Utah Admin. Code R156-20a-302 - Good Moral Character - Disqualifying Convictions
(1) When reviewing an application to
determine the good moral character of an applicant as set forth in Section
58-20a-302 and whether the
applicant has been involved in unprofessional conduct as set forth in
Subsection
58-1-501(2)(c),
the Division and the Board shall consider the applicant's criminal record as
follows:
(a) A criminal conviction for a sex
offense as defined in Title 76, Chapter 5, Part 4 and Chapter 5a, and Title 76,
Chapter 10, Part 12 and 13, may disqualify an applicant from becoming licensed.
(b) Other criminal history is
relevant, including as to the following:
(i)
crimes against a person as defined in Title 76, Chapter 5, Parts 1, 2 and 3;
(ii) crimes against property as
defined in Title 76, Chapter 6, Parts 1 through 6;
(iii) any offense involving controlled
dangerous substances; or
(iv)
conspiracy to commit or any attempt to commit any of the above offenses.
(2) An
applicant who has a criminal conviction for a felony crime of violence may be
considered ineligible for licensure for a period of seven years from the
termination of parole, probation, judicial proceeding or date of incident,
whichever is later.
(3) An
applicant who has a criminal conviction for a felony involving a controlled
substance may be considered ineligible for licensure for a period of five years
from the termination of parole, probation, judicial proceeding or date of
incident, whichever is later.
(4)
An applicant who has a criminal conviction for any misdemeanor crime of
violence or the use of a controlled substance may be considered ineligible for
licensure for a period of three years from the termination of parole,
probation, judicial proceeding or date of incident, whichever is later.
(5) Each application for licensure
or renewal of licensure shall be considered in accordance with the requirements
of Section R156-1-302.
(6) A person whose moral character is subject
to review under this Section
R156-20a-302 is not guaranteed
licensure after allowing a specified period of time to pass after conviction.
Notes
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