Section R501-14-10 - Comprehensive Review Determination(1)(a) The committee shall evaluate the applications and information provided to the committee by the office to determine if an applicant poses a risk of harm to children or vulnerable adults.(b) In assessing the risk of harm, the committee shall consider the type of employment the applicant is seeking and the type of license under which the applicant seeks employment.(2)(a) The office may transfer a previously reviewed and cleared background screening approval without further committee review to another human service program when providing the same service under the same statutory screening requirements.(b) The committee shall re-consider previously cleared or denied screenings when the applicant requires a new clearance for a new type of employment.(3) The committee members shall conduct an individual review of each application presented.(4)(a) The committee shall recommend approval of the background screening of an applicant only after a simple majority of the voting members of the committee determines that approval will not likely create a risk of harm to a child or vulnerable adult in the request type for which they applied.(b) The committee shall recommend denial of the background screening of an applicant when it finds that approval will likely create a risk of harm to the specific population that the applicant will serve.(c) Each voting member shall independently document how the voting member reached the conclusion that the individual does or does not pose a risk of harm to the population the applicant is applying to serve.(5)(a) The applicant shall provide additional information requested by the Office within 30 days of the initial request.(b) The committee may consider and weigh only what was submitted to the committee and may only consider additional information that is publicly available in making the committee's evaluation of the risk of harm to clients.(c) The committee may not deny an application due to lack of information.(6) The office director or designee shall make the final determination to approve or deny the application after considering the comprehensive review committee's recommendation.(7)(a) The provider may not allow an applicant whose background screening is denied to have any supervised or unsupervised direct access to clients unless: (i) the determination is overturned by an administrative hearing or the office director; or(ii) the office approves a subsequent application.(b) The provider shall ensure an applicant initiating an appeal of a denied application works under direct supervision until there is a disposition made regarding the appeal.Utah Admin. Code R501-14-10
Amended by Utah State Bulletin Number 2016-3, effective 1/13/2016Amended by Utah State Bulletin Number 2017-3, effective 1/17/2017Amended by Utah State Bulletin Number 2017-8, effective 3/21/2017Amended by Utah State Bulletin Number 2018-6, effective 2/23/2018Amended by Utah State Bulletin Number 2019-16, effective 7/18/2019Amended by Utah State Bulletin Number 2021-05, effective 2/16/2021Amended by Utah State Bulletin Number 2024-03, effective 1/22/2024