(a) Subject to the exceptions noted in subsection (b), Colleges shall retain, for a period of three years:
(1) Completed applications, if they contain questions about Criminal History;
(2) Incomplete applications, if they contain questions about Criminal History;
(3) Blank application forms and other admissions documents that reflect questions posed to Applicants for a period of three years from the last use of the form or document, regardless of whether the form contains questions about Criminal History; and
(4) Any other records about the Applicant, if they contain questions about Criminal History or other evidence of the College’s noncompliance with Section 5004.
(b) The recordkeeping requirements in subsection (a) do not require Colleges to retain documents that an Applicant submitted along with the Application, such as artwork portfolios, letters of recommendation, test scores, or essays, regardless of whether they reference Criminal History.
(c) Colleges shall allow HRC access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Article 50.
(d) It is recommended, but not required, that Colleges retain, for a period of three years, applications that were begun but not completed.
(e) Colleges shall provide information to HRC, or HRC’s designee, as may be required to verify the College’s compliance with this Article 50.
(f) In no event shall HRC require a College to provide any information or documents the disclosure of which would violate state or federal law.
(g) Where a College does not maintain or retain adequate records documenting compliance with this Article 50 or does not allow HRC reasonable access to such records, it shall be presumed that the College did not comply with this Article, absent clear and convincing evidence otherwise.
(h) Pursuant to the Director’s rulemaking authority under this Article 50, the Director shall adopt rules that establish procedures for Colleges to maintain and retain accurate records and to provide annual reporting of compliance to HRC in a manner that does not require disclosure of any information that would violate State or Federal privacy laws.