2006 Utah Code - 32A-1-111 — Department employees -- Requirements.

     32A-1-111.   Department employees -- Requirements.
     (1) (a) The commission may prescribe by policy, directive, or rule the qualifications of persons employed by the department, subject to this title.
     (b) A person may not obtain employment with the department if that person has been convicted of:
     (i) a felony under any federal or state law;
     (ii) any violation of any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic beverages;
     (iii) any crime involving moral turpitude; or
     (iv) on two or more occasions within the five years before the day on which the employee is hired by the department, driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug.
     (2) The director may terminate an employee or take other disciplinary action consistent with Title 67, Chapter 19, Utah State Personnel Management Act if after the day on which the employee is hired by the department, the employee of the department:
     (a) is found to have been convicted of any offense described in Subsection (1)(b) before being hired by the department; or
     (b) on or after the day on which the employee is hired:
     (i) is convicted of an offense described in Subsection (1)(b)(i), (ii), or (iii); or
     (ii) (A) is convicted of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug; and
     (B) was convicted of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug within five years before the day on which the person is convicted of the offense described in Subsection (2)(b)(ii)(A).
     (3) The director may immediately suspend an employee of the department for the period during which the criminal matter is being adjudicated if the employee:
     (a) is arrested on a charge for an offense described in Subsection (1)(b)(i), (ii), or (iii); or
     (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug; and
     (ii) was convicted of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug within five years before the day on which the person is arrested on a charge described in Subsection (3)(b)(i).
     (4) (a) A person who seeks employment with the department shall file with the department an application under oath or affirmation in a form prescribed by the commission.
     (b) The commission may not require information designating the color, race, or creed of an applicant.
     (c) Upon receiving an application the department shall determine whether the applicant is:
     (i) of good moral character; and
     (ii) qualified for the position sought.
     (d) The selection of applicants for employment or advancement with the department shall be in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
     (5) The following are not considered an employee of the department:
     (a) a package agent;
     (b) a licensee;

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     (c) an employee of a package agent; or
     (d) an employee of a licensee.
     (6) A minor may not be employed by the department to:
     (a) work in:
     (i) any state liquor store; or
     (ii) departmental warehouse; or
     (b) engage in any activity involving the handling of alcoholic beverages.

Amended by Chapter 314, 2003 General Session