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1994 New Hampshire Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagnh0017 and id is 1 raw text is: DEPARTMENT OF JUSTICE
STATE OF NEW HAMPSHIRE
25 CAPITOL STREET
CONCORD, NEW HAMPSHIRE 03301-6397
JEFFREY R. HOWARD                                    GEORGE DANA BISBEE
ATTORNEY GENERAL                                    DEPUTY ATTORNEY GENERAL
February 18, 1994
Robert E. Dunn, Assistant Commissioner
State of New Hampshire Department of Safety
James H. Hayes Building
10 Hazen Drive
Concord, New Hampshire 03301
Dear Assistant Commissioner Dunn:
You have asked our opinion on the obligation of the
Division of State Police (Division) to send requests for
criminal history record checks of applicants for teacher
certification or renewal to the Federal Bureau of Investigation
(FBI), pursuant to RSA 189:13-a. The language of RSA 189:13-a,
IV provides that the Division shall process these record
checks through the FBI. However, the FBI has stated that it
will not process these requests because of the absence of an
express provision in RSA 189:13-a requiring submission of
fingerprints to the State Police and authorizing their
redisclosure to the FBI. For the reasons discussed below, we
have determined that the Division is not required by state law
to send the requests for record review to the FBI.
RSA 189:13-a establishes a statutory scheme for criminal
records checks of any applicant for teacher certification or
renewal. RSA 189:13-a, I. Under this statute, the applicant
submits a criminal records release form to the Department
of Education, which in turn forwards the release to the Division
of State Police. RSA 189:13-a, II, IV. The responsibilities of
the Division are set out in RSA 189:13-a, IV, which states that
these releases are provided for the purpose of utilizing the

Telephone 603.271-3658 * FAX 603-271-2110 1 TDD Access: Relay NH 1-800-735.2964

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