Title 63A. Utah Administrative Services Code Chapter 1

A-2-106 Background checks for employees

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63A-2-106 Background checks for employees.

(1) As used in this section, “bureau” means the Bureau of Criminal Identification created in Section 53-10-201.

(2) Beginning July 1, 2018, the division shall require all applicants for the following positions to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment:

(a) assistant directors;

(b) contract analysts; and

(c) purchasing agents.

(3) Each applicant for a position listed in Subsection (2) shall provide a completed fingerprint card to the division upon request.

(4) The division shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the division that meets the requirements of Subsection 53-10-108(4).

(5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the division shall submit to the bureau:

(a) the applicant’s personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and

(b) a request for all information received as a result of the local, regional, and nationwide background check.

(6) The division is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau.

(7) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:

(a) determine how the division will assess the employment status of an individual upon receipt of background information; and

(b) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).

Enacted by Chapter 427, 2018 General Session

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