Utah Admin. Code R501-14-5 - General Background Screening Procedure
(1)
(a) The
department may not process an application that lacks a signed disclosure
statement, applicant information, or applicable fees until the requirements are
provided to the office.
(b) The
office shall use personal identifying information to perform a search in
accordance with Section
26B-2-120.
(2)
(a) The
screening agent shall submit an application for an initial background screening
no later than two weeks from the applicant becoming associated with the
licensee.
(b) The provider shall
ensure an applicant is directly supervised until the office issues a
conditional or eligible clearance determination, and the provider shall
document how the individual remains supervised for the entirety of their
supervised employment term before receiving a clearance
determination.
(c) An applicant is
eligible to work unsupervised when:
(i) the
criminal record check reveals no criminal offenses subject to automatic denial
in accordance with Section
26B-2-120;
(ii) both in-state and out-of-state registry
checks are completed as applicable, except as outlined in Subsection
R501-14-3(5)(f);
and
(iii) there is no comprehensive
review as required by Section 26B-2-120.
(d) The provider shall ensure an applicant
with a pending committee review is supervised at all times until the office
makes the final determination.
(e)
The provider may not allow an applicant whose background screening application
is denied to have any supervised or unsupervised direct access to clients
unless:
(i) the denial is overturned in an
administrative hearing or by the office director; or
(ii) the office approves a subsequent
application.
(f) The
provider shall ensure an applicant initiating an appeal of a denied application
works under direct supervision until the department issues a disposition
regarding the appeal.
(3) The provider shall ensure the applicant
or screening agent promptly notifies the office of updated application details
or new investigations of abuse or neglect or any new criminal charge by;
(a) updating the online system with changes
to name and contact information; and
(b) emailing cbsunit@utah.gov with any new
allegation or investigation of abuse or neglect or new criminal
charges.
(4)
(a) The screening agent may conduct livescan
fingerprinting on an independent livescan machine for submission to the office
only after completing training in the proper methods of taking fingerprints and
ensuring all department billing codes are accurately entered into the
machine.
(b) The screening agent
shall verify the identity of the applicant by inspecting the applicant's
personally identifying information when the application is entered into the
livescan machine.
(c) The applicant
shall present the same government-issued photo identification required in
Subsection R501-14-3(6)(a)
with the fingerprint authorization form to the livescan operator.
(d) A minor applicant that submits a youth
application with no fingerprints and is not currently on the FBI Rap Back
System shall submit fingerprints within 30 days before the minor applicant's
18th birthday.
Notes
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