(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201.

(2) Beginning July 1, 2018, USTAR: (a) shall require all applicants for Schedule A positions, in accordance with Section 67-19-15, to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment; and (b) may require applicants for time limited positions to submit to a fingerprint-based, local, regional, and national criminal history background check and ongoing monitoring as a condition of employment if the applicant, as an employee: (i) will interact with children, or vulnerable adults as defined in Section 62A-2-120; or (ii) may have access to sensitive personal and financial information.

(a) shall require all applicants for Schedule A positions, in accordance with Section 67-19-15, to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment; and

(b) may require applicants for time limited positions to submit to a fingerprint-based, local, regional, and national criminal history background check and ongoing monitoring as a condition of employment if the applicant, as an employee: (i) will interact with children, or vulnerable adults as defined in Section 62A-2-120; or (ii) may have access to sensitive personal and financial information.

(i) will interact with children, or vulnerable adults as defined in Section 62A-2-120; or

(ii) may have access to sensitive personal and financial information.

(3) Each individual in a position listed in Subsection (2) shall provide a completed fingerprint card to USTAR upon request.

(4) The program director shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by USTAR that meets the requirements of Subsection 53-10-108(4).

(5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), USTAR shall submit to the bureau: (a) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and (b) a request for all information received as a result of the local, regional, and nationwide background check.

(a) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and

(b) a request for all information received as a result of the local, regional, and nationwide background check.

(6) USTAR is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau.

(7) USTAR may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that: (a) determine how USTAR will assess the employment status of an individual upon receipt of background information; and (b) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).

(a) determine how USTAR will assess the employment status of an individual upon receipt of background information; and

(b) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).