53A-6-401. Background checks.
(1) (a) A license applicant shall submit to a background check as a condition for
licensing.
(b) As used in this section, licensing includes reinstatement of a lapsed, suspended, or
revoked license.
(2) (a) The office shall establish a procedure for obtaining and evaluating relevant
information concerning license applicants, including fingerprinting the applicant and submitting
the prints to the Criminal Investigations and Technical Services Division of the Department of
Public Safety for checking against applicable state, regional, and national criminal records files.
(b) The Criminal Investigations and Technical Services Division shall release to the office
all information received in response to the office's request.
(c) The Criminal Investigations and Technical Services Division shall maintain a separate
file of fingerprints submitted under Subsection (2)(a) and notify the office when a new entry is
made against a person whose fingerprints are held in the file regarding any matters involving an
alleged:
(i) sexual offense;
(ii) felony or class A misdemeanor drug offense; or
(iii) offense against the person under Title 76, Chapter 5, Offenses Against the Person.
(d) The cost of maintaining the separate file shall be paid by the office from fees charged
to those submitting fingerprints.
(3) An applicant shall have opportunity to respond to any information received by the
office as a result of the background check.
(4) In preparing recommendations concerning licensing for submission to the board, the
office shall consider only the following matters obtained through fingerprint checks to the extent
that they are relevant to the license sought by the applicant:
(a) convictions;
(b) any matters involving an alleged sexual offense;
(c) any matters involving an alleged felony or class A misdemeanor drug offense;
(d) any matters involving an alleged offense against the person under Title 76, Chapter 5;
(e) any matters involving a felony;
(f) any matters involving a class A misdemeanor property offense alleged to have
occurred within the previous three years; and
(g) any matters involving any other type of criminal offense, if more than one occurrence
of the same type of offense is alleged to have taken place within the previous eight years.
(5) If a recommendation is made for denial of licensure because of information obtained
through a background check, the person shall receive written notice of the reasons for the
recommendation and have an opportunity to respond in accordance with procedures set forth
under board rules.
(6) Information obtained under this section is confidential and may only be disclosed as
provided in this part.
(7) The applicant shall pay the costs of conducting the background check.
(8) This section applies to matters occurring both before and after the effective date of
this section.
Amended by Chapter 24, 2000 General Session
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Last revised: Thursday, May 28, 2009