Utah Administrative Code
Topic - Public Safety
Title R722 - Criminal Investigations and Technical Services, Criminal Identification
Rule R722-900 - Access to Bureau Records
Section R722-900-4 - Direct Access to UCJIS for Agencies
Universal Citation: UT Admin Code R 722-900-4
Current through Bulletin 2024-06, March 15, 2024
(1) An agency seeking direct access to UJCIS shall submit a completed Criminal Justice Agency Application Packet to the bureau.
(2)
(a) The bureau shall submit the agency's
information to the FBI, which shall determine whether the agency meets the
requirements for access to CJIS records established by the FBI.
(b) If the FBI determines the agency is
entitled to access any CJIS records, the FBI shall assign the agency an ORI and
the bureau shall notify the agency in writing what records it may access on
UCJIS using the assigned ORI.
(c)
(i) If the FBI determines that the agency is
not entitled to access records on CJIS, the bureau shall notify the agency of
the FBI's decision and refer the agency to the agencies whose records are
available on UCJIS to determine if the agency may have access to those
records.
(ii) If the agency is
granted access to any records on UJCIS, the bureau shall assign the agency an
ORI and notify the agency in writing which records the agency may access using
that ORI.
(iii) If the agency is
not entitled to access any records on UCJIS, the bureau shall notify the agency
in writing and provide notice of the right to appeal pursuant to
R722-900-10.
(3)
(a) Within 30 days after an agency is granted
access to records on UCJIS, it shall submit the following documents to the
bureau:
(i) a Criminal Justice Agency
Agreement, signed by the agency administrator; and
(ii) a CJIS fingerprint submission form with
a legible FD258 fingerprint card for the TAC, which shall be retained in the
FBI Rap Back System in accordance with Subsection
53-10-108(14).
(b) The bureau shall conduct a
fingerprint-based criminal history background check of the TAC.
(c) If the bureau determines that the TAC
meets all the requirements for access to UCJIS, the TAC shall complete the new
TAC orientation training provided by the bureau within six months.
(d) If the bureau determines that the TAC
does not meet the requirements for access to UCJIS, the bureau shall notify the
agency and the TAC in writing including notice of the right to appeal pursuant
to
R722-900-10.
(4)
(a) The agency TAC may conduct a criminal
history check using the name and date of birth of each user or non-user at the
agency when making determination concerning employment by the agency.
(b) The TAC shall create an account on UCJIS
and assign the user or non-user a login id.
(c) Before a user or non-user is allowed
unescorted access to CJIS information or unescorted access to secure or
controlled locations with CJIS information, the individual must be approved by
the bureau to access CJIS information.
(d) In order to obtain approval to access
CJIS information, the TAC must submit to the bureau:
(i) a UCJIS User Agreement for each user and
non-user; and
(ii) a CJIS
fingerprint submission form with a legible FD258 fingerprint card for all users
and non-users employed at the agency, which shall be retained in the FBI Rap
Back System in accordance with Subsection
53-10-108(14).
(e) The bureau shall conduct a
fingerprint-based criminal history background check for all users and non-users
employed at the agency.
(f) If the
bureau determines that a user or non-user meets the requirements for access to
CJIS, the bureau shall notify the TAC that the user or non-user has been
approved.
(i) If the individual is approved by
the bureau, but has a criminal record, the agency TAC shall notify the bureau
that it intends to employ the individual before access to CJIS may be
activated.
(g) If the
bureau determines a user or non-user does not meet the requirements for access
to CJIS, the bureau shall notify the user or non-user, the TAC, and the agency
administrator in writing which includes the right to appeal pursuant to
R722-900-10.
(5)
(a) Within six months of assigning a login id
to a user or non-user, the TAC shall train the user or non-user in accordance
with the BCI Operations Manual.
(b)
Upon completion of the training, the TAC shall administer a test to the users
and submit to the bureau a signed testing agreement form from each user
indicating that the user passed all of the required training and
testing.
(6)
(a) The TAC shall attend the annual TAC
training meeting and provide updates to all users and non-user at the agency
based on the training.
(b) The TAC
shall be responsible for ensuring that all users or non-users at the agency
complete all training required by the bureau.
(c) The TAC shall be responsible for ensuring
that all users at the agency complete all re-testing required by the
bureau.
(d) The bureau may suspend
or revoke a TAC's, user's, non-user's access to records if the TAC, user, or
non-user fails to complete the required training or testing.
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