32A-1-702.   Requirement for a criminal background check.
     (1) The department shall require an individual listed in Subsection (2) to, in accordance with this part:
     (a) submit a fingerprint card in a form acceptable to the department; and
     (b) consent to a fingerprint criminal background check by:
     (i) the Utah Bureau of Criminal Identification; and
     (ii) the Federal Bureau of Investigation.
     (2) The following shall comply with Subsection (1):
     (a) an individual applying for employment with the department;
     (b) an individual applying to the commission to operate a package agency;
     (c) an individual applying to the commission for a license;
     (d) an individual who with regard to an entity that is applying to the commission to operate a package agency or for a license is:
     (i) a partner;
     (ii) a managing agent;
     (iii) a manager;
     (iv) an officer;
     (v) a director;
     (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of a corporation;
     (vii) a member who owns at least 20% of a limited liability company; or
     (viii) an individual employed to act in a supervisory or managerial capacity; or
     (e) an individual who becomes involved in an entity listed in Subsection (2)(b) or (c) in a capacity listed in Subsection (2)(d) on or after the day on which the entity:
     (i) is approved to operate a package agency; or
     (ii) is licensed by the commission.
     (3) The department shall require compliance with Subsection (2)(e) as a condition of an entity's:
     (a) continued operation of a package agency; or
     (b) renewal of a license.
     (4) The department may require as a condition of continued employment that an employee:
     (a) submit a fingerprint card in a form acceptable to the department; and
     (b) consent to a fingerprint criminal background check by:
     (i) the Utah Bureau of Criminal Identification; and
     (ii) the Federal Bureau of Investigation.

Enacted by Chapter 391, 2008 General Session
Download Code Section Zipped WordPerfect 32A01_070200.ZIP 2,481 Bytes

Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page

Last revised: Thursday, May 28, 2009