R501-14-7. Application Processing and Results

  (1) The Office shall approve an application for background screening in accordance with Section 62A-2-120(7).

  (a) The Office shall notify the applicant or the background screening agent or contractor when an applicant's background screening application is approved.

  (i) Upon receiving notice from the Office, the background screening agent shall provide notice of approval to the applicant as required under Section 62A-2-120 (12)(a)(i).

  (b) The approval granted by the Office shall be valid until a renewal approval is issued or the prior approval lapses.

  (c) An approval granted by the Office shall not be transferable, except as provided in R501-14-10.

  (2) The Office may conditionally approve an application for background screening in accordance with Section 62A-2-120(8).

  (a) Conditional approvals are prohibited for initial applicants who are residents of child placing foster or adoption homes.

  (b) A background screening agent seeking the conditional approval of an applicant shall not request conditional approval unless 10 business days have passed after the applicant's background screening application is received by the Office without receiving notification of the approval or denial of the application.

  (c) A written request for conditional approval shall include the applicant's full name, the last four digits of the applicant's social security number, and the date the application was submitted to the Office.

  (d) Upon receipt of a written request for conditional approval that complies with R501-14-7(2)(b), the Office shall make a conditional determination within three business days.

  (e) Conditional approvals shall have expiration dates not to exceed 60 days.

  (f) If the Office does not provide a standard approval before the expiration date of the conditional approval, the applicant shall be directly supervised until such an approval is granted.

  (g) The Office may revoke the conditional approval prior to the expiration date.

  (3) The Office shall deny an application for background screening in accordance with Section 62A-2-120.

  (4) An applicant whose background screening has been denied shall have no further supervised or unsupervised direct access.

  (5) The Office shall refer an application to the comprehensive review committee in accordance with Section 62A-2-120(6).

  (a) Per Section 62A-2-120 (6)(a)(ii), all misdemeanor convictions except those listed in R501-14-7(5)(b), within the five years prior to submission of the application to the Office shall be reviewed by the comprehensive review committee.

  (b) The following misdemeanors will not be reviewed except as described in (xiv) as listed below:

  (i) violation of local ordinances related to animal licenses, littering, dogs at large, noise, yard sales, land uses, storm water, utilities, business licenses, zoning, building, construction and park/access hours;

  (ii) all misdemeanors listed in 41-6a except:

  (A) part 4 accident responsibility Sections 401.3, 401.5 and 401.7;

  (B) part 5 driving under the influence;

  (C) part 17 miscellaneous rules Section 1716 if charged as a misdemeanor B and Section 1717;

  (D) part 18 Section 1803;

  (iii) all misdemeanors listed in 76-10-2, 76-10 part 1 Section 105, 76-10-21 and 76-10-27;

  (iv) Failure to Appear: A misdemeanor charge under 77-7-22;

  (v) Unauthorized Hunting of Protected Wildlife: A misdemeanor resulting from unauthorized hunting under 23-20-3;

  (vi) Fishing Licenses: A misdemeanor resulting from a failure to have the appropriate fishing license under 23-19-1;

  (vii) Boating Safety: A misdemeanor resulting from a failure to comply with the boating safety requirements outlined in 73-18-8;

  (viii) Business License: A misdemeanor resulting from failure to have a business license as required under 76-8-410;

  (ix) all juvenile misdemeanors except those listed in 62A-2-120(5)(a) unless there is a pattern of at least three or more similar offenses within the five years prior to the submission of the application.

  (c) The Office shall refer an applicant to the comprehensive review committee upon learning of a potentially disqualifying offense or finding described in Section 62A-2-120(6)(a) not previously considered by the comprehensive review committee.

  (6) The Office may provide the status of an application to the sponsoring background screening agent, but shall not share any specific criminal history information.