Provisional employment pending completion of background check

(a) The department, covered provider, or covered contractor may permit an applicant to work on a provisional basis for not more than 60 days pending notification from the director regarding the results of the criminal background check if: (1) The applicant is subject to direct on-site supervision, as specified in rule by the Inspector General, during the course of the provisional period; and (2) In a signed statement the applicant: (A) Affirms that he or she has not committed a disqualifying offense; (B) Acknowledges that a disqualifying offense reported in the required criminal history record information check shall constitute good cause for termination; and (C) Acknowledges that the department, covered provider, or covered contractor may terminate the individual if a disqualifying offense is reported in the background check. (b) Provisional employees who have requested a variance shall not be required to sign such a statement. The department, covered provider, or covered contractor may continue to employ an applicant if an applicant applies for a variance of his or her fitness determination until the variance is resolved.