§ 59-1151.6. Application questions - Criminal history records search or background check.

A.  There shall be a question on the application and renewal forms requiring the applicant to answer under oath whether or not the applicant has been convicted of a felony offense in this state, another state, or any other place, and the nature of that offense upon which a conviction was imposed.  The registrar shall provide either on the application and renewal forms or by separate notice a statement describing the requirement under state law to register upon entering this state to reside or work if the person has been convicted of a sex offense.

B.  Conviction of an offense shall not disqualify a person from registration as a roofing contractor under this act; provided, the applicant has truthfully disclosed the conviction and nature of the offense.

C.  When deemed appropriate, the registrar may conduct a criminal history records search or background check on any applicant or registered roofing contractor and may investigate the information submitted on a roofing contractor application or renewal form; provided, no adverse action may be taken against the person until the person has been notified and given an opportunity to respond in writing.

D.  The registrar, its agents, employees and assigns shall not be liable and are granted immunity for the acts or omissions of any registered roofing contractor or its employees, or for any person’s failure or omission to properly disclose any information on an application or renewal form, including, but not limited to, pending criminal charges, arrests or prior criminal history records, disclosure of his or her roofing contractor registration status, or his or her qualifications to perform or act as a roofing contractor.

Added by Laws 2010, c. 479, § 6, eff. Nov. 1, 2010.