Background checks for employees.

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  • (1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
  • (2) Beginning July 1, 2018, the division shall require all applicants for the following positions to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment:
    • (a) assistant directors;
    • (b) contract analysts; and
    • (c) purchasing agents.
  • (3) Each applicant for a position listed in Subsection (2) shall provide a completed fingerprint card to the division upon request.
  • (4) The division shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the division that meets the requirements of Subsection 53-10-108(4).
  • (5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the division shall submit to the bureau:
    • (a) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and
    • (b) a request for all information received as a result of the local, regional, and nationwide background check.
  • (6) The division is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau.
  • (7) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
    • (a) determine how the division will assess the employment status of an individual upon receipt of background information; and
    • (b) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).




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