Section 16-510. Investigation of employees

a. (i) Each person who is not
  otherwise a principal as defined in section 16-501 of this  chapter  and
  who is employed or proposed to be employed by a licensee in a managerial
  capacity,  or  in  a  job category specified in rules promulgated by the
  commission pursuant to section 16-504 of the chapter,  and  each  person
  who  acts or is proposed to act in such a capacity or in such a category
  as an agent of a licensee, shall:
    (i) be fingerprinted by a person designated for such  purpose  by  the
  commission  and  pay  a  fee  to  be  submitted by the commission to the
  division of criminal justice services  for  the  purposes  of  obtaining
  criminal  history  records,  and  (ii)  submit  to  the  commission  the
  information set forth in subparagraphs (b) through (n) of paragraph (ii)
  of subdivision b of section 16-508 of this chapter and pay the  fee  for
  the investigation of such information set forth in the rules promulgated
  pursuant  to  section  16-504  of  this  chapter.  Where,  at  any  time
  subsequent to an investigation of an employee subject to the  provisions
  of this subdivision, the commission has reasonable cause to believe that
  such   employee   lacks  good  character,  honesty  and  integrity,  the
  commission may conduct an additional investigation of such employee  and
  may  require,  if  necessary,  that  such  employee  provide information
  updating, supplementing or explaining information previously  submitted.
  The  job categories specified in rules of the commission for purposes of
  such fingerprinting and disclosure shall not include  personnel  engaged
  solely in operating vehicles or handling waste or clerical personnel who
  have no contact with customers.
    (ii)  Notwithstanding  any other provision of this chapter, a licensee
  shall provide the commission with notice of at least ten  business  days
  of  the  proposed addition to the business of the licensee of any person
  subject to the provisions of this subdivision. The commission may  waive
  or  shorten  such ten day period upon a showing that there exists a bona
  fide  business  requirement  therefor.  Except  where   the   commission
  determines  within  such  period,  based on information available to it,
  that the addition of such new person may have a result inimical  to  the
  purposes  of  this chapter, the licensee may add such person pending the
  completion of an investigation by the commission. The licensee shall  be
  afforded  an  opportunity  to  demonstrate  to  the  commission that the
  addition of such new person  pending  completion  of  the  investigation
  would  not  have  a  result inimical to the purposes of this chapter. If
  upon the completion of such investigation, the commission makes a  final
  determination  that  such  person  lacks  good  character,  honesty  and
  integrity, the license shall cease to be valid unless the employment  of
  such  person in the business of such licensee is discontinued within the
  time period prescribed by the commission.
    b. (i) Where the commission has reasonable cause to  believe  that  an
  employee  or  agent or prospective employee or agent of a licensee or an
  applicant for a license not subject to the provisions of  subdivision  a
  of  this  section  lacks  good  character,  honesty  and  integrity, the
  commission shall notify such employee or agent or  prospective  employee
  or agent that he or she shall be required to be fingerprinted and submit
  the information required by subdivision a of this section.
    c.  Where,  following a background investigation conducted pursuant to
  this section, the official designated by the commission  to  review  the
  findings  of  such  investigation concludes that an employee or agent or
  prospective employee or  agent  of  a  licensee  lacks  good  character,
  honesty and integrity, such person shall be provided with notice of such
  conclusion  and  the  reasons therefor and may contest the conclusion in
  person or in writing to such official. Such official shall  review  such
  response  and,  in  the event that he or she continues to find that such

  person lacks good character, honesty and integrity,  shall  submit  such
  final  conclusion  to  the commission. The commission shall provide such
  person with notice of the conclusion of the official and an  opportunity
  to  be  heard  to  appeal  such conclusion before the commission makes a
  final determination.
    d. A licensee shall not employ or engage as an agent any  person  with
  respect to whom the commission has made a final determination, following
  a background investigation conducted pursuant to this section, that such
  person lacks good character, honesty and integrity.