19-1-308. Background checks for employees.
| (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 department shall require all appointees and 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) |
administrative services managers; |
| (c) |
financial managers; and |
| (d) |
schedule AB and AD employees, in accordance with Section 63A-17-301, in appointed positions. |
|
| (3) |
Each appointee or applicant for a position listed in Subsection (2) shall provide a completed fingerprint card to the department upon request. |
| (4) |
The department 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 department 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 department 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 department 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 department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
| (a) |
determine how the department 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). |
|
Amended by Chapter 345, 2021 General Session
