41-3-205.5 - Licenses -- Criminal background check required on salesperson's licenses -- Payment of cost.
41-3-205.5. Licenses -- Criminal background check required on salesperson'slicenses -- Payment of cost.
(1) (a) Every applicant for a salesperson's license shall submit fingerprints with acompleted application to the division.
(b) A person required to renew a salesperson license on or before June 30, 2010 shallsubmit fingerprints to the division on or before November 30, 2010.
(2) The division shall submit fingerprints for each applicant described in Subsection (1)to the Bureau of Criminal Identification established in Section 53-10-201.
(3) The Bureau of Criminal Identification shall:
(a) check the information submitted by the division for an applicant under Subsection (2)against the applicable state and regional criminal records databases; and
(b) release to the division all information obtained under Subsection (3)(a) relating to theapplicant.
(4) (a) The Bureau of Criminal Identification shall maintain a separate file of fingerprintssubmitted under Subsection (2) and notify the division when a new entry is made in theapplicable state and regional database against a person whose fingerprints are held in the fileregarding any matter involving an arrest under state law involving:
(i) motor vehicles;
(ii) controlled substances;
(iii) fraud; or
(iv) a registerable sex offense under Section 77-27-21.5.
(b) Upon request by the division, the Bureau of Criminal Identification shall inform thedivision whether a person whose arrest was reported to the division under Subsection (4)(a) wassubsequently convicted of the charge for which the person was arrested.
(5) In addition to any fees imposed under this chapter, the division shall:
(a) impose on individuals submitting fingerprints in accordance with this section the feesthat the Bureau of Criminal Identification is authorized to collect for the services the Bureau ofCriminal Identification provides under Subsections (3) and (4); and
(b) remit the fees collected under Subsection (5)(a) to the Bureau of CriminalIdentification.
(6) The division shall use information received from the Bureau of CriminalIdentification under this section to determine whether a license should be denied, suspended, orrevoked under Section 41-3-209.
Enacted by Chapter 291, 2010 General Session