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2019 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 1 - Alcoholic Beverage Control General Provisions
Part 3 - Qualifications and Background
Section 307 - Background check procedure.

Universal Citation:
UT Code § 32B-1-307 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Effective 5/14/2019
32B-1-307. Background check procedure.
  • (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.
    • (b) The department shall pay the expense of obtaining a background check, including obtaining fingerprints, required of:
      • (i) an individual applying for employment with the department; or
      • (ii) a department employee.
  • (2)
    • (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.
    • (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).
    • (c) The department shall pay the expense of obtaining the criminal history record required for:
      • (i) an individual applying for employment with the department; or
      • (ii) a department employee.
  • (3)
    • (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.
    • (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).
    • (c) The department shall pay the expense of obtaining the criminal history record required for:
      • (i) an individual applying for employment with the department; or
      • (ii) a department employee.
  • (4)
    • (a) The Utah Bureau of Criminal Identification:
      • (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;
      • (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;
      • (iii) shall release to the department all information received in response to the department's request; and
      • (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.
    • (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) The department shall pay the Utah Bureau of Criminal Identification the costs incurred in providing the department criminal background information.
  • (6)
    • (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:
      • (i) the commission;
      • (ii) a commissioner;
      • (iii) the director;
      • (iv) the department; or
      • (v) a department employee.
    • (b)
      • (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.
      • (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:
        • (A) review the criminal history record; and
        • (B) respond to information in the criminal history record.
  • (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:
    • (a) notice of the reason for the disqualification; and
    • (b) an opportunity to respond to the disqualification.


Amended by Chapter 145, 2019 General Session
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