32B-1-306. Use of information from a criminal background check.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/14/2019

The commission or department may use information obtained pursuant to Section 32B-1-305 only for one or more of the following purposes:

(1)enforcing this title;

(2)determining whether an individual is convicted of any of the following offenses that disqualify the individual under this title from acting in a capacity described in Subsection 32B-1-305(2) :

(a)within the previous seven years, a felony under federal law or state law;

(b)within the previous four years:

(i)a violation of a federal law, state law, or local ordinance concerning the sale, offer for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic product; or

(ii)a crime involving moral turpitude; or

(c)on two or more occasions within the previous five years, driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs;

(3)determining whether an individual fails to accurately disclose the individual's criminal history on an application or document filed with the department or commission;

(4)approving or denying an application for employment with the department;

(5)taking disciplinary action against a department employee, including possible termination of employment;

(6)issuing or denying an application to operate a package agency;

(7)issuing or denying an application for a license;

(8)issuing or denying the renewal of a package agency agreement;

(9)issuing or denying the renewal of a license;

(10)suspending the operation of a package agency;

(11)terminating a package agency contract; or

(12)suspending or revoking a license.

Amended by Chapter 145 , 2019 General Session