Section YAE.10.06 — Provisional License

(a) The technology that exists in 1999 prevents a fingerprint investigation from being completed before 6-7 weeks. It is very difficult for the Tribe to provide adequate service to the elders/youth if positions are held open 6-7 weeks awaiting results of the fingerprint background check. Therefore, in the following situation a provisional Elder/Youth license may be issued by Human Resources to the applicant:

(1) Category I Crimes:

(A) The license application and the CIB do not have any convictions that are Category I crimes, and,

(B) There have been no findings from an applicable agency, and,

(C) The applicant's name does not appear in the sexual registry, or,

(2) Category II Crimes:

(A) There has been a finding, or conviction from the application or CIB that is a Category II crime, and,

(B) The applicant's name does not appear in the sexual registry, and,

(C) Human Resources has made a Preliminary Determination that the risk of harm to elders/youth does not prevent the applicant from receiving a provisional elders/youth license.

(b) The provisional license shall be issued for no longer than 120 calendar days.

(1) The provisional license is a temporary license pending, at a minimum, a completed finger print investigation.

(2) If the background investigation cannot be completed within 120 calendar days, Human Resources may extend the provisional license in 30-day increments until the background investigation is completed.

(3) If further investigation reveals that the applicant has a Category I conviction, the applicant's provisional license shall be suspended by Human Resources and the license application shall proceed through Preliminary and Final Determinations.

(4) If further investigation reveals that the applicant has a Category II conviction, or that the applicant might not be eligible for licensing the provisional license may be suspended by Human Resources, and the license application shall proceed through the Preliminary and Final Determination process.

(5) If the provisional license is suspended, the applicant is not eligible to work with elders/youth in any capacity.