Human Services, Administration, Administrative Services, Licensing

Rule R501-14

Background Screening

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34138
Filed: 10/06/2010 08:32:24 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Sections 62-A-101 and 62-A-106 authorize the Office of Licensing to make rules to establish basic standards for licensees.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments were received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule establishes the circumstances under which an applicant may have direct access or provide services to a child or vulnerable adult when the person has a criminal history record, is listed in the Licensing Information System or the statewide database of the Division of Aging and Adult Services, or when juvenile court records show that a court made a substantiated finding under Section 78-A-6-323 that the person committed a severe type of child abuse or neglect. This rule clarifies the standards for approving, denying, or revoking an applicant's background screening. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Vilma Mosier at the above address, by phone at 801-538-4041, by FAX at 801-538-4553, or by Internet E-mail at [email protected]

Authorized by:

Ken Stettler, Director

Effective:

10/06/2010