Utah Code § 19-1-308

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 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;
(b) financial analysts;
(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).

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