Utah Administrative Code
Topic - Public Safety
Title R722 - Criminal Investigations and Technical Services, Criminal Identification
Rule R722-900 - Access to Bureau Records
Section R722-900-5 - Access for Entities
Universal Citation: UT Admin Code R 722-900-5
Current through Bulletin 2024-06, March 15, 2024
(1)
(a) An entity seeking access to criminal
background check information for employment background checks or other
screening purposes shall submit a completed Qualified Entity Application Packet
to the bureau, which includes the following:
(i) a Qualified Entity Application
Form;
(ii) documentation that it is
a business, organization, or governmental entity that is qualified to access
criminal background check information;
(iii) a description of why the entity is
seeking to conduct employment background checks or other screenings;
(iv) billing information; and
(v) contact information for:
(A) the entity's administrator; and
(B) a point of contact.
(2)
(a) The bureau shall review the entity's
application to determine whether the entity meets the requirements for access
to criminal background check information found in state or federal
law.
(b) The bureau may request
additional documentation from the entity to verify whether the entity is
qualified to access criminal history information.
(c) If the bureau determines that an entity
is qualified to access criminal background check information, it shall notify
the entity in writing and assign it an entity id.
(d) If the bureau determines the entity is
not qualified to access criminal background check information, the bureau shall
notify the entity of the bureau's decision in writing and provide notice of the
right to appeal pursuant to
R722-900-10.
(3)
(a) Once an entity has been granted access to
criminal background check information, it shall submit the following documents
to the bureau:
(i) a Qualified Entity
Agreement, signed by the entity administrator; and
(ii) a signed Qualified Entity Employee
Agreement for each employee of the entity who will have access to criminal
background check information.
(b) Any employee of the entity who has access
to criminal background check information shall successfully complete all
training and testing required by the bureau.
(c) The bureau may suspend or revoke access
to criminal background check information if an employee of an entity fails to
complete the required training and testing or violates any provision contained
within the signed Qualified Entity Agreement or signed Qualified Entity
Employee Agreement.
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