53-6-302.  Applicants for certification examination — Requirements.

(1)  Before being allowed to take a dispatcher certification examination, each applicant shall meet the following requirements:

Terms Used In Utah Code 53-6-302

  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means an adjudication of guilt regarding criminal conduct, including:
(a) a finding of guilt by a court or a jury;
(b) a guilty plea;
(c) a plea of nolo contendere;
(d) a plea which is held in abeyance pending the successful completion of:
(i) a probationary period; or
(ii) a diversion agreement; or
(e) a conviction which has been expunged or dismissed. See Utah Code 53-6-102
  • Dispatcher: means an employee of a public safety agency of the state or any of its political subdivisions and whose primary duties are to:
    (a) 
    (i) receive calls for one or a combination of, emergency police, fire, and medical services, and to dispatch the appropriate personnel and equipment in response to the calls; and
    (ii) in response to emergency calls, make urgent decisions affecting the life, health, and welfare of the public and public safety employees; or
    (b) supervise dispatchers or direct a dispatch communication center. See Utah Code 53-6-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • POST: means the division. See Utah Code 53-6-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (a)  be either:

    (i)  a United States citizen; or

    (ii)  a lawful permanent resident of the United States who:

    (A)  has been in the United States legally for the five years immediately before the day on which the application is made; and

    (B)  has legal authorization to work in the United States;

    (b)  be 18 years old or older at the time of employment as a dispatcher;

    (c)  be a high school graduate or have a G.E.D. equivalent;

    (d)  have not been convicted of a crime for which the applicant could have been punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this or another state;

    (e)  have demonstrated good moral character, as determined by a background investigation;

    (f)  be free of any physical, emotional, or mental condition that might adversely affect the performance of the applicant’s duty as a dispatcher; and

    (g)  meet all other standards required by POST.

    • (2) 

    (a)  An application for certification shall be accompanied by a criminal history background check of local, state, and national criminal history files and a background investigation.

    (b)  The costs of the background check and investigation shall be borne by the applicant or the applicant’s employing agency.

    (3) 

    (a)  Notwithstanding Title 77, Chapter 40a, Expungement, regarding expungements, or a similar statute or rule of any other jurisdiction, any conviction obtained in this state or other jurisdiction, including a conviction that has been expunged, dismissed, or treated in a similar manner to either of these procedures, may be considered for purposes of this section.

    (b)  Subsection (3)(a) applies to convictions entered both before and after May 1, 1995.

    (4)  Any background check or background investigation performed under the requirements of this section shall be to determine eligibility for admission to training programs or qualification for certification examinations and may not be used as a replacement for any background investigations that may be required of an employing agency.

    (5)  An applicant is considered to be of good moral character under Subsection (1)(e) if the applicant has not engaged in conduct that would be a violation of Subsection 53-6-309(1).

    Amended by Chapter 13, 2021 Special Session 1

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