background check requirement. (1) As used in this section, "applicant" means an individual applying for licensure or certification, for renewal, reinstatement, or relicensure or recertification, as required in: (a) Section 58-5a-302; (b) Section 58-16a-302; (c) Section 58-17b-303; (d) Section 58-17b-304; (e) Section 58-17b-305; (f) Section 58-17b-306; (g) Section 58-24b-302; (h) Section 58-31b-302; (i) Section 58-42a-302; (j) Section 58-44a-302; (k) Section 58-47b-302; (l) Section 58-47b-302.2; (m) Section 58-49-4; (n) Section 58-55-203; (o) Section 58-60-205; (p) Section 58-60-305; (q) Section 58-60-405; (r) Section 58-60-506; (s) Section 58-61-304; (t) Section 58-63-302; (u) Section 58-64-302; (v) Section 58-67-302; (w) Section 58-68-302; (x) Section 58-69-302; (y) Section 58-70a-302; (z) Section 58-70b-302; (aa) Section 58-71-302; (bb) Section 58-73-302; (cc) Section 58-89-104; (dd) Section 58-91-103; (ee) Section 58-92-302; (ff) Section 58-93-302; or (gg) Section 58-94-304. (2) The division shall have direct access to local files the Bureau of Criminal Identification maintains under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for background screening of an applicant. (3) The division's access to criminal background information under this section: (a) shall meet the requirements of Section 53-10-108; and (b) includes: (i) convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in abeyance, dismissed charges, and charges without a known disposition; and (ii) criminal background information the Bureau of Criminal Identification maintains under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification. (4) The division may not disseminate outside of the division any criminal history record information that the division obtains from the Bureau of Criminal Identification or the Federal Bureau of Investigation under the criminal background check requirements of this section. (5) To fulfill an applicable criminal background check requirement, an applicant shall: (a) submit fingerprints in a form acceptable to the division at the time the applicant files a license application or a registration; and (b) consent to a fingerprint background check the Bureau of Criminal Identification and the Federal Bureau of Investigation conduct regarding the application. (6) (a) Upon receiving fingerprints from an applicant in accordance with Subsection (5), the division shall: (i) collect from each applicant submitting fingerprints in accordance with this section: (A) the fee that the Bureau of Criminal Identification is authorized to collect for the services provided under Section 53-10-108; and (B) the fee the Federal Bureau of Investigation charges for fingerprint processing for the purpose of obtaining federal criminal history record information; (ii) submit from each applicant the fingerprints and the fees described in Subsection (6)(a)(i) to the Bureau of Criminal Identification; and (iii) obtain and retain in division records a signed waiver the Bureau of Criminal Identification approves in accordance with Section 53-10-108 for each applicant. (b) The fees described in Subsection (6)(a)(i) are in addition to other fees this chapter authorizes. (7) In accordance with the requirements of Section 53-10-108, the Bureau of Criminal Identification shall: (a) check the fingerprints submitted under Subsection (5)(a) against the applicable state and regional criminal records databases; (b) forward the fingerprints to the Federal Bureau of Investigation for a national criminal history background check; and (c) provide the results from the state, regional, and nationwide criminal history background checks to the division. (8) (a) (i) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the criminal background check required under this section demonstrates, after the applicant is licensed or registered, that the applicant failed to accurately disclose a criminal history, the division may provide notice to the applicant that the license or registration is immediately and automatically revoked. (ii) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if a massage establishment owner has a criminal conviction or pending criminal charges for any crime under Title 76, Chapter 5, Part 4, Sexual Offenses, or any crime the division determines by rule the division makes in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall deny an application for registration of a massage establishment. (b) (i) An individual whose license has been revoked in accordance with Subsection (8)(a) is entitled to a hearing to challenge the revocation. (ii) A registered massage establishment for which the registration has been revoked in accordance with Subsection (8)(a) is entitled to a hearing to challenge the revocation. (c) The division shall conduct the hearing described in this Subsection (8) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
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