Section R501-14-5 - General Background Screening Procedure(1)(a) The department may not process an application that lacks a signed disclosure statement, applicant information, or applicable fees until the requirements are provided to the office.(b) The office shall use personal identifying information to perform a search in accordance with Section 26B-2-120.(2)(a) The screening agent shall submit an application for an initial background screening no later than two weeks from the applicant becoming associated with the licensee.(b) The provider shall ensure an applicant is directly supervised until the office issues a conditional or eligible clearance determination, and the provider shall document how the individual remains supervised for the entirety of their supervised employment term before receiving a clearance determination.(c) An applicant is eligible to work unsupervised when:(i) the criminal record check reveals no criminal offenses subject to automatic denial in accordance with Section 26B-2-120;(ii) both in-state and out-of-state registry checks are completed as applicable, except as outlined in Subsection R501-14-3(5)(f); and(iii) there is no comprehensive review as required by Section 26B-2-120.(d) The provider shall ensure an applicant with a pending committee review is supervised at all times until the office makes the final determination.(e) The provider may not allow an applicant whose background screening application is denied to have any supervised or unsupervised direct access to clients unless:(i) the denial is overturned in an administrative hearing or by the office director; or(ii) the office approves a subsequent application.(f) The provider shall ensure an applicant initiating an appeal of a denied application works under direct supervision until the department issues a disposition regarding the appeal.(3) The provider shall ensure the applicant or screening agent promptly notifies the office of updated application details or new investigations of abuse or neglect or any new criminal charge by; (a) updating the online system with changes to name and contact information; and(b) emailing cbsunit@utah.gov with any new allegation or investigation of abuse or neglect or new criminal charges.(4)(a) The screening agent may conduct livescan fingerprinting on an independent livescan machine for submission to the office only after completing training in the proper methods of taking fingerprints and ensuring all department billing codes are accurately entered into the machine.(b) The screening agent shall verify the identity of the applicant by inspecting the applicant's personally identifying information when the application is entered into the livescan machine.(c) The applicant shall present the same government-issued photo identification required in Subsection R501-14-3(6)(a) with the fingerprint authorization form to the livescan operator.(d) A minor applicant that submits a youth application with no fingerprints and is not currently on the FBI Rap Back System shall submit fingerprints within 30 days before the minor applicant's 18th birthday.Utah Admin. Code R501-14-5
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