Utah Administrative Code (Current through November 1, 2019) |
R156. Commerce, Occupational and Professional Licensing |
R156-1. General Rule of the Division of Occupational and Professional Licensing |
R156-1-302. Consideration of Good Moral Character, Unlawful Conduct, Unprofessional Conduct, or Other Mental or Physical Condition
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(1) This section applies in circumstances where an applicant or licensee:
(a) is not automatically disqualified from licensure pursuant to a statutory provision; and
(b)(i) has history that reflects negatively on the person's moral character, including past unlawful or unprofessional conduct; or
(ii) has a mental or physical condition that, when considered with the duties and responsibilities of the license held or to be held, demonstrates a threat or potential threat to the public health, safety or welfare.
(2) In a circumstance described in Section (1), the following factors are relevant to a licensing decision:
(a) aggravating circumstances, as defined in Subsection R156-1-102(2);
(b) mitigating circumstances, as defined in Subsection R156-1-102(17);
(c) the degree of risk to the public health, safety or welfare;
(d) the degree of risk that a conduct will be repeated;
(e) the degree of risk that a condition will continue;
(f) the magnitude of the conduct or condition as it relates to the harm or potential harm;
(g) the length of time since the last conduct or condition has occurred;
(h) the current criminal probationary or parole status of the applicant or licensee;
(i) the current administrative status of the applicant or licensee;
(j) results of previously submitted applications, for any regulated profession or occupation;
(k) results from any action, taken by any professional licensing agency, criminal or administrative agency, employer, practice monitoring group, entity or association;
(l) evidence presented indicating that restricting or monitoring an individual's practice, conditions or conduct can protect the public health, safety or welfare;
(m) psychological evaluations; or
(n) any other information the Division or the board reasonably believes may assist in evaluating the degree of threat or potential threat to the public health, safety or welfare.