Background checks for employees

(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201. (2) Beginning July 1, 2018, the state auditor shall require employees involved in an audit, investigation, or review requiring access to information and records, the access to which requires a background check by federal statute or regulation, to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment. (3) Each individual in a position listed in Subsection (2) shall provide a completed fingerprint card to the state auditor upon request. (4) The state auditor shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the state auditor 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), the state auditor 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. (6) The state auditor 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) The state auditor may set office policy that: (a) determines how the state auditor will assess the employment status of an individual upon receipt of background information; and (b) identifies the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).