Criminal History Record Information form SBI-212. 1. This form shall be completed in its entirety and shall contain all the information required to complete the check, including the name of the subject, the date of birth of the subject and, when authorized pursuant to (d)2 below, the social security number of the subject. 2. Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a (note), requestors shall advise the subjects of name searches that the furnishing of social security numbers is voluntary and that if provided social security numbers will only be used for purposes of processing requests for criminal history record information. 3. Employers, potential employers, or employment agencies are also subject to the preemployment inquiry provisions of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12 et seq., and rules adopted by the New Jersey Division of Civil Rights pursuant thereto, including N.J.A.C. 13:7-1.1(g), and applicable Federal civil rights laws. (e) The fees as prescribed in this chapter, if in the form of a check or money order, must be stapled to the front of the SBI-212 form or to the lower left corner of the Applicant fingerprint card SBI-19 and submitted to the State Bureau of Identification for processing.