1. (1)(a) OBP shall evaluate any application and information provided by the applicant to determine if an applicant poses a risk of harm to any child or vulnerable adult.

   1. (b) In assessing the risk of harm, OBP shall consider the type of employment the applicant is seeking and the type of license under which the applicant seeks employment.

2. (2)(a) OBP may transfer a previously reviewed and cleared background check approval without further review to another human services program when providing the same service under the same statutory background check requirements.

   1. (b) OBP shall reconsider any previously cleared or denied background check when the applicant requires a new clearance for a new type of employment.
3. (3) OBP shall deny the background check of an applicant when OBP finds that approval would likely create a risk of harm to the specific population the applicant would serve.

4. (4) The provider representative shall ensure an applicant initiating an appeal of a denied application works under direct supervision until there is a determination made regarding the appeal when:

   1. (a) OBP approves the application based on a comprehensive review; or
   2. (b) the determination is overturned by an administrative hearing.

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