67-3-10. Background checks for employees.
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Effective 5/8/2018
67-3-10. Background checks for employees.
(1)As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201 .
(2)Beginning July 1, 2018, the state auditor shall require employees involved in an audit, investigation, or review requiring access to information and records, the access to which requires a background check by federal statute or regulation, to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment.
(3)Each individual in a position listed in Subsection
(2)shall provide a completed fingerprint card to the state auditor upon request.
(4)The state auditor shall require that an individual required to submit to a background check under Subsection
(3)provide a signed waiver on a form provided by the state auditor that meets the requirements of Subsection 53-10-108(4) .
(5)For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13) , the state auditor shall submit to the bureau:
(a)the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and
(b)a request for all information received as a result of the local, regional, and nationwide background check.
(6)The state auditor is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau.
(7)The state auditor may set office policy that:
(a)determines how the state auditor will assess the employment status of an individual upon receipt of background information; and
(b)identifies the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b) .
Enacted by Chapter 427 , 2018 General Session