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MARVIN MANDEL,
Governor
1567
BE MADE FOR NOTIFYING SUCH PERSONS OF THE DELETION OF
INFORMATION WHICH IS FOUND TO BE INACCURATE OR WHICH CAN
NO LONGER BE VERIFIED.
14-1210. PUBLIC RECORD INFORMATION FOR EMPLOYMENT
PURPOSES.
A CONSUMER REPORTING AGENCY WHICH FURNISHES A
CONSUMER REPORT FOR EMPLOYMENT PURPOSES AND WHICH FOR
THAT PURPOSES COMPILES AND REPORTS ITEMS OF INFORMATION
ON CONSUMERS WHICH ARE MATTERS OF PUBLIC RECORD AND ARE
LIKELY TO HAVE AN ADVERSE EFFECT UPON A CONSUMER'S
ABILITY TO OBTAIN EMPLOYMENT SHALL
(1) AT THE TIME PUBLIC RECORD INFORMATION IS
REPORTED TO THE USER OF CONSUMER REPORT, NOTIFY THE
CONSUMER OF THE FACT THAT PUBLIC RECORD INFORMATION IS
BEING REPORTED BY THE CONSUMER REPORTING AGENCY, TOGETHER
WITH THE NAME AND ADDRESS OF THE PERSON TO WHOM THE
INFORMATION IS BEING REPORTED; OR
(2) MAINTAIN STRICT PROCEDURES DESIGNED TO
INSURE THAT WHENEVER PUBLIC RECORD INFORMATION WHICH IS
LIKELY TO HAVE AN ADVERSE EFFECT ON A CONSUMER'S ABILITY
TO OBTAIN EMPLOYMENT IS REPORTED IT IS COMPLETE AND UP TO
DATE. FOR PURPOSES OF THIS PARAGRAPH, ITEMS OF PUBLIC
RECORD RELATING TO ARRESTS, INDICTMENTS, CONVICTIONS,
SUITS, TAX LIENS, AND OUTSTANDING JUDGMENTS SHALL BE
CONSIDERED UP TO DATE IF THE CURRENT PUBLIC RECORD STATUS
OF THE ITEM AT THE TIME OF THE REPORT IS REPORTED.
14-1211. RESTRICTIONS ON INVESTIGATIVE CONSUMER REPORTS.
WHENEVER A CONSUMER REPORTING AGENCY PREPARES AN
INVESTIGATIVE CONSUMER REPORT, ANY ADVERSE INFORMATION IN
THE CONSUMER REPORT (OTHER THAN INFORMATION WHICH IS A
MATTER OF PUBLIC RECORD) MAY NOT BE INCLUDED IN A
SUBSEQUENT CONSUMER REPORT UNLESS THE ADVERSE INFORMATION
HAS BEEN VERIFIED IN THE PROCESS OF MAKING THE SUBSEQUENT
CONSUMER REPORT OR THE ADVERSE INFORMATION WAS RECEIVED
WITHIN THE THREE-MONTH PERIOD PRECEDING THE DATE THE
SUBSEQUENT REPORT IS FURNISHED.
14-1212. REQUIREMENTS ON USERS OF CONSUMER REPORTS.
(A) WHENEVER CREDIT OR INSURANCE FOR PERSONAL,
FAMILY, OR HOUSEHOLD PURPOSES, OR EMPLOYMENT INVOLVING A
CONSUMER IS DENIED OR THE CHARGE FOR CREDIT OR INSURANCE
IS INCREASED EITHER WHOLLY OR PARTLY BECAUSE OF
INFORMATION CONTAINED IN A CONSUMER REPORT FROM A
CONSUMER REPORTING AGENCY, THE USER OF THE CONSUMER
REPORT SHALL SO ADVISE THE CONSUMER AGAINST WHOM THE
ADVERSE ACTION HAS BEEN TAKEN AND SUPPLY THE NAME AND
ADDRESS OF THE CONSUMER REPORTING AGENCY MAKING THE
REPORT.
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