Section R156-20a-302 - Good Moral Character - Disqualifying Convictions(1) When reviewing an application to determine the good moral character of an applicant as set forth in Section 58-20a-302 and whether the applicant has been involved in unprofessional conduct as set forth in Subsection 58-1-501(2)(c), the Division and the Board shall consider the applicant's criminal record as follows: (a) A criminal conviction for a sex offense as defined in Title 76, Chapter 5, Part 4 and Chapter 5a, and Title 76, Chapter 10, Part 12 and 13, may disqualify an applicant from becoming licensed. (b) Other criminal history is relevant, including as to the following: (i) crimes against a person as defined in Title 76, Chapter 5, Parts 1, 2 and 3; (ii) crimes against property as defined in Title 76, Chapter 6, Parts 1 through 6; (iii) any offense involving controlled dangerous substances; or (iv) conspiracy to commit or any attempt to commit any of the above offenses. (2) An applicant who has a criminal conviction for a felony crime of violence may be considered ineligible for licensure for a period of seven years from the termination of parole, probation, judicial proceeding or date of incident, whichever is later. (3) An applicant who has a criminal conviction for a felony involving a controlled substance may be considered ineligible for licensure for a period of five years from the termination of parole, probation, judicial proceeding or date of incident, whichever is later. (4) An applicant who has a criminal conviction for any misdemeanor crime of violence or the use of a controlled substance may be considered ineligible for licensure for a period of three years from the termination of parole, probation, judicial proceeding or date of incident, whichever is later. (5) Each application for licensure or renewal of licensure shall be considered in accordance with the requirements of Section R156-1-302. (6) A person whose moral character is subject to review under this Section R156-20a-302 is not guaranteed licensure after allowing a specified period of time to pass after conviction. Utah Admin. Code R156-20a-302
Adopted by Utah State Bulletin Number 2015-15, effective 7/9/2015