R722-900-6. Individual Right of Access

  (1) An individual may review his or her own criminal history record information contained in a UCH, by submitting a completed Criminal History Record Application to the bureau along with:

  (a) a set of fingerprints which have been verified with photo identification at the time the fingerprints were taken;

  (b) a copy of a government issued photo identification; and

  (c) payment of the processing fee required by Subsection 53-10-108(9)(b).

  (2)(a) An individual may challenge the completeness and accuracy of the information contained in the individual's UCH by submitting a completed Application to Challenge Criminal History Records to the bureau along with:

  (i) the challenge fee; and

  (ii) documentation to establish what information is missing or incorrect on the UCH.

  (b) The challenge process shall be an informal adjudicative proceeding under Section 63G-4-203.

  (c)(i) If the bureau determines that the individual's criminal history record information is incomplete or inaccurate, the bureau shall amend the UCH.

  (ii) The bureau shall send the individual a letter notifying the individual of the changes made to the individual's UCH and a copy of the individual's corrected UCH.

  (d)(i) If the bureau determines that the criminal history record information is correct, the bureau shall notify the individual in writing that the UCH shall not be amended.

  (ii) An individual may appeal the bureau's decision not to amend a record to district court in accordance with Section 63G-4-402.

  (e) If the bureau determines that the individual seeking to challenge the information in the UCH is not the subject of the record, the bureau shall notify the individual in writing.