Form Dci-44 - Iowa User Agreement - Iowa Division Of Criminal Investigation (Page 3 of 4) in pdf

F. QE shall not use or rely upon a criminal history record or information which is or is likely to be out-of-date

and, in any event, if criminal activity is pertinent to and considered at the time of a licensee, employee or

volunteer’s service, a current computerized criminal history must be requested and relied upon;

G. QE may destroy criminal history records after one year post audit and/or after licensee, employee or

volunteer is no longer relevant to, working for or licensed with the QE, whichever is longer. However,

please note, QE must also comply with applicable state laws regarding record check retention. QE must

retain the original Waiver Agreement and Statement form and dissemination logs for as long as the

licensee, employee or volunteer is working for or licensed with QE, or for one year post audit, whichever

is longer. Destruction must be accomplished in a way so that the information cannot be retrieved; for

example, the records may be shredded;

H. QE shall keep criminal history records acquired hereunder in a secure file, safe, or other security device,

such as a locked file cabinet in an access-controlled area, and shall take further steps as are necessary

to insure that the records are accessible only to those of its employees who have been trained in their

proper use and handling and have a need to examine such records;

The QE shall not disseminate any information associated with a request for criminal history records. Any

request for criminal history record information received by the QE will be referred to and processed

through the DCI;

J. The QE shall track and report information security incidents such as the theft of loss of physical records or

the penetration of electronic systems;

K. Either the DCI or the QE may suspend the performance of services under this agreement when, in the

reasonable estimation of the DCI or QE, the other party has breached any material term of the

agreement. Furthermore, upon DCI becoming aware of a violation of this agreement, which might

jeopardize Iowa’s access to federal criminal history information,

Iowa

shall

have

the

option

suspending services under this agreement, pending resolution of the problem.

The

violation

any

material term of this agreement or of any substantive requirement or limitation imposed by the federal or

state statutes, regulations, rules referred to in this agreement shall be deemed a breach of material term

of the agreement.

IV. Miscellaneous.

QE agrees that:

QE is a governmental agency, or is currently operating a lawful business or other entity within the

State of Iowa, with a physical address in Iowa;

QE is legally authorized to operate its business or other entity within the State of Iowa;

QE has complied with and will continue to comply with all requirements to properly operate its

business or other entity within the State of Iowa; and

QE shall promptly notify DCI upon any change to the above, including but not limited to name,

address, and status as a business or other entity operating in Iowa.

This agreement may be amended by DCI as needed, to comply with state or federal laws or

regulations, or administrative needs of DCI; and

This agreement is binding upon all QE employees, agents, officers, representatives, volunteers,

contractors, vendors, successors in interest, beneficiaries, subsidiaries, and assigns.

DCI-44 (07/15/15)

Form Dci-44 - Iowa User Agreement - Iowa Division Of Criminal Investigation Page 3

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