61-2g-304.5. Background checks.
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Effective 5/14/2019
61-2g-304.5. Background checks.
(1)An individual applying for licensure, certification, or registration under this chapter shall, at the time the individual files an application for licensure:
(a)submit to the division, with the individual's application, a fingerprint card in a form acceptable to the Department of Public Safety;
(b)submit to the division a signed waiver in accordance with Subsection 53-10-108(4) , acknowledging the registration of the individual's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service beginning January 1, 2020;
(c)consent to a criminal background check by:
(i)the Utah Bureau of Criminal Identification; and
(ii)the Federal Bureau of Investigation; and
(d)pay the fee the division establishes in accordance with Subsection (3)(b) .
(2)Beginning January 1, 2020, each applicant for renewal or reinstatement of a license, certification, or registration who does not have the applicant's fingerprints registered in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service shall, at the time the application for renewal or reinstatement is filed:
(a)submit to the division, with the individual's application, a fingerprint card in a form acceptable to the Department of Public Safety;
(b)submit to the division a signed waiver in accordance with Subsection 53-10-108(4) , acknowledging the registration of the individual's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service;
(c)consent to a fingerprint background check by:
(i)the Utah Bureau of Criminal Identification; and
(ii)the Federal Bureau of Investigation; and
(d)pay the fee the division establishes in accordance with Subsection (3)(b) .
(a)The Bureau of Criminal Identification shall:
(i)check the fingerprints an applicant submits under Subsection
(1)or
(2)against the applicable state, regional, and national criminal records databases, including, beginning January 1, 2020, the Federal Bureau of Investigation Next Generation Identification System;
(ii)report the results of the background check to the division;
(iii)maintain a separate file of fingerprints that individuals submit under this section for search by future submissions to the local and regional criminal records databases, including latent prints;
(iv)request, beginning January 1, 2020, that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and
(v)ensure that the division only receives notifications for an individual with whom the division maintains permission to receive notifications.
(i)The division shall assess an applicant who submits fingerprints under this section a fee in an amount that the division sets in accordance with Section 63J-1-504 for services that the division and the Bureau of Criminal Identification or another authorized agency provide under this section.
(ii)The Bureau of Criminal Identification may collect from the division money for services provided under this section.
(a)A license, certification, registration, or renewal issued under this chapter is conditional pending completion of a criminal background check.
(b)A license, certification, registration, or renewal issued under this chapter is immediately and automatically revoked if a criminal background check reveals that the applicant failed to accurately disclose a criminal history that:
(i)relates to the appraisal industry; or
(ii)includes a felony conviction based on fraud, misrepresentation, or deceit.
(c)If a criminal background check reveals that an applicant failed to accurately disclose a criminal history other than a type described in Subsection (4)(b) , the division shall review the application and, in accordance with rules made by the division pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act , may:
(i)place one or more conditions on the license, certification, or registration;
(ii)place one or more restrictions on the license, certification, or registration;
(iii)revoke the license, certification, or registration; or
(iv)refer the application to the board for a decision.
(d)An individual whose conditional license, certification, or registration is automatically revoked under Subsection (4)(b) or whose license, certification, or registration is conditioned, restricted, or revoked under Subsection (4)(c) may appeal the action in a hearing conducted by the board in accordance with Title 63G, Chapter 4, Administrative Procedures Act .
(e)The board may delegate to the division or an administrative law judge the authority to conduct a hearing described in Subsection (4)(d) .
(f)The board, the division, or an administrative law judge may reverse an automatic revocation under Subsection (4)(b) only if:
(i)the criminal history upon which the revocation was based did not occur or is the criminal history of another individual;
(ii)at the time the applicant disclosed the applicant's criminal history, the applicant had a reasonable good faith belief that there was no criminal history to be disclosed; or
(iii)the division failed to follow the prescribed procedure for the revocation.
(a)If an individual's conditional license, certification, or registration is revoked under Subsection
(4)and the individual does not appeal the revocation in accordance with Subsection (4)(d) , the individual may not apply for a new certification, license, or registration under this chapter for a period of 12 months after the day on which the conditional license, certification, or registration is revoked.
(b)If an individual's conditional license, certification, or registration is revoked, the individual appeals that revocation in accordance with Subsection (4)(d) , and the revocation is upheld, the individual may not apply for a new license, certification, or registration under this chapter for a period of 12 months after the day on which the decision from the appeal is issued.
(6)The board may delegate to the division the authority to make a decision on whether relief from a revocation should be granted.
(7)Money an applicant pays for the cost of the criminal background check is nonlapsing.
(8)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , and with the concurrence of the division, the commission may make rules for the administration of this section regarding criminal background checks with ongoing monitoring.
Amended by Chapter 337 , 2019 General Session