Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

DAR File No. 30178
NOTICES OF PROPOSED RULES
iii. an application for annual background screening renewal
that is signed or submitted sooner than sixty days preceding the
expiration date of the current background screening approval, as
required by subsection (1)(a)(ii)(A), may be returned to the
individual who submitted it without further action.
](7)[2.](a)[.] Identifying information submitted pursuant to
Sections 62A-2-108.3, 62A-2-120, 62A-3-104.3, 62A-5-103.5, 78-
30-3.5(2)(a), and 78-30-3.6 shall be used to search criminal history
records, the Licensing Information System, juvenile court records
under Section 78-3a-320, and the statewide database.
(i) Identifying information submitted in accordance with
Section 62A-2-120(1)(f) shall also be used to check the child abuse
and neglect registry in each state where the applicant resided in
accordance with Section 62A-2-120(1)(g).
(b)[.] In accordance with Section 62A-5-103.5, a direct service
worker who is a direct ancestor or descendant, or who is an aunt,
uncle or sibling of the person to whom services are rendered, shall
be exempt from a criminal history record search, but shall remain
subject to a search of the Licensing Information System, juvenile
court records under Section 78-3a-320, and the statewide database.
(8)[3.a.](a) Except as permitted by Section 62A-2-120(5), an
applicant for an initial background screening shall have no direct
access to a child or vulnerable adult prior to receiving written
confirmation of background screening approval from the Office of
Licensing.
(b)[b.] Except as permitted by Section 62A-2-120(5), an
applicant seeking annual background screening renewal shall have
no direct access to a child or vulnerable adult after the background
screening expiration date and prior to receiving written confirmation
of background screening approval from the Office of Licensing.
(9)[4.] Upon receipt of a signed, legible, completed application
and identifying information, the Office of Licensing shall:
(a)[a.] investigate and make a preliminary determination of
whether the applicant has been charged with any crime and the
disposition of any charges; and
(b)[b.] search the Licensing Information System, juvenile court
records, and the statewide database, and make a preliminary
determination of whether the applicant has any supported or
substantiated findings of abuse, neglect or exploitation.
(10)(a)[5. a.] The Office of Licensing may defer action on an
application until the applicant submits all additional information
required by the Office of Licensing.
(b)[b.] The Office of Licensing may deny an application in the
event that an applicant fails to provide all additional information
required by the Office of Licensing.
(11)[6.] The Office of Licensing may notify an applicant of its
preliminary determination that the applicant may have a criminal
history outside of Utah, and require an applicant to:
(a)[a.] submit [ten-print fingerprint cards completed by a law
enforcement agency or an agency approved by the BCI]fingerprints,
and a cashier's check or money order for the cost of a nationwide
criminal history check, within 15 calendar days of a letter of
notification;
(b)[b.] obtain and submit a certified copy of the applicant's
criminal history or records from local, state, federal, or foreign
officials within 15 calendar days of a letter of notification.
[7. An applicant has not continuously lived in Utah for the five
years immediately preceding the date of the application if the
applicant has spent four or more consecutive weeks outside Utah,
including but not limited to education, volunteer or employment
activities, military duty, vacations, or when the applicant maintains
an out-of-state driver's license.
](12)(a)[8.a.] The Office of Licensing shall send all written
communications to the applicant or to the applicable human services
program, local government employer (for certified local inspector
applicants only), the Area Agency on Aging (for Personal Care
Attendant applicants only), or the Division of Services for People
With Disabilities (for Direct Service Worker applicants only) by
first-class mail.
(b)[b.] A human services program, local government employer
(for certified local inspector applicants only), the Area Agency on
Aging (for Personal Care Attendant applicants only), or the Division
of Services for People With Disabilities (for Direct Service Worker
applicants only) shall provide the applicant with a copy of all written
communication from the Office of Licensing within 5 calendar days
after the date it is received.
(13)[9.] The applicant shall promptly notify the Office of
Licensing of any change of address while the application remains
pending.
R501-14-4. Results of Screening.
(1)(a)[1.a.] The Office of Licensing shall approve an
application for background screening in accordance with Section
62A-2-120(2).
(b)[i.] The Office of Licensing shall notify the applicant, the
applicable licensing specialist, human services program, local
government employer (for certified local inspector applicants only),
the Area Agency on Aging (for Personal Care Attendant applicants
only), or the Division of Services for People With Disabilities (for
Direct Service Worker applicants only), that the applicant's
background screening application is approved.
(c)[ii.] The approval granted by the Office of Licensing shall
be valid for a period not to exceed one calendar year from the date
of approval.
[iii. Regardless of the application date, an applicant for
background screening who is associated with a licensed program
shall have an approval expiration date that is 30 calendar days prior
to the expiration date of the associated human services program's
license.](i) Notwithstanding Subsection R501-14-4(1)(c), an
applicant's background screening approval that is issued for the
purpose of a preplacement adoptive evaluation in accordance with
Section 78-30-3.5 shall be valid for 18 calendar months from the
date of approval.
(d)[b.] An approval granted by the Office of Licensing shall
not be transferable[.], except as provided in Section R501-14-9.
(e)[i.] Except as provided in Section R501-14-9, [A]a new
application shall be submitted each time an applicant may have
direct access or provide services to a child or vulnerable adult at any
human services program other than the program identified on the
initial application.
(2)[2.] The Office of Licensing shall deny an application for
background screening in accordance with Subsections 62A-2-120(3)
and 62A-2-120-(8).
(3)[3.] The Office of Licensing shall refer an application to the
Comprehensive Review Committee for a comprehensive review in
accordance with Section 62A-2-120(4).
R501-14-5. Comprehensive Review Committee.
(1)[1.] The Director of the following Department of Human
Services divisions and offices shall appoint one member and one
alternate to serve on the Comprehensive Review Committee:
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