32B-1-303 (Effective 07/01/11) - Qualifications related to employment with the department.
32B-1-303 (Effective 07/01/11). Qualifications related to employment with thedepartment.
(1) The department may not employ a person if that person has been convicted of:
(a) a felony under a federal law or state law;
(b) a violation of a federal law, state law, or local ordinance concerning the sale, offer forsale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholicproduct;
(c) a crime involving moral turpitude; or
(d) on two or more occasions within the five years before the day on which thedepartment employs the person, driving under the influence of alcohol, drugs, or the combinedinfluence of alcohol and drugs.
(2) The director may terminate a department employee or take other disciplinary actionconsistent with Title 67, Chapter 19, Utah State Personnel Management Act, if:
(a) after the day on which the department employs the department employee, thedepartment employee is found to have been convicted of an offense described in Subsection (1)before being employed by the department; or
(b) on or after the day on which the department employs the department employee, thedepartment employee:
(i) is convicted of an offense described in Subsection (1)(a), (b), or (c); or
(ii) (A) is convicted of driving under the influence of alcohol, drugs, or the combinedinfluence of alcohol and drugs; and
(B) was convicted of driving under the influence of alcohol, drugs, or the combinedinfluence of alcohol and drugs within five years before the day on which the person is convictedof the offense described in Subsection (2)(b)(ii)(A).
(3) The director may immediately suspend a department employee for the period duringwhich a criminal matter is being adjudicated if the department employee:
(a) is arrested on a charge for an offense described in Subsection (1)(a), (b), or (c); or
(b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,drugs, or the combined influence of alcohol and drugs; and
(ii) was convicted of driving under the influence of alcohol, drugs, or the combinedinfluence of alcohol and drugs within five years before the day on which the person is arrested ona charge described in Subsection (3)(b)(i).
Enacted by Chapter 276, 2010 General Session