R722-900-4. Direct Access to UCJIS for Agencies

  (1) An agency seeking direct access to UJCIS shall submit a completed Criminal Justice Agency Application Packet to the bureau.

  (2)(a) The bureau shall submit the agency's information to the FBI, which shall determine whether the agency meets the requirements for access to CJIS records established by the FBI.

  (b) If the FBI determines the agency is entitled to access any CJIS records, the FBI shall assign the agency an ORI and the bureau shall notify the agency in writing what records it may access on UCJIS using the assigned ORI.

  (c)(i) If the FBI determines that the agency is not entitled to access records on CJIS, the bureau shall notify the agency of the FBI's decision and refer the agency to the agencies whose records are available on UCJIS to determine if the agency may have access to those records.

  (ii) If the agency is granted access to any records on UJCIS, the bureau shall assign the agency an ORI and notify the agency in writing which records the agency may access using that ORI.

  (iii) If the agency is not entitled to access any records on UCJIS, the bureau shall notify the agency in writing and provide notice of the right to appeal pursuant to R722-900-10.

  (3)(a) Within 30 days after an agency is granted access to records on UCJIS, it shall submit the following documents to the bureau:

  (i) a Criminal Justice Agency Agreement, signed by the agency administrator; and

  (ii) a CJIS fingerprint submission form with a legible FD258 fingerprint card for the TAC, which shall be retained in the FBI Rap Back System in accordance with Subsection 53-10-108(14).

  (b) The bureau shall conduct a fingerprint-based criminal history background check of the TAC.

  (c) If the bureau determines that the TAC meets all the requirements for access to UCJIS, the TAC shall complete the new TAC orientation training provided by the bureau within six months.

  (d) If the bureau determines that the TAC does not meet the requirements for access to UCJIS, the bureau shall notify the agency and the TAC in writing including notice of the right to appeal pursuant to R722-900-10.

  (4)(a) The agency TAC may conduct a criminal history check using the name and date of birth of each user or non-user at the agency when making determination concerning employment by the agency.

  (b) The TAC shall create an account on UCJIS and assign the user or non-user a login id.

  (c) Before a user or non-user is allowed unescorted access to CJIS information or unescorted access to secure or controlled locations with CJIS information, the individual must be approved by the bureau to access CJIS information.

  (d) In order to obtain approval to access CJIS information, the TAC must submit to the bureau:

  (i) a UCJIS User Agreement for each user and non-user; and

  (ii) a CJIS fingerprint submission form with a legible FD258 fingerprint card for all users and non-users employed at the agency, which shall be retained in the FBI Rap Back System in accordance with Subsection 53-10-108(14).

  (e) The bureau shall conduct a fingerprint-based criminal history background check for all users and non-users employed at the agency.

  (f) If the bureau determines that a user or non-user meets the requirements for access to CJIS, the bureau shall notify the TAC that the user or non-user has been approved.

  (i) If the individual is approved by the bureau, but has a criminal record, the agency TAC shall notify the bureau that it intends to employ the individual before access to CJIS may be activated.

  (g) If the bureau determines a user or non-user does not meet the requirements for access to CJIS, the bureau shall notify the user or non-user, the TAC, and the agency administrator in writing which includes the right to appeal pursuant to R722-900-10.

  (5)(a) Within six months of assigning a login id to a user or non-user, the TAC shall train the user or non-user in accordance with the BCI Operations Manual.

  (b) Upon completion of the training, the TAC shall administer a test to the users and submit to the bureau a signed testing agreement form from each user indicating that the user passed all of the required training and testing.

  (6)(a) The TAC shall attend the annual TAC training meeting and provide updates to all users and non-user at the agency based on the training.

  (b) The TAC shall be responsible for ensuring that all users or non-users at the agency complete all training required by the bureau.

  (c) The TAC shall be responsible for ensuring that all users at the agency complete all re-testing required by the bureau.

  (d) The bureau may suspend or revoke a TAC's, user's, non-user's access to records if the TAC, user, or non-user fails to complete the required training or testing.