Utah Admin. Code R501-14-7 - Application Processing and Results
(1)
(a) The office shall approve an application
for background screening in accordance with Subsection
26B-2-120(8).
(b) The office shall notify the applicant,
through their screening agent, when an applicant's background screening
application is approved or denied.
(c) The office shall only provide approval or
denial information to a screening agent through a determination in the online
system.
(d) The office approval is
valid until the individual is either no longer associated with any licensed or
department contracted program for 90 days in accordance with Subsection
R501-14-4(4),
or until a new criminal or supported finding of abuse or neglect constitutes
screening clearance review or revocation.
(2)
(a) The
office may conditionally approve an application for background screening in
accordance with Subsection
26B-2-120(9).
(b) The office may not issue a conditional
approval for an initial applicant who is a resident of a child-placing foster
or adoption home or an applicant working in a department contracted youth
residential program.
(c) The
screening agent seeking the conditional approval of an applicant may not
request conditional approval unless ten business days have passed after the
office receives the applicant's complete background screening application
without receiving notification of the approval or denial of the
application.
(d) The screening
agent shall submit a written request for conditional approval that includes:
(i) the applicant's full name;
(ii) the last four digits of the applicant's
social security number; and
(iii)
the date the application was submitted with the required consent disclosures
and fees in the online system.
(e) The provider shall submit the written
conditional approval request through the online system or by email to
cbsunit@utah.gov.
(f) Upon receipt
of a written request for conditional approval that complies with Subsections
R501-14-7(2)(c) and
(d), the office shall make a conditional
determination within three business days.
(g) A conditional approval expires within 60
days unless the applicant is awaiting the results of an out-of-state registry
check as the only remaining item prohibiting clearance.
(h) The office may not issue renewal
clearance or new conditional clearance if the applicant has not provided the
out-of-state registry check within 12 months of the initial
application.
(i) If the office does
not provide a standard approval before the expiration date of the conditional
approval, the provider shall ensure the applicant is directly supervised until
approval is granted.
(j) The office
may revoke the conditional approval before the expiration date.
(3) The office shall deny an
application for background screening in accordance with Section
26B-2-120.
(4) The provider shall
ensure an applicant whose background screening is denied has no further
supervised or unsupervised direct access.
(5)
(a) The
office shall refer an application to the committee in accordance with
Subsections
26B-2-120(5)(b)
and 26B-2-120(6).
(b) In accordance with Subsection
26B-2-120(6)(c),
the committee shall review a misdemeanor conviction, except those listed in
Subsection (5)(c), that occurred within the ten years before submission of the
application to the office.
(c) The
committee may not review the following misdemeanors:
(i) violation of local ordinances related to
animal licenses, littering, dogs at large, noise, yard sales, land uses, storm
water, utilities, business licenses, zoning, building, construction, and park
or access hours;
(ii) misdemeanors
listed in Title 41, Chapter 6a, Traffic Codes except Title 41 Chapter 6a, Part
5, Driving Under the Influence and Reckless Driving, and Sections
41-6a-401.3,
41-6a-401.5, 41-6a-401.7,
41-6a-1716,
41-6a-1717, and
41-6a-1803;
(iii) misdemeanors listed in Sections
76-10-2, 76-10-21, and 76-10-27, and Subsection 76-10-(105);
(iv) failure to appear, a misdemeanor charge
under Section
77-7-22;
(v) a misdemeanor resulting from unauthorized
hunting under Section
23-20-3;
(vi) a misdemeanor resulting from a failure
to have the appropriate fishing license under Section
23-19-1;
(vii) a misdemeanor resulting from a failure
to comply with the boating safety requirements outlined in Section
73-18-8;
(viii) a misdemeanor resulting from failure
to have a business license as required under Section
76-8-410; and
(ix) juvenile misdemeanors except those
listed in Subsection
26B-2-120(5)(a)
unless there is a pattern of at least three or more similar offenses within the
five years before to the submission of the application; and
(d) The office shall refer an
applicant to the committee upon learning of a potentially disqualifying offense
or finding described in Subsection
26B-2-120(6) if
it was not previously considered by the committee.
(6) The office may provide the status of an
application to a screening agent, but may not share the specific criminal
history or abuse or neglect history or findings.
Notes
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