Section R501-14-7 - Application Processing and Results(1)(a) The office shall approve an application for background screening in accordance with Subsection 26B-2-120(8).(b) The office shall notify the applicant, through their screening agent, when an applicant's background screening application is approved or denied.(c) The office shall only provide approval or denial information to a screening agent through a determination in the online system.(d) The office approval is valid until the individual is either no longer associated with any licensed or department contracted program for 90 days in accordance with Subsection R501-14-4(4), or until a new criminal or supported finding of abuse or neglect constitutes screening clearance review or revocation.(2)(a) The office may conditionally approve an application for background screening in accordance with Subsection 26B-2-120(9).(b) The office may not issue a conditional approval for an initial applicant who is a resident of a child-placing foster or adoption home or an applicant working in a department contracted youth residential program.(c) The screening agent seeking the conditional approval of an applicant may not request conditional approval unless ten business days have passed after the office receives the applicant's complete background screening application without receiving notification of the approval or denial of the application.(d) The screening agent shall submit a written request for conditional approval that includes: (i) the applicant's full name;(ii) the last four digits of the applicant's social security number; and(iii) the date the application was submitted with the required consent disclosures and fees in the online system.(e) The provider shall submit the written conditional approval request through the online system or by email to cbsunit@utah.gov.(f) Upon receipt of a written request for conditional approval that complies with Subsections R501-14-7(2)(c) and (d), the office shall make a conditional determination within three business days.(g) A conditional approval expires within 60 days unless the applicant is awaiting the results of an out-of-state registry check as the only remaining item prohibiting clearance.(h) The office may not issue renewal clearance or new conditional clearance if the applicant has not provided the out-of-state registry check within 12 months of the initial application.(i) If the office does not provide a standard approval before the expiration date of the conditional approval, the provider shall ensure the applicant is directly supervised until approval is granted.(j) The office may revoke the conditional approval before the expiration date.(3) The office shall deny an application for background screening in accordance with Section 26B-2-120.(4) The provider shall ensure an applicant whose background screening is denied has no further supervised or unsupervised direct access.(5)(a) The office shall refer an application to the committee in accordance with Subsections 26B-2-120(5)(b) and 26B-2-120(6).(b) In accordance with Subsection 26B-2-120(6)(c), the committee shall review a misdemeanor conviction, except those listed in Subsection (5)(c), that occurred within the ten years before submission of the application to the office.(c) The committee may not review the following misdemeanors: (i) violation of local ordinances related to animal licenses, littering, dogs at large, noise, yard sales, land uses, storm water, utilities, business licenses, zoning, building, construction, and park or access hours;(ii) misdemeanors listed in Title 41, Chapter 6a, Traffic Codes except Title 41 Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving, and Sections 41-6a-401.3, 41-6a-401.5, 41-6a-401.7, 41-6a-1716, 41-6a-1717, and 41-6a-1803;(iii) misdemeanors listed in Sections 76-10-2, 76-10-21, and 76-10-27, and Subsection 76-10-(105);(iv) failure to appear, a misdemeanor charge under Section 77-7-22;(v) a misdemeanor resulting from unauthorized hunting under Section 23-20-3;(vi) a misdemeanor resulting from a failure to have the appropriate fishing license under Section 23-19-1;(vii) a misdemeanor resulting from a failure to comply with the boating safety requirements outlined in Section 73-18-8;(viii) a misdemeanor resulting from failure to have a business license as required under Section 76-8-410; and(ix) juvenile misdemeanors except those listed in Subsection 26B-2-120(5)(a) unless there is a pattern of at least three or more similar offenses within the five years before to the submission of the application; and (d) The office shall refer an applicant to the committee upon learning of a potentially disqualifying offense or finding described in Subsection 26B-2-120(6) if it was not previously considered by the committee.(6) The office may provide the status of an application to a screening agent, but may not share the specific criminal history or abuse or neglect history or findings.Utah Admin. Code R501-14-7
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