1. (1)

   1. (a) An individual described in Subsections 32B-1-305(2)(b) through (e) shall submit to a background check in a form acceptable to the department, including submitting fingerprints, at the expense of the individual.

   2. (b) The department shall pay the expense of obtaining a background check, including obtaining fingerprints, required of:

      1. (i) an individual applying for employment with the department; or
      2. (ii) a department employee.

2. (2)

   1. (a) The department shall establish a procedure for obtaining and evaluating relevant information from a criminal history record maintained by the Utah Bureau of Criminal Identification pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for a purpose outlined in Section 32B-1-306.
   2. (b) An individual described in Subsections 32B-1-305(2)(b) through (e) shall pay to the department the expense of obtaining the criminal history record described in Subsection (2)(a).

   3. (c) The department shall pay the expense of obtaining the criminal history record required for:

      1. (i) an individual applying for employment with the department; or
      2. (ii) a department employee.

3. (3)

   1. (a) The department shall submit fingerprints obtained under Subsection (1) of an individual to the Utah Bureau of Criminal Identification to be forwarded to the Federal Bureau of Investigation for a nationwide criminal history record check.
   2. (b) An individual described in Subsections 32B-1-305(2)(b) through (e) shall pay to the department the expense of obtaining the criminal history record described in Subsection (3)(a).

   3. (c) The department shall pay the expense of obtaining the criminal history record required for:

      1. (i) an individual applying for employment with the department; or
      2. (ii) a department employee.

4. (4)

   1. (a) The Utah Bureau of Criminal Identification:

      1. (i) shall check the fingerprints submitted under Subsection (1) against the applicable state and regional criminal records databases and submit the fingerprints to national criminal records databases;
      2. (ii) shall maintain a separate file of fingerprints submitted under Subsection (1) for search by future submissions to the state and regional records databases, including latent prints, and notify the department when a new entry is made against a person whose fingerprints are held in the separate file;
      3. (iii) shall release to the department all information received in response to the department's request; and
      4. (iv) may request that the fingerprints be retained in the Federal Bureau of Investigation Rap Back system for search by future submissions to national criminal records databases, including latent prints.
   2. (b) The department shall establish a privacy risk mitigation strategy to ensure that the department only receives notifications for individuals with whom the department maintains a regulatory or employment relationship.
5. (5) The department shall pay the Utah Bureau of Criminal Identification the costs incurred in providing the department criminal background information.

6. (6)

   1. (a) The following may not disseminate a criminal history record obtained under this part to any person except for a purpose described in Section 32B-1-306:

      1. (i) the commission;
      2. (ii) a commissioner;
      3. (iii) the director;
      4. (iv) the department; or
      5. (v) a department employee.

   2. (b)

      1. (i) Notwithstanding Subsection (6)(a), a criminal history record obtained under this part may be provided by the department to the individual who is the subject of the criminal history record.

      2. (ii) The department shall provide an individual who is the subject of a criminal history record and who requests the criminal history record an opportunity to:

         1. (A) review the criminal history record; and
         2. (B) respond to information in the criminal history record.

7. (7) If an individual described in Subsection 32B-1-305(2) is determined to be disqualified under Subsection 32B-1-306(2), the department shall provide the individual with:

   1. (a) notice of the reason for the disqualification; and
   2. (b) an opportunity to respond to the disqualification.

Amended by Chapter 145, 2019 General Session