58-1-301.5. Division access to Bureau of Criminal Identification records -- Criminal background check requirement.
(1) As used in this section, "applicant" means an individual applying for licensure or certification, or with respect to a license or certification, applying for renewal, reinstatement, or relicensure or recertification, as required in: Section; 58-5a-302 Section; 58-16a-302 Section; 58-17b-303 Section; 58-17b-304 Section; 58-17b-305 Section; 58-17b-306 Section; 58-24b-302 Section; 58-31b-302 Section; 58-42a-302 Section; 58-44a-302 Section; 58-47b-302 Section; 58-47b-302.2 Section; 58-49-4 Section; 58-55-302 Section; 58-60-205 Section; 58-60-305 Section; 58-60-405 Section; 58-60-506 Section; 58-61-304 Section; 58-63-302 Section; 58-64-302 Section; 58-67-302 Section; 58-68-302 Section; 58-69-302 Section; 58-70a-302 Section; 58-70b-302 Section; 58-71-302 Section; 58-73-302 Section; 58-89-104 Section; 58-91-103 Section; or 58-92-302 Section. 58-93-302
(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: shall meet the requirements of Section; and 53-10-108 includes: convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in abeyance, dismissed charges, and charges without a known disposition; and criminal background information maintained 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: submit fingerprints in a form acceptable to the division at the time the applicant files a license application or a registration; and consent to a fingerprint background check the Bureau of Criminal Identification and the Federal Bureau of Investigation conduct regarding the application.
(6) Upon receiving fingerprints from an applicant in accordance with Subsection, the division shall: (5) collect from each applicant submitting fingerprints in accordance with this section: the fee that the Bureau of Criminal Identification is authorized to collect for the services provided under Section; and 53-10-108 the fee the Federal Bureau of Investigation charges for fingerprint processing for the purpose of obtaining federal criminal history record information; submit from each applicant the fingerprints and the fees described in Subsectionto the Bureau of Criminal Identification; and (6)(a)(i) obtain and retain in division records a signed waiver the Bureau of Criminal Identification approves in accordance with Sectionfor each applicant. 53-10-108 The fees described in Subsectionare in addition to other fees this chapter authorizes. (6)(a)(i)
(7) In accordance with the requirements of Section, the Bureau of Criminal Identification shall: 53-10-108 check the fingerprints submitted under Subsectionagainst the applicable state and regional criminal records databases; (5)(a) forward the fingerprints to the Federal Bureau of Investigation for a national criminal history background check; and provide the results from the state, regional, and nationwide criminal history background checks to the division.
(8) 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. 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. An individual whose license has been revoked in accordance with Subsectionis entitled to a hearing to challenge the revocation. (8)(a) A registered massage establishment for which the registration has been revoked in accordance with Subsectionis entitled to a hearing to challenge the revocation. (8)(a) The division shall conduct the hearing described in this Subsectionin accordance with Title 63G, Chapter 4, Administrative Procedures Act. (8)