State Codes and Statutes

Statutes > Utah > Future-title-32b > Chapter-01 > 32b-1-305-effective-07-01-11

32B-1-305 (Effective 07/01/11). Requirement for a criminal background check.
(1) The department shall require an individual listed in Subsection (2) to, in accordancewith this part:
(a) submit a fingerprint card in a form acceptable to the department; and
(b) consent to a fingerprint criminal background check by:
(i) the Utah Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.
(2) The following shall comply with Subsection (1):
(a) an individual applying for employment with the department if:
(i) the department makes the decision to offer the individual employment with thedepartment; and
(ii) once employed, the individual will receive benefits;
(b) an individual applying to the commission to operate a package agency;
(c) an individual applying to the commission for a license;
(d) an individual who with regard to an entity that is applying to the commission tooperate a package agency or for a license is:
(i) a partner;
(ii) a managing agent;
(iii) a manager;
(iv) an officer;
(v) a director;
(vi) a stockholder who holds at least 20% of the total issued and outstanding stock of acorporation;
(vii) a member who owns at least 20% of a limited liability company; or
(viii) an individual employed to act in a supervisory or managerial capacity; or
(e) an individual who becomes involved with an entity that operates a package agency orholds a license, if the individual is in a capacity listed in Subsection (2)(d) on or after the day onwhich the entity:
(i) is approved to operate a package agency; or
(ii) is licensed by the commission.
(3) The department shall require compliance with Subsection (2)(e) as a condition of anentity's:
(a) continued operation of a package agency; or
(b) renewal of a license.
(4) The department may require as a condition of continued employment that adepartment employee:
(a) submit a fingerprint card in a form acceptable to the department; and
(b) consent to a fingerprint criminal background check by:
(i) the Utah Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.

Enacted by Chapter 276, 2010 General Session