1. (1)(a) OBP may not process an application without the required applicable fee, applicant information, and a signed disclosure statement.

   1. (b) OBP shall use personal identifying information to perform a search in accordance with Section 26B-2-120.

2. (2)(a) The provider representative shall submit a background check application for each applicant for an initial background check no later than two weeks from the date the applicant becomes associated with the licensee, certification, or contract.

   1. (b)(i) The provider representative shall ensure an applicant is directly supervised until OBP issues a conditional or eligible clearance determination.

      1. (ii) The provider representative shall document how the applicant remains supervised for the entirety of the applicant's supervised employment term before receiving a clearance determination.

3. (3) An applicant is eligible to work unsupervised when:

   1. (a) both in-state and out-of-state registry checks are completed, as applicable, except as outlined in Subsection R501-14-3(5)(f);
   2. (b) the criminal record check reveals no criminal findings subject to automatic denial in accordance with Section 26B-2-120; and
   3. (c) there is no comprehensive review required as outlined in Section 26B-2-120.
4. (4) The provider representative shall ensure an applicant with a pending comprehensive review is always supervised until OBP makes the final determination.

5. (5)(a) The provider representative may not allow an applicant whose background check application is denied to have any supervised or unsupervised direct access to clients unless:

   1. (i) OBP approves a subsequent application; or

      1. (ii) the denial is overturned in an administrative hearing or by the OBP director.
   2. (b) The provider representative shall ensure an applicant initiating an appeal of a denied application works under direct supervision until OBP issues a determination regarding the appeal.

6. (6) The provider representative shall ensure the applicant or provider representative promptly notifies OBP of any updated application details or new investigations of any abuse, neglect, or new criminal finding by:

   1. (a) emailing any new allegation or investigation of any abuse, neglect, or new criminal finding; and
   2. (b) updating DACS with any change to the applicant's name or contact information.

7. (7)(a) The provider representative may conduct livescan fingerprinting on an independent livescan machine for submission to OBP only after completing training in the proper methods of taking fingerprints and ensuring each department billing code is accurately entered into the machine.

   1. (b) The provider representative shall verify the identity of the applicant by inspecting the applicant's personally identifying information when the application is entered into the livescan machine.
   2. (c) The applicant shall present the same government-issued photo identification required in Subsection R501-14-3(7)(a) with the fingerprint authorization form to the livescan operator.
   3. (d) A minor applicant who submits a youth application with no fingerprints and is not currently on the rapback system shall submit fingerprints within 30 days before the minor applicant's 18th birthday.

KEY: licensing, background screening, background check, fingerprinting, human services

Date of Last Change: July 2, 2025

Notice of Continuation: August 22, 2025

Authorizing, and Implemented or Interpreted Law: 26B-2-120; 26B-2-121; 26B-2-122