§ 26-21-202. Clearance required.

(1) A covered provider may engage a covered individual only if the individual has clearance.

(2) A covered contractor may supply a covered individual to a covered employer or covered provider only if the individual has clearance.

(3) A covered employer may engage a covered individual who does not have clearance.

(4)

(a) Notwithstanding Subsections (1) and (2), if a covered individual does not have clearance, a covered provider may engage the individual or a covered contractor may supply the individual to a covered provider or covered employer:

(i) under circumstances specified by department rule; and

(ii) only while an application for clearance for the individual is pending.

(b) For purposes of Subsection (4)(a), an application is pending if the following have been submitted to the department for the individual:

(i) an application for clearance;

(ii) the personal identification information specified by the department under Subsection 26-21-204(4)(b); and

(iii) any fees established by the department under Subsection 26-21-204(9).

Enacted by Chapter 328, 2012 General Session