Utah Code 53G-11-405. Due process for individuals–Review of criminal history information
Current as of: 2024 | Check for updates
|
Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 53G-11-405
- Authorized entity: means an LEA, qualifying private school, or the state board that is authorized to request a background check and ongoing monitoring under this part. See Utah Code 53G-11-401
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Qualifying private school: means a private school that:(9)(a) enrolls students under Title 53F, Chapter 4, Part 3, Carson Smith Scholarship Program; and(9)(b) is authorized to conduct fingerprint-based background checks of national crime information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. See Utah Code 53G-11-401
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) In accordance with Section 53-10-108, an authorized entity shall provide an individual an opportunity to review and respond to any criminal history information received under this part.
(1)(b) If an authorized entity decides to disqualify an individual as a result of criminal history information received under this part, an individual may request a review of:
(1)(b)(i) information received; and
(1)(b)(ii) the reasons for the disqualification.
(1)(c) An authorized entity shall provide an individual described in Subsection (1)(b) with written notice of:
(1)(c)(i) the reasons for the disqualification; and
(1)(c)(ii) the individual’s right to request a review of the disqualification.
(2)
(2)(a) An LEA or qualifying private school shall make decisions regarding criminal history information for the individuals subject to the background check requirements under Section 53G-11-402 in accordance with:
(2)(a)(i) Subsection (3);
(2)(a)(ii) administrative procedures established by the LEA or qualifying private school; and
(2)(a)(iii) rules established by the state board.
(2)(b) The state board shall make decisions regarding criminal history information for licensed educators in accordance with:
(2)(b)(i) Subsection (3);
(2)(b)(ii) Title 53E, Chapter 6, Education Professional Licensure; and
(2)(b)(iii) rules established by the state board.
(3) When making decisions regarding initial employment, initial licensing, or initial appointment for the individuals subject to background checks under this part, an authorized entity shall consider:
(3)(a) any convictions, including pleas in abeyance;
(3)(b) any matters involving a felony; and
(3)(c) any matters involving an alleged:
(3)(c)(i) sexual offense;
(3)(c)(ii) class A misdemeanor drug offense;
(3)(c)(iii) offense against the person under Title 76, Chapter 5, Offenses Against the Individual;
(3)(c)(iv) class A misdemeanor property offense that is alleged to have occurred within the previous three years; and
(3)(c)(v) any other type of criminal offense, if more than one occurrence of the same type of offense is alleged to have occurred within the previous eight years.