• 12VAC35-106-200. Executive director or administrator.

A. The executive director or administrator shall have the following responsibilities:

2. Responsibility for all personnel;

4. Responsibility for the provider’s financial integrity.

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C. Any applicant for the executive director or administrator position shall submit to the provider the following to demonstrate compliance with the qualifications required by this regulation for the executive director or administrator position:

1. Official transcripts from the accredited college or university prior to hire; and

Feedback:  For providers operating as agencies of local governments, the provider’s Executive Director (i.e., CSB Executive Director) is permitted only to make recommendations re personnel matters and does not have direct lines of authority re either personnel or finances and therefore responsibility is necessary constrained. 

Consider amending requirement for complete transcripts to “official verification of degree confirmation”.  Complete transcripts seem excessive/unnecessary.

• 12VAC35-105-400106-240. Criminal background and registry searches.

history background check or registry check.

B. 3. The provider shall have a policy related to the periodic performance of criminal history background checks of employees and contractors after the initial check performed pursuant to 12VAC35-106-240(A)(1). The policy shall require that the provider conduct background checks on a minimum of 20% of all existing employees annually.

Feedback: Section 3 above is a burdensome obligation in cost and staff time.  Consider amending to require that providers have a policy requiring employees and contractors to the provider any new criminal charges following initial employment.

• 12VAC35-105-430106-250. Full-time and part-time Employee employee or contractor personnel records.

A. Employee or contractor personnel records, whether hard-copy or electronic, shall include:

2. Education and training history A copy of any official transcripts or degrees and training history;

5. Three job-related references supporting the knowledge, skills, and abilities of the minimum qualifications according to the job description;

6. Results of reasonable efforts to secure job-related references;

7. Reasonable verification of employment history;

Feedback: consider substitution of “verification of degree confirmation” for “official transcripts”.  Consider combining 5 and 6 to read “Three job-related references supporting the knowledge, skills, and abilities of the minimum qualifications according to the job description; OR Results of reasonable efforts to secure job-related references”.  Employers typically will no longer provide qualitative job references.