58-1-310.  Application for division determination regarding criminal conviction.

(1)  An individual with a criminal record may apply to the division at any time for a determination of whether the individual’s criminal record would disqualify the individual from obtaining a license in an occupation or profession regulated by this title if the individual has completed or were to complete all other licensing requirements for the occupation or profession.

Terms Used In Utah Code 58-1-310

  • Conviction: A judgement of guilt against a criminal defendant.
(2)  To receive a determination, the individual shall submit the application described in this section in a form prescribed by the division and shall include information regarding:

(a)  the individual’s complete criminal conviction history;

(b)  what occupational or professional license the individual is interested in seeking;

(c)  what licensing requirements have been met by the individual;

(d)  what licensing requirements have not yet been met by the individual; and

(e)  any other information required by the division as established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(3)  The division may charge the individual a fee, established in accordance with Section 63J-1-504, to submit an application under this section.

(4)  Within 30 days of the day on which the division receives a completed application from an individual for a determination under this section, based on the statutory authority and administrative rules governing the occupation or profession at the time of the application, the division shall provide a written determination to the individual of whether the individual’s criminal record would disqualify the individual from obtaining a license in an occupation or profession regulated by this title if the individual were to complete all other licensing requirements.

(5)  If the individual’s criminal record would disqualify the individual from obtaining a license in an occupation or profession regulated by this title, the written determination described in Subsection (4) may also include information regarding additional steps the individual could take to qualify for licensure.

Enacted by Chapter 198, 2019 General Session

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