Fingerprint-based criminal history record check

(1) An applicant for a license pursuant to this article 247 shall submit to a fingerprint-based criminal history record check. The applicant must pay the costs associated with the fingerprint-based criminal history record check. (2) An applicant shall have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. (3) If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. An approved third party shall not keep the applicant's information for more than thirty days after the applicant's fingerprints are taken by the approved third party. (4) The Colorado bureau of investigation shall use the applicant's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, applicant, department, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check. (5) The Colorado bureau of investigation shall return the results of its criminal history record check to the department. The department shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified to hold a license pursuant to this article 247. (6) If the federal bureau of investigation is unable to complete a fingerprint-based criminal history record check of an applicant, the Colorado bureau of investigation shall inform the department, and the department may conduct a criminal history record check of the applicant using the Colorado bureau of investigation's records as a substitute for the fingerprint-based criminal history record check required in this article 247. (7) When the results of a criminal history record check of an applicant performed pursuant to this article 247 reveal a record of arrest without a disposition, the department shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).