R501-14-7. Application Processing and Results

(1)(a) OBP shall approve an application for a background check in accordance with Section 26B-2-120. (b) OBP shall notify an applicant, through the provider representative, when the applicant's background check application is approved or denied. (c) OBP shall only provide approval or denial information to a provider representative through a determination in DACS. (d) OBP approval is valid until: (i) 180 days after the applicant is no longer associated with the licensee, certification, or contract in accordance with Subsection R501-14-4(4); or (ii) a new criminal or non-criminal finding constitutes background check clearance review or revocation. (2)(a) OBP may conditionally approve an application for a background check in accordance with Subsection 26B-2-120(9) only when awaiting the results of a criminal history search of national background databases from the Bureau of Criminal Identification. (b) OBP may not issue a conditional approval for an initial applicant who is: (i) a resident of a child placing foster or adoption home; or (ii) working in a department-contracted congregate care program. (c) A provider representative seeking the conditional approval of an applicant may only request conditional approval if: (i) ten business days have passed since OBP received the applicant's complete background check application; and (ii) the provider representative has not received notification of the application's approval or denial. (d) The provider representative shall submit a written request for conditional approval that includes the: (i) applicant's full name; (ii) date the application was submitted in DACS with any required consent disclosure and fee; and (iii) last four digits of the applicant's social security number. (e) The provider representative shall submit the written conditional approval request through DACS or by email to the OBP criminal background screening (CBS) unit email on the DLBC website. (f) OBP shall make a conditional determination within three business days of receiving a written request for conditional approval that complies with Subsections (2)(c) and (d). (g) A conditional approval expires within 60 days unless the applicant is awaiting the results of an out-of-state registry check as the only remaining item prohibiting clearance. (h) OBP may issue renewal clearance or new conditional clearance only if the applicant has provided the out-of-state registry check within 12 months of the initial application. (i) If OBP does not provide a standard approval before the expiration date of the conditional approval, the provider shall ensure the applicant is directly supervised until approval is granted. (j) OBP may revoke the conditional approval before the expiration date. (3) OBP shall deny an application for a background check in accordance with Section 26B-2-120. (4) OBP shall conduct a comprehensive review of an application in accordance with Subsection 26B-2-120(7). (5) OBP shall conduct a comprehensive review of an applicant's background check if the applicant: (a) has a driving offense that includes any criminal finding that is substantially similar to: (i) an accident involving bodily harm or death, as described in Sections 41-6a-401.3 and 41-6a-401.5; (ii) driving while impaired, as described in Sections 41-6a-502.5 and 41-6a-517; (iii) exhibition driving, as described in Section 41-6a-606; or (iv) reckless driving, as described in Section 41-6a-528; (b) has any criminal or non-criminal findings within the time frames listed in Subsections 26B-2-120(6), (12), and (13); (c) has any felony listed in Subsection 26B-2-120(5); (d) has been convicted of, has pled no contest, or is subject to a plea and abeyance or diversion agreement; (e) is applying as a prospective foster parent or prospective adoptive parent and has a listing in MIS; (f) is applying to work in a congregate care program and has a listing in MIS; or (g) has a criminal or non-criminal finding that is substantially similar to a criminal or non-criminal finding described in this section. (6) OBP may not conduct a comprehensive review of a criminal finding identified as an infraction or misdemeanor of: (a) a minor traffic violation as listed in Title 41, Chapter 6a, Traffic Code, except: (i) a minor traffic violation that includes driving under the influence or reckless driving, as listed in Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving: or (ii) a minor traffic violation that results in the bodily harm of another person; or (b) a violation of any local ordinance related to: (i) animal licensing; (ii) business licensing; (iii) construction; (iv) dog at large; (v) land use; (vi) littering; (vii) noise; (viii) park access hours; (ix) storm water; (x) utilities; (xi) yard sales; or (xii) zoning. (7) OBP shall conduct a comprehensive review upon learning of a potentially disqualifying criminal or non-criminal finding described in Subsection 26B-2-120(6) if the criminal or non-criminal finding was not previously considered by OBP. (8) OBP may provide the status of an application to a provider representative but may not share the specific criminal or non-criminal findings or history of findings.