DAR File No. 40801
This rule was published in the October 1, 2016, issue (Vol. 2016, No. 19) of the Utah State Bulletin.
Utah State Office of Rehabilitation Employee Background Check Requirement
Notice of Proposed Rule
DAR File No.: 40801
Filed: 09/15/2016 05:55:19 PM
Purpose of the rule or reason for the change:
Repealing Rule R280-204 is in response to H.B. 325, Office of Rehabilitation Services Amendments, from the 2016 General Session. Effective 10/01/2016, state law provides for the Utah State Office of Rehabilitation (USOR) to move from under the direction of the Utah State Board of Education (Board) and Superintendent to under the direction of the Department of Workforce Services and its executive director, at which time the Board will no longer have statutory and rulemaking authority over the USOR.
Summary of the rule or change:
Rule R280-204 is repealed in its entirety.
Statutory or constitutional authorization for this rule:
- Section 53A-1-401
- Section 53A-24-103
Anticipated cost or savings to:
the state budget:
Rule R280-204 is repealed in its entirety, which likely will not result in a cost or savings to the state budget.
Rule R280-204 is repealed in its entirety, which likely will not result in a cost or savings to local government.
Rule R280-204 is repealed in its entirety, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Rule R280-204 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
Rule R280-204 is repealed in its entirety, which likely will not result in any compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
To the best of my knowledge, there should be no fiscal impact on businesses as a result of the amendments to this rule.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Angela Stallings, Associate Superintendent, Policy and Communication
R280. Education, Rehabilitation.
R280-204. Utah State Office of Rehabilitation Employee
Background Check Requirement.
R280-204-1. Authority and Purpose.
(1) This rule is authorized by: (a) Section 53A-24-103, which places the USOR under the
policy direction of the Board; and (b) Subsection 53A-1-401(3), which allows the Board to
adopt rules and policies in accordance with its
responsibilities. (2) The purpose of this rule is to establish
procedures: (a) under which a criminal background check may be
required of a designated USOR employee or volunteer; and (b) under which an employee, prospective employee, or
volunteer may receive notice of required criminal background
check requirements and review.
(1) "BCI" means the Utah Bureau of Criminal
Identification. (2) "Criminal background check" means: (a) the submission by an employee of
fingerprints: (i) through a law enforcement unit; (ii) through the paper or card fingerprinting process
established by the Superintendent; or (iii) by means of an electronic fingerprinting scanning
machine; (b) the review by BCI for comparison with recorded
arrests and convictions; and (c) the discussion or explanation of resulting criminal
arrest or conviction information as determined by this rule and
USOR procedures. (3) "Significant unsupervised access" means a
period of time that an employee, volunteer, or intern, covered by
this rule: (a) may spend with a USOR client during which the
employee or volunteer is alone with the client for more than a
brief time; (b) provides services for a USOR client protected under
this rule on a regular basis by assignment; or (c) who generally works with USOR clients protected under
this rule. (4) "Superintendent" mean the State
Superintendent of Public Instruction or the Superintendent's
designee. (5) "USOR" means the Utah State Office of
Rehabilitation. (6) "USOR employee" means an employee,
including a consultant, temporary employee, intern and
traditional employee of the USOR or an agency or subdivision of
R280-204-3. Criminal Background Check Requirement for
Designated USOR Employees.
(1) The USOR Executive Director shall ensure that a
criminal background check is completed by a USOR employee hired,
transferred, or assigned to the USOR who has significant
unsupervised access to a client. (2) A criminal background check shall be completed on a
designated USOR employee hired before March 2, 2006. (3) The USOR Executive Director shall review a
supervisor's recommendations of a USOR employee position
identified for a criminal background check under Subsection (1)
and designate employee and volunteer positions for which a
criminal background check is necessary. (4) A designated USOR employee or volunteer shall receive
adequate notice of the required criminal background check from
the employee's or volunteer's supervisors. (5) A USOR volunteer may be required, following
reasonable notice, to complete a criminal background
R280-204-4. Criminal Background Check Requirement for USOR
(1) Except as provided in Subsection (2), the USOR shall
require a criminal background check for the following: (a) an employee hired for a USOR position after March 1,
2006 in a position designated by the USOR Executive Director
prior to final and official hiring by the USOR; (b) a prospective transfer from outside the USOR after
March 1, 2006 for a designated position; and (c) at the discretion of the USOR Executive Director, for
a USOR employee reassigned or promoted to a designated
position. (2) A new USOR employee, transfer employee from another
state government position, or volunteer may provide information
from a criminal background check that was completed by the BCI or
by the applicant at a live scan site no more than 12 months prior
to the date of employment by the USOR instead of completing a new
background check. (3) The USOR shall provide a prospective transferee or
employee notice of the criminal background check requirement in
the job or employment notice.
R280-204-5. USOR Procedures for Review of Criminal
Background Check Information.
(1) The USOR shall direct a designated USOR employee
hired between February 28, 2003 and March 1, 2006 to complete a
criminal background check using one of the following
methods: (a) fingerprint cards submitted to the BCI; or (b) live scan process at any Utah live scan
location. (2) USOR staff shall review all criminal background
checks that identify arrests or convictions. (3) USOR staff shall notify the criminal background check
applicant in a timely manner that an arrest, conviction, or both,
were reported as a result of the criminal background
check. (4) Designated USOR staff shall review an arrest,
conviction, or both, and determine if the arrest or conviction
poses a risk to a USOR client. (5) A USOR current or prospective employee whose
background check reveals an arrest or conviction shall have an
opportunity to provide an explanation or additional information
to USOR staff. (6) The review of criminal background check information
may result in a prospective USOR employee not being hired, in
disciplinary action for a current USOR employee, or termination
of a volunteer's participation with the USOR. (7) A current USOR employee shall have adequate due
process, consistent with USOR policies, prior to discipline
resulting from a background check review.
R280-204-6. Criminal Background Check Costs and Fees.
(1) The USOR shall pay the costs and fees associated with
a criminal background check of a USOR employee hired before March
2, 2006. (2)(a) A USOR employee or prospective employee hired
after March 1, 2006 shall pay the costs and fees associated with
a criminal background check. (b) At the discretion of the USOR Executive Director, the
USOR may contribute to the costs and fees of a criminal
background check described in Subsection (2)(a) if funds are
available. (3) The responsibility for costs and fees for a criminal
background check of an employee transferred within the USOR or
from another government agency shall be determined on a
case-by-case basis. (4) The responsibility for costs and fees for a criminal
background check of a USOR volunteer shall be determined on a
case-by-case basis. (5)(a) The USOR shall provide a criminal background check
fee schedule to a prospective USOR employee. (b) Costs may include a fee for review of a fingerprint
card to the BCI, a fee for use of live scan equipment, or a fee
for review of fingerprint results by the USOR.
R280-204-7. Miscellaneous Provisions.
(1) All criminal background information received by the
USOR shall be secured by the Superintendent. (2) All criminal background check records maintained by
the USOR and the Superintendent are protected under Section
63G-2-305 with the exception of public employee information under
Section 63G-2-201. (3) The USOR or the Superintendent has no liability for
any errors or misinformation received from the BCI as a result of
a criminal fingerprint background check. (4) Correction of any misinformation in a criminal
background check is the responsibility of the fingerprint
background check applicant.
KEY: criminal background checks
Date of Enactment or Last Substantive Amendment: March 9,
Notice of Continuation: January 14, 2016
Authorizing, and Implemented or Interpreted Law: 53A-24-103;
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20161001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.