Utah Admin. Code R501-14-9 - Comprehensive Review

(1)

(a) The committee may not review a background screening application without the office first sending the applicant a written notice that the office is investigating the applicant's criminal history or findings of abuse, neglect, or exploitation.

(b) The applicant may submit any written statement or record that the committee needs to make a determination of the risk of harm, including:

(i) original police reports;

(ii) investigatory and charging documents;

(iii) proof of any compliance with court orders;

(iv) any evidence of rehabilitation, counseling, psychiatric treatment received, or additional academic or vocational schooling completed;

(v) personal statements;

(vi) reference letters specific to the potential risk of harm; and

(vii) any other information that specifically addresses the criteria established in Subsection 26B-2-120(7)(a)(vii).

(c) The committee shall evaluate information using the criteria established by Subsection 26B-2-120(7)(a).

(d) The applicant shall submit any written statements or records within 15 calendar days of the written notice unless an extension is requested by the screening agent or applicant and granted by the office.

(2) The office shall gather the information described in Subsection 26B-2-120(7)(a)(vii) from the applicant and provide any available information to the committee.

(3) The office may request additional information from any available source, including:

(a) the applicant;

(b) victims;

(c) witnesses;

(d) investigators;

(e) the criminal justice system;

(f) law enforcement agencies;

(g) the courts; and

(h) any others deemed necessary for the comprehensive evaluation of an application.

(4) An applicant with a denied application may re-submit their application to the office after six months or upon a change to circumstances.

Notes

Utah Admin. Code R501-14-9

Amended by Utah State Bulletin Number 2016-3, effective 1/13/2016 Amended by Utah State Bulletin Number 2017-3, effective 1/17/2017 Amended by Utah State Bulletin Number 2017-8, effective 3/21/2017 Amended by Utah State Bulletin Number 2018-6, effective 2/23/2018 Amended by Utah State Bulletin Number 2019-16, effective 7/18/2019 Amended by Utah State Bulletin Number 2021-05, effective 2/16/2021 Amended by Utah State Bulletin Number 2024-03, effective 1/22/2024