<?xml version="1.0" encoding="ISO-8859-1"?><section number="34-52-102"><effdate>5/3/2023</effdate><histories><history>Amended by Chapter <modchap sess="2023GS">16</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Amended by Chapter <modchap sess="2023GS">344</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="34-52-102(1)">
"Applicant" means an individual who provides information to a public employer or private employer for the purpose of obtaining employment.</subsection><subsection number="34-52-102(2)"><subsection number="34-52-102(2)(a)">
"Criminal conviction" means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge.</subsection><subsection number="34-52-102(2)(b)">
"Criminal conviction" does not include an expunged criminal conviction.</subsection></subsection><subsection number="34-52-102(3)">
"Juvenile adjudication" means:
<subsection number="34-52-102(3)(a)">
a finding by a court that the facts in a petition or criminal information alleging an individual committed an offense when the individual was younger than 18 years old have been proved; or</subsection><subsection number="34-52-102(3)(b)">
an admission or plea of no contest under Section <xref depth="3" refnumber="80-6-306" start="0">80-6-306</xref>.</subsection></subsection><subsection number="34-52-102(4)">
"Mental health professional applicant" means an individual who:
<subsection number="34-52-102(4)(a)">
is licensed under <xref depth="1" refnumber="58-60" start="0">Title 58, Chapter 60, Mental Health Professional Practice Act</xref>; and</subsection><subsection number="34-52-102(4)(b)">
provides information to a public employer or private employer for the purpose of obtaining employment that requires a license under <xref depth="1" refnumber="58-60" start="0">Title 58, Chapter 60, Mental Health Professional Practice Act</xref>.</subsection></subsection><subsection number="34-52-102(5)"><subsection number="34-52-102(5)(a)">
"Private employer" means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.</subsection><subsection number="34-52-102(5)(b)">
"Private employer" does not include a public employer.</subsection></subsection><subsection number="34-52-102(6)">
"Public employer" means an employer that is:
<subsection number="34-52-102(6)(a)">
the state or any administrative subunit of the state, including a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of state government;</subsection><subsection number="34-52-102(6)(b)">
a state institution of higher education; or</subsection><subsection number="34-52-102(6)(c)">
a municipal corporation, county, municipality, school district, special district, special service district, or other political subdivision of the state.</subsection></subsection></section>
