Title 040 | Chapter 011 | Regulation 003REG
PROPOSED
This document is not yet current.
OFFICE OF THE ATTORNEY GENERAL
Department of Law
Department of Child Support Services
(New Administrative Regulation)
40 KAR 11:003.Employee Access to Federal Tax Information (FTI); required criminal background check.
Section 1.
Definitions for 40 KAR(1)
"Contract staff" means an individual employed by DCSS or its offices or a contractor working on behalf of DCSS or its offices who does not meet the definition of employee in this section.(2)
"DCSS" means the Department of Child Support Services, the state agency in charge of administering the Child Support Enforcement program.(3)
"Disqualifying offense" means:(a)
A conviction, plea of guilty, Alford plea, or plea of nolo contendere to:1.
Any felony; or2.
A misdemeanor offense related to:a.
Abuse, neglect, or exploitation of an adult as defined by KRS 209.020(4);b.
Abuse, neglect, or exploitation of a child;c.
A sexual offense;d.
A criminal offense against a victim who is a minor, asdefined in KRS 17.500;e.
An offense outlined in KRS 525.130;f.
An offense outlined in KRS 525.135; org.
Any of the following offenses occurring less than seven (7) years from the date of the criminal background check:(i)
Assault, including domestic violence;(ii)
Stalking;(iii)
Theft;(iv)
Fraud;(v)
Unlawfully possessing or trafficking in a legend drug or controlled substance; or(vi)
Any other misdemeanor offense relating to abuse, neglect, or exploitation not listed in this subsection; or(b)
A pending charge or an outstanding warrant for a criminal offense related to:1.
A sex crime as defined by KRS 17.500(8);2.
KRS Chapter 209, protection of adults;3.
KRS 218A.1412, Trafficking in controlled substance first degree;4.
KRS Chapter 507, Criminal homicide;5.
KRS Chapter 508, Assault and related offenses;6.
KRS Chapter 509, Kidnapping and related offenses;7.
KRS Chapter 510, Sexual offenses;8.
KRS Chapter 513, Arson and related offenses,9.
KRS Chapter 515, Robbery;10.
KRS Chapter 516, Forgery;11.
KRS Chapter 531, Pornography;(c)
An out-of-state or federal charge that is pending or any outstanding warrant from another jurisdiction that is similar to an offense specified in subsection (b) of this section;(d)
A substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigation conducted in accordance with state or federal law;(e)
Registration as a sex offender under federal law or under the law of any state;(f)
Any other offense the nature of which indicates the employee constitutes an unreasonable and immediate risk to the security of federal tax information, as determined by DCSS.(4)
"Employee" means either a classified employee as defined by KRS 189A.005(7), an unclassified employee pursuant to KRS 18A.115, or a federally funded time-limited employee as defined by KRS 18A.005(15).(5)
"Federal tax information" or "FTI" means federal tax returns and return information that may:(a)
Contain personally identifiable information; and(b)
Include information created by the recipient that is:1.
Derived from federal return or return information; and2.
Received directly from the Internal Revenue Service (IRS) or obtained through an authorized secondary source, which may include:a.
Social Security Administration (SSA);b.
Federal Office of Child Support Enforcement (OCSE);c.
Bureau of the Fiscal Service (BFS);d.
Centers for Medicare and Medicaid Services (CMS); ore.
Another entity acting on behalf of the IRS.(6)
"Responsible agency" means an office or department within the Office of the Attorney General or an entity under contract with DCSS that employs or offers a job to an individual in a position for which the job duties include access to or use of FTI.Section 2.
Requirement for Criminal Background Checks.(1)
The Office of the Attorney General, DCSS, and its offices shall require prospective and current employees, including contract staff, whose job duties include access to or use of FTI to submit to a fingerprint-based national and state criminal background check as a condition of initial or continued employment. The criminal background check shall occur:(a)
After the applicant is offered a job but before he or she begins working; and(b)
At least once every five (5) years for current employees or contract staff.(2)
The Office of the Attorney General, DCSS, its offices, or responsible agency requesting a fingerprint-based national and state criminal background check for an applicant, current employee, or contract staff shall incur all fees associated with the cost of each criminal background check requested, including the rap back service.(3)
The Office of the Attorney General, DCSS, its offices, or responsible agency shall not employ directly or by contract an individual in a position for which the job duties include access to or use of FTI if the individual:(a)
Refuses to consent to a fingerprint-based state and national criminal background check; or(b)
Is found to have a disqualifying offense.(4)
DCSS or its responsible office shall notify each prospective or current employee determined to have a disqualifying offenseSection 3.
Disqualification for Other Criminal Offenses or Factors. The Office of the Attorney General, DCSS, its offices, or responsible agency shall not employ or contract with an individual with a disqualifying offense as defined in Section 1 of this administrative regulation or whose background check reveals any information that bears upon the fitness of the individual to work in a position with access to or use of FTI. The Office of the Attorney General, DCSS, its offices, or responsible agency shall have the sole discretion to determine if an applicant, current employee, or contract staff is suitable to work in a position with access to or use of FTI and ensure its protection and security in accordance with Kentucky law, IRS Publication 1075, and any other relevant policy or procedure concerning the confidentiality of FTI.Section 4.
Individuals Ineligible to be Hired. The Office of the Attorney General, DCSS, its offices, or responsible agency may refuse to hire, contract with, or permit to work as an employee any applicant that submits to a criminal background check if one (1) or more of the following conditions apply:(1)
The applicant refuses to provide photo identification and Social Security Number;(2)
The applicant fails to submit his or her fingerprints at an authorized collection site within ten (10) business days of receiving notice to submit fingerprints;(3)
Upon completion of the criminal background check, the Office of the Attorney General, DCSS, its office, or responsible agency receives notice that the applicant is found to have a disqualifying offense; or(4)
Final and acceptable disposition of a criminal charge related to a disqualifying offense is not provided to the Office of the Attorney General, DCSS, its offices, or responsible agency within sixty (60) days of fingerprint submission.Section 5.
Notice of a Disqualifying Offense - Applicants.(1)
Upon completion of the criminal background check, the Office of the Attorney General, DCSS, its offices, or responsible agency shall notify applicants determined to have a disqualifying offense.(2)
If an applicant wishes to obtain information concerning the disqualifying offense or challenge the accuracy of a criminal background check, DCSS, its offices, or responsible agency shall refer the applicant to the appropriate state or federal law enforcement agency.Section 6.
Notice of Disqualifying Offense, Reconsideration, and Appeal – Current Employees.(1)
Upon completion of a criminal background check, DCSS, its offices, or responsible agency shall notify current employees determined to have a disqualifying offense. A current employee found to have a disqualifying offense shall immediately be removed from duties with access to or use of FTI.(2)
Upon receipt of notice of a disqualifying offense, a current employee removed from responsibilities requiring FTI access or use may submit a written request for reconsideration to the Department's Executive Director of the Office of Administrative Services no later than fourteen (14) calendar days from the date the notice is issued.(3)
The current employee's request for reconsideration shall include the following information:(a)
A written explanation of each disqualifying offense, including:1.
A description of the events related to the disqualifying offense;2.
The number of years since the occurrence of the disqualifying offense;3.
The age of the offender at the time of the disqualifying offense;4.
Evidence that the individual has pursued or achieved rehabilitation with regard to the disqualifying offense; and5.
Any other relevant and mitigating circumstances regarding the disqualifying offense;(b)
Official documentation showing that all fines, including court-imposed fines, costs, or restitution have been paid or documentation demonstrating adherence to a payment schedule, if applicable;(c)
The date probation or parole was satisfactorily completed, if applicable; and(d)
Employment and character references, including any other evidence demonstrating the ability of the individual to competently perform the employment responsibilities.(4)
A current employee who requests reconsideration may be retained on staff during the review process subject to the following factors:(a)
The nature and severity of the disqualifying offense;(b)
The disposition of the disqualifying offense;(c)
The time elapsed since the disqualifying offense;(d)
The employee's personnel history; and(e)
Whether the employee may be assigned other duties that do not require access to or use of FTI.(5)
After review, DCSS, its offices, or responsible agency may:(a)
Transfer the employee to another open position at the same pay grade or lower within DCSS, its offices, or responsible agency for which the employee is qualified and for which access to or use of FTI is not part of the job responsibilities;(b)
Dismiss the employee if it is determined that the nature of the disqualifying offense presents an immediate, serious and irreparable risk to FTI if the employee's job duties require access to or use of FTI;(c)
Dismiss the employee if it is determined that the nature of the disqualifying offense in any way violates the Office of the Attorney General's Policies regarding Public Integrity and Professionalism.(d)
Redefine the employee's job responsibilities to exclude those functions that require access to or use of FTI; or(e)
Any other action permitted by law.(6)
The appointing authority as defined in KRS 18A.005(1) or his or her designee shall issue a final written determination regarding the reconsideration request. The appointing authority or his or her designee shall notify the employee of the final determination no later than thirty (30) calendar days from receipt of the written request for reconsideration, and the notice shall include any personnel action to be taken by DCSS, its offices, or responsible agency as a result of the final determination.(7)
The current employee may have the right to appeal an action taken by DCSS, its offices, or responsible agency pursuant to the applicable sections of KRS Chapter 18A and the Kentucky Administrative Regulations.Section 7.
Notice of Disqualifying Offense – Contract Staff.(1)
Upon completion of the criminal background check, any contract staff found to have a disqualifying offense shall immediately be subject to one (1) or more of the following actions at the sole discretion of DCSS, its offices, or responsible agency:(a)
Termination;(b)
If permitted by the contract, removed from all duties requiring access to or use of FTI and assigned other duties that do not require access to or use of FTI; or(c)
Any other action permitted by law.(2)
DCSS, its offices, or responsible agency shall notify the contract staff of the action or actions taken within fourteen (14) days of discovery of the disqualifying offense.(3)
If the contract staff wishes to obtain information concerning the disqualifying offense or challenge the accuracy of a criminal background check, DCSS, its offices, or responsible agency shall refer the applicant to the appropriate state or federal law enforcement agency.Section 8.
Challenges to Criminal Background Check Information. An individual subject to a criminal background check required by this administrative regulation shall have the right to request and review the results of his or her national and state criminal background checks and to request correction of any inaccurate information. All corrections shall be addressed with the Federal Bureau of Investigation or the Department of Kentucky State Police; DCSS cannot assist with this process or correct any inaccurate information.Section 9.
Pardons, and Expungements. An applicant, employee, or contract staff who has received a pardon for a disqualifying offense or has had the disqualifying offense expunged shall not be barred from employment with DCSS, its offices, or responsible agency in a position with job duties that include access to or use of FTI for reasons related to the underlying disqualifying offense(s).Section 10.
Incorporation by Reference.(1)
"CS-219, DCSS Background Check Documents" 09/2026 is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the DCSS, 730 Schenkel Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://ag.ky.gov/Resources/Child-Support/Pages/default.aspx.40 KAR 11:003
AMY C. BURKE, DCSS Chief
RUSSELL M. COLEMAN, Attorney General
APPROVED BY AGENCY: September 28, 2026
FILED WITH LRC: October 12, 2026 at 11:20 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 23, 2026, at 9:00 a.m. at the Office of Administrative Hearings, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky 40601. Individuals interested in attending this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend is received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation. Written comments shall be accepted through December 30, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Stacy Byrns Taulbee, General Counsel, Department of Child Support Services, 730 Schenkel Drive, Frankfort, Kentucky 40601; Phone: (502) 229-2088; email: stacy.byrnstaulbee@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Stacy Byrns Taulbee, Phone Number: (502) 229-2088, Email: stacy.byrnstaulbee@ky.gov
Subject Headings:
Child Support; Attorney General; Children and Minors
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation requires each employee of the Department of Child Support Services, including contract staff, with access to or use of federal tax information (FTI) to submit to a criminal background investigation by means of a fingerprint check by the Department of Kentucky State Police and the Federal Bureau of Investigation. The former Cabinet for Health and Family Services, Department of Income Support, Child Support Enforcement office has been reorganized under the Office of the Attorney General, Department of Child Support Services. Said reorganization necessitates the creation of this administrative regulation as some employees of the Department of Child Support Services and contractors working for said program require access to and use of federal tax information (FTI). Access to and use of FTI is controlled by both Federal Law and IRS Publication 1075 titled Tax Information Security Guidelines.
(b) The necessity of this administrative regulation:
26 C.F.R. 301.6103(p)(7)-1, 26 U.S.C. 6103 and IRS Publication 1075 requires that all prospective and current employees, including contract staff, have fingerprint-based state and national criminal background checks if their job duties include access to or use of FTI.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statute by identifying the process to be followed for all Department of Child Support Services employees and contractors who use or have access to FTI to be fingerprinted and have background checks. Access to and use of FTI inherent to the duties required of the Department of Child Support Services in administering Part D of Title IV of the Social Security Act.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the authorizing statutes by establishing the process and guidelines for fingerprinting and background checks on employees and contractors having access to or use of FTI.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Not applicable. This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
Not applicable. This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable. This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable. This is a new administrative regulation.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
The amendment implements legislation from Senate Bill 48 of the 2023 RS.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Child support attorneys and staff – 725.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
Each prospective employee and or contractor and existing employee or contractor will have to undergo fingerprinting and a background check prior to have access to or use of federal tax information for the purposes of effectuating Kentucky’s child support program. This process is unchanged from previous years when Kentucky’s child support program was housed within the Cabinet for Health and Family Services, Department of Income Support, Child Support Enforcement.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
This administrative regulation will create no new or additional costs to regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Entities will benefit by having a clear picture of conditions precedent to employment with the Department of Child Support Services, if their employment or work involves the use of or access to FTI.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no initial costs to the administrative body to implement this administrative regulation.
(b) On a continuing basis:
There will be no costs to the administrative body on a continuing basis.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The sources of funding include state General Funds and Federal Funds under 42 U.S.C. 601-619, Title IV-D of the Social Security Act.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There will be no increase in fees or funding to implement amendment to this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does establish any fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering is not applicable as compliance with this administrative regulation applies equally to all individuals or entities.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
15.800-15.876, 205.992, 213.046(4), 403.211, 405.430(5), 405.467, 405.520, 406.021, 406.025, 407.5101-407.5903, 610.170, 45 C.F.R. 301.1, 302.30, 302.31, 302.33-302.36, 302.50, 302.65, 302.80, 303.2, 303.3-303.8, 303.15, 303.30-303.31, 303.69, 303.70, 42 U.S.C. 651-654, 657, 663, 666
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is expressly authorized by 2023 Ky Acts Ch. 124.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Office of the Attorney General, Department of Law, Department of Child Support Services
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Local entities will not be affected. (b) Estimate the following for the first year:
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
DCSS attorneys and staff.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
There is no fiscal impact of this administrative regulation.
(b) Methodology and resources used to reach this conclusion:
N/A
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
N/A
(b) The methodology and resources used to reach this conclusion:
N/A
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
26 C.F.R. 301.6103(p)(7)-1
(2) State compliance standards.
KRS 18A.095; KRS 336.700; KRS 335B.010; KRS 335B.020; KRS 15.180; KRS 15.802; KRS 15.838; KRS 15.840; KRS 15.866
(3) Minimum or uniform standards contained in the federal mandate.
26 U.S.C. 6103; Public L. 118-258
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.
OFFICE OF THE ATTORNEY GENERAL
Department of Law
Department of Child Support Services
(New Administrative Regulation)
40 KAR 11:003.Employee Access to Federal Tax Information (FTI); required criminal background check.
Section 1.
Definitions for 40 KAR(1)
"Contract staff" means an individual employed by DCSS or its offices or a contractor working on behalf of DCSS or its offices who does not meet the definition of employee in this section.(2)
"DCSS" means the Department of Child Support Services, the state agency in charge of administering the Child Support Enforcement program.(3)
"Disqualifying offense" means:(a)
A conviction, plea of guilty, Alford plea, or plea of nolo contendere to:1.
Any felony; or2.
A misdemeanor offense related to:a.
Abuse, neglect, or exploitation of an adult as defined by KRS 209.020(4);b.
Abuse, neglect, or exploitation of a child;c.
A sexual offense;d.
A criminal offense against a victim who is a minor, asdefined in KRS 17.500;e.
An offense outlined in KRS 525.130;f.
An offense outlined in KRS 525.135; org.
Any of the following offenses occurring less than seven (7) years from the date of the criminal background check:(i)
Assault, including domestic violence;(ii)
Stalking;(iii)
Theft;(iv)
Fraud;(v)
Unlawfully possessing or trafficking in a legend drug or controlled substance; or(vi)
Any other misdemeanor offense relating to abuse, neglect, or exploitation not listed in this subsection; or(b)
A pending charge or an outstanding warrant for a criminal offense related to:1.
A sex crime as defined by KRS 17.500(8);2.
KRS Chapter 209, protection of adults;3.
KRS 218A.1412, Trafficking in controlled substance first degree;4.
KRS Chapter 507, Criminal homicide;5.
KRS Chapter 508, Assault and related offenses;6.
KRS Chapter 509, Kidnapping and related offenses;7.
KRS Chapter 510, Sexual offenses;8.
KRS Chapter 513, Arson and related offenses,9.
KRS Chapter 515, Robbery;10.
KRS Chapter 516, Forgery;11.
KRS Chapter 531, Pornography;(c)
An out-of-state or federal charge that is pending or any outstanding warrant from another jurisdiction that is similar to an offense specified in subsection (b) of this section;(d)
A substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigation conducted in accordance with state or federal law;(e)
Registration as a sex offender under federal law or under the law of any state;(f)
Any other offense the nature of which indicates the employee constitutes an unreasonable and immediate risk to the security of federal tax information, as determined by DCSS.(4)
"Employee" means either a classified employee as defined by KRS 189A.005(7), an unclassified employee pursuant to KRS 18A.115, or a federally funded time-limited employee as defined by KRS 18A.005(15).(5)
"Federal tax information" or "FTI" means federal tax returns and return information that may:(a)
Contain personally identifiable information; and(b)
Include information created by the recipient that is:1.
Derived from federal return or return information; and2.
Received directly from the Internal Revenue Service (IRS) or obtained through an authorized secondary source, which may include:a.
Social Security Administration (SSA);b.
Federal Office of Child Support Enforcement (OCSE);c.
Bureau of the Fiscal Service (BFS);d.
Centers for Medicare and Medicaid Services (CMS); ore.
Another entity acting on behalf of the IRS.(6)
"Responsible agency" means an office or department within the Office of the Attorney General or an entity under contract with DCSS that employs or offers a job to an individual in a position for which the job duties include access to or use of FTI.Section 2.
Requirement for Criminal Background Checks.(1)
The Office of the Attorney General, DCSS, and its offices shall require prospective and current employees, including contract staff, whose job duties include access to or use of FTI to submit to a fingerprint-based national and state criminal background check as a condition of initial or continued employment. The criminal background check shall occur:(a)
After the applicant is offered a job but before he or she begins working; and(b)
At least once every five (5) years for current employees or contract staff.(2)
The Office of the Attorney General, DCSS, its offices, or responsible agency requesting a fingerprint-based national and state criminal background check for an applicant, current employee, or contract staff shall incur all fees associated with the cost of each criminal background check requested, including the rap back service.(3)
The Office of the Attorney General, DCSS, its offices, or responsible agency shall not employ directly or by contract an individual in a position for which the job duties include access to or use of FTI if the individual:(a)
Refuses to consent to a fingerprint-based state and national criminal background check; or(b)
Is found to have a disqualifying offense.(4)
DCSS or its responsible office shall notify each prospective or current employee determined to have a disqualifying offenseSection 3.
Disqualification for Other Criminal Offenses or Factors. The Office of the Attorney General, DCSS, its offices, or responsible agency shall not employ or contract with an individual with a disqualifying offense as defined in Section 1 of this administrative regulation or whose background check reveals any information that bears upon the fitness of the individual to work in a position with access to or use of FTI. The Office of the Attorney General, DCSS, its offices, or responsible agency shall have the sole discretion to determine if an applicant, current employee, or contract staff is suitable to work in a position with access to or use of FTI and ensure its protection and security in accordance with Kentucky law, IRS Publication 1075, and any other relevant policy or procedure concerning the confidentiality of FTI.Section 4.
Individuals Ineligible to be Hired. The Office of the Attorney General, DCSS, its offices, or responsible agency may refuse to hire, contract with, or permit to work as an employee any applicant that submits to a criminal background check if one (1) or more of the following conditions apply:(1)
The applicant refuses to provide photo identification and Social Security Number;(2)
The applicant fails to submit his or her fingerprints at an authorized collection site within ten (10) business days of receiving notice to submit fingerprints;(3)
Upon completion of the criminal background check, the Office of the Attorney General, DCSS, its office, or responsible agency receives notice that the applicant is found to have a disqualifying offense; or(4)
Final and acceptable disposition of a criminal charge related to a disqualifying offense is not provided to the Office of the Attorney General, DCSS, its offices, or responsible agency within sixty (60) days of fingerprint submission.Section 5.
Notice of a Disqualifying Offense - Applicants.(1)
Upon completion of the criminal background check, the Office of the Attorney General, DCSS, its offices, or responsible agency shall notify applicants determined to have a disqualifying offense.(2)
If an applicant wishes to obtain information concerning the disqualifying offense or challenge the accuracy of a criminal background check, DCSS, its offices, or responsible agency shall refer the applicant to the appropriate state or federal law enforcement agency.Section 6.
Notice of Disqualifying Offense, Reconsideration, and Appeal – Current Employees.(1)
Upon completion of a criminal background check, DCSS, its offices, or responsible agency shall notify current employees determined to have a disqualifying offense. A current employee found to have a disqualifying offense shall immediately be removed from duties with access to or use of FTI.(2)
Upon receipt of notice of a disqualifying offense, a current employee removed from responsibilities requiring FTI access or use may submit a written request for reconsideration to the Department's Executive Director of the Office of Administrative Services no later than fourteen (14) calendar days from the date the notice is issued.(3)
The current employee's request for reconsideration shall include the following information:(a)
A written explanation of each disqualifying offense, including:1.
A description of the events related to the disqualifying offense;2.
The number of years since the occurrence of the disqualifying offense;3.
The age of the offender at the time of the disqualifying offense;4.
Evidence that the individual has pursued or achieved rehabilitation with regard to the disqualifying offense; and5.
Any other relevant and mitigating circumstances regarding the disqualifying offense;(b)
Official documentation showing that all fines, including court-imposed fines, costs, or restitution have been paid or documentation demonstrating adherence to a payment schedule, if applicable;(c)
The date probation or parole was satisfactorily completed, if applicable; and(d)
Employment and character references, including any other evidence demonstrating the ability of the individual to competently perform the employment responsibilities.(4)
A current employee who requests reconsideration may be retained on staff during the review process subject to the following factors:(a)
The nature and severity of the disqualifying offense;(b)
The disposition of the disqualifying offense;(c)
The time elapsed since the disqualifying offense;(d)
The employee's personnel history; and(e)
Whether the employee may be assigned other duties that do not require access to or use of FTI.(5)
After review, DCSS, its offices, or responsible agency may:(a)
Transfer the employee to another open position at the same pay grade or lower within DCSS, its offices, or responsible agency for which the employee is qualified and for which access to or use of FTI is not part of the job responsibilities;(b)
Dismiss the employee if it is determined that the nature of the disqualifying offense presents an immediate, serious and irreparable risk to FTI if the employee's job duties require access to or use of FTI;(c)
Dismiss the employee if it is determined that the nature of the disqualifying offense in any way violates the Office of the Attorney General's Policies regarding Public Integrity and Professionalism.(d)
Redefine the employee's job responsibilities to exclude those functions that require access to or use of FTI; or(e)
Any other action permitted by law.(6)
The appointing authority as defined in KRS 18A.005(1) or his or her designee shall issue a final written determination regarding the reconsideration request. The appointing authority or his or her designee shall notify the employee of the final determination no later than thirty (30) calendar days from receipt of the written request for reconsideration, and the notice shall include any personnel action to be taken by DCSS, its offices, or responsible agency as a result of the final determination.(7)
The current employee may have the right to appeal an action taken by DCSS, its offices, or responsible agency pursuant to the applicable sections of KRS Chapter 18A and the Kentucky Administrative Regulations.Section 7.
Notice of Disqualifying Offense – Contract Staff.(1)
Upon completion of the criminal background check, any contract staff found to have a disqualifying offense shall immediately be subject to one (1) or more of the following actions at the sole discretion of DCSS, its offices, or responsible agency:(a)
Termination;(b)
If permitted by the contract, removed from all duties requiring access to or use of FTI and assigned other duties that do not require access to or use of FTI; or(c)
Any other action permitted by law.(2)
DCSS, its offices, or responsible agency shall notify the contract staff of the action or actions taken within fourteen (14) days of discovery of the disqualifying offense.(3)
If the contract staff wishes to obtain information concerning the disqualifying offense or challenge the accuracy of a criminal background check, DCSS, its offices, or responsible agency shall refer the applicant to the appropriate state or federal law enforcement agency.Section 8.
Challenges to Criminal Background Check Information. An individual subject to a criminal background check required by this administrative regulation shall have the right to request and review the results of his or her national and state criminal background checks and to request correction of any inaccurate information. All corrections shall be addressed with the Federal Bureau of Investigation or the Department of Kentucky State Police; DCSS cannot assist with this process or correct any inaccurate information.Section 9.
Pardons, and Expungements. An applicant, employee, or contract staff who has received a pardon for a disqualifying offense or has had the disqualifying offense expunged shall not be barred from employment with DCSS, its offices, or responsible agency in a position with job duties that include access to or use of FTI for reasons related to the underlying disqualifying offense(s).Section 10.
Incorporation by Reference.(1)
"CS-219, DCSS Background Check Documents" 09/2026 is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the DCSS, 730 Schenkel Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://ag.ky.gov/Resources/Child-Support/Pages/default.aspx.40 KAR 11:003
AMY C. BURKE, DCSS Chief
RUSSELL M. COLEMAN, Attorney General
APPROVED BY AGENCY: September 28, 2026
FILED WITH LRC: October 12, 2026 at 11:20 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 23, 2026, at 9:00 a.m. at the Office of Administrative Hearings, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky 40601. Individuals interested in attending this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend is received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation. Written comments shall be accepted through December 30, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Stacy Byrns Taulbee, General Counsel, Department of Child Support Services, 730 Schenkel Drive, Frankfort, Kentucky 40601; Phone: (502) 229-2088; email: stacy.byrnstaulbee@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Stacy Byrns Taulbee, Phone Number: (502) 229-2088, Email: stacy.byrnstaulbee@ky.gov
Subject Headings:
Child Support; Attorney General; Children and Minors
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation requires each employee of the Department of Child Support Services, including contract staff, with access to or use of federal tax information (FTI) to submit to a criminal background investigation by means of a fingerprint check by the Department of Kentucky State Police and the Federal Bureau of Investigation. The former Cabinet for Health and Family Services, Department of Income Support, Child Support Enforcement office has been reorganized under the Office of the Attorney General, Department of Child Support Services. Said reorganization necessitates the creation of this administrative regulation as some employees of the Department of Child Support Services and contractors working for said program require access to and use of federal tax information (FTI). Access to and use of FTI is controlled by both Federal Law and IRS Publication 1075 titled Tax Information Security Guidelines.
(b) The necessity of this administrative regulation:
26 C.F.R. 301.6103(p)(7)-1, 26 U.S.C. 6103 and IRS Publication 1075 requires that all prospective and current employees, including contract staff, have fingerprint-based state and national criminal background checks if their job duties include access to or use of FTI.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statute by identifying the process to be followed for all Department of Child Support Services employees and contractors who use or have access to FTI to be fingerprinted and have background checks. Access to and use of FTI inherent to the duties required of the Department of Child Support Services in administering Part D of Title IV of the Social Security Act.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the authorizing statutes by establishing the process and guidelines for fingerprinting and background checks on employees and contractors having access to or use of FTI.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Not applicable. This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
Not applicable. This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable. This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable. This is a new administrative regulation.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
The amendment implements legislation from Senate Bill 48 of the 2023 RS.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Child support attorneys and staff – 725.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
Each prospective employee and or contractor and existing employee or contractor will have to undergo fingerprinting and a background check prior to have access to or use of federal tax information for the purposes of effectuating Kentucky’s child support program. This process is unchanged from previous years when Kentucky’s child support program was housed within the Cabinet for Health and Family Services, Department of Income Support, Child Support Enforcement.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
This administrative regulation will create no new or additional costs to regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Entities will benefit by having a clear picture of conditions precedent to employment with the Department of Child Support Services, if their employment or work involves the use of or access to FTI.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no initial costs to the administrative body to implement this administrative regulation.
(b) On a continuing basis:
There will be no costs to the administrative body on a continuing basis.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The sources of funding include state General Funds and Federal Funds under 42 U.S.C. 601-619, Title IV-D of the Social Security Act.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There will be no increase in fees or funding to implement amendment to this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does establish any fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering is not applicable as compliance with this administrative regulation applies equally to all individuals or entities.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
15.800-15.876, 205.992, 213.046(4), 403.211, 405.430(5), 405.467, 405.520, 406.021, 406.025, 407.5101-407.5903, 610.170, 45 C.F.R. 301.1, 302.30, 302.31, 302.33-302.36, 302.50, 302.65, 302.80, 303.2, 303.3-303.8, 303.15, 303.30-303.31, 303.69, 303.70, 42 U.S.C. 651-654, 657, 663, 666
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is expressly authorized by 2023 Ky Acts Ch. 124.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Office of the Attorney General, Department of Law, Department of Child Support Services
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Local entities will not be affected. (b) Estimate the following for the first year:
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
DCSS attorneys and staff.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
There is no fiscal impact of this administrative regulation.
(b) Methodology and resources used to reach this conclusion:
N/A
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
N/A
(b) The methodology and resources used to reach this conclusion:
N/A
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
26 C.F.R. 301.6103(p)(7)-1
(2) State compliance standards.
KRS 18A.095; KRS 336.700; KRS 335B.010; KRS 335B.020; KRS 15.180; KRS 15.802; KRS 15.838; KRS 15.840; KRS 15.866
(3) Minimum or uniform standards contained in the federal mandate.
26 U.S.C. 6103; Public L. 118-258
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.