1. (1) OBP shall conduct a comprehensive review of:

   1. (a) an applicant's background check application;
   2. (b) any record from an open court case or conviction not automatically denied in Subsection 26B-2-120(5)(a);
   3. (c) any outstanding warrant for a criminal or non-criminal finding that requires a comprehensive review;
   4. (d) any non-criminal finding;
   5. (e) any applicant-submitted out-of-state child abuse and neglect registry record; and
   6. (f) any related circumstance in accordance with Subsection 26B-2-120(6).

2. (2) OBP may not conduct a comprehensive review of an applicant's background check application if:

   1. (a) the applicant has been previously reviewed and approved by OBP for the same employment clearance, even if the applicant has not been employed in any human services program for the past 180 days or longer; and
   2. (b) the applicant has no new criminal or non-criminal findings.

3. (3)(a) OBP may not review a background check application without OBP first sending the applicant a written notice that OBP is investigating the applicant's criminal or non-criminal history.

   1. (b) The applicant may submit any written statement or record that OBP may need to make a determination of the risk of harm, including any:

      1. (i) evidence of rehabilitation, counseling, psychiatric treatment received, or additional academic or vocational schooling completed, as established in Subsection 26B-2-120(7);
      2. (ii) investigatory and charging document;
      3. (iii) original police report;
      4. (iv) personal statement;
      5. (v) proof of compliance with a court order; and
      6. (vi) reference letter specific to the potential risk of harm.
   2. (c) OBP shall evaluate information using the criteria established by Subsection 26B-2-120(7)(a).
   3. (d) The applicant shall submit any written statement or record within 15 calendar days of the written notice unless an extension is requested by the provider representative or applicant and granted by OBP.
4. (4) OBP shall gather the information described in Subsection 26B-2-120(7)(a)(vii) from the applicant.

5. (5) OBP may request additional information from any available source, including:

   1. (a) the applicant;
   2. (b) any victim;
   3. (c) any witness;
   4. (d) any investigator;
   5. (e) the criminal justice system;
   6. (f) any law enforcement agency;
   7. (g) the courts; and
   8. (h) any others deemed necessary for the comprehensive evaluation of an application.
6. (6) An applicant with a denied application may re-apply for a background check to OBP after two years from the date of a not eligible determination or upon a substantial change to circumstances.

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