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(e) The Review Committee will issue a recommendation to the Department of Workforce Services Director of Adjudication once the review process is complete. (6) The Director of Adjudication will make a final certified quality rating decision based upon the recommendation of the Review Committee. The Director of Adjudication decision is the final agency action pursuant to the Utah Administrative Procedures Act. R986-700-751. Background Checks. (1) Sections R986-700-751 through 756 apply to child care providers identified in Utah Code Section 35A-3-310.5(1) and license-exempt providers and other programs and grantees not subject to CCL requirements. (2) The following persons must submit to a background check: (a) The provider; (b) Each person age 12 years old or older who is living in the household where the child care is provided; and (c) Each person who is employed or volunteering at the facility where the child care is provided, if the person's activities involve care or supervision of children or unsupervised access to children. (3) If child care is provided in the child's home, a background check must be done on each person age 12 years old or older living in the child's home who is not on the client's child care case. (4) A client is not eligible for a subsidy if the client chooses a provider and any person described in Subsection (2) above has: (a) a supported finding of severe abuse or neglect by the Department of Human Services, a substantiated finding by a Juvenile court under Subsection 78-3a-320 or a criminal conviction related to neglect, physical abuse, or sexual abuse of any person; or (b) a conviction for an offense as identified in R986-700-754; or (c) an adjudication in juvenile court of an act which if committed by an adult would be an offense identified in R986-700- 754. R986-700-752. Definitions. Terms used in the section R986-700-751 through 756 are defined as followed: (1) "Convicted" includes a conviction by a jury or court, a guilty plea or a plea of no contest, an adjudication in juvenile court or an individual who is currently subjected to a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, or a plea in abeyance. (2) "Covered Individual" means: (a) each person providing child care; (b) all individuals 12 years old or older residing in a residence where child care is provided; (c) each person who is employed or volunteering at the facility where the child care is provided, if the person's activities involve care or supervision of children or unsupervised access to children. (3) "Supported" means a finding by the Utah Department of Human Services (DHS), at the completion of an investigation by DHS, that there is a reasonable basis to conclude that one or more of the following severe types of abuse or neglect has occurred: (a) if committed by a person 18 years of age or older; (i) severe or chronic physical abuse; (ii) sexual abuse; (iii) sexual exploitation; (iv) abandonment; (v) medical neglect resulting in death, disability, or serious illness; (vi) chronic or severe neglect; or (vii) chronic or severe emotional abuse (b) if committed by a person under the age of 18: (i) serious physical injury, as defined in Subsection 76-5-109(1)(f) to another child which indicates a significant risk to other children, or (ii) sexual behavior with or upon another child which indicates a significant risk to other children. R986-700-753. Criminal Background Checks. (1) The Department will contract with the CCL to perform a criminal background check, which includes a review of the Bureau of Criminal Identification, (BCI) database maintained by the Department of Public Safety pursuant to Part 2 of Chapter 10, Title 53; and if a fingerprint card, waiver and fee are submitted, CCL will submit the fingerprint card and fee to the Utah Department of Public Safety for submission to the FBI for a national criminal history record check. (2) Each client requesting approval of a covered child care provider must submit to CCL a form, which will include a certification, completed and signed by the child care provider as part of the DWS FFN approved provider process. Additional household members must give permission to run the background check. The provider shall pay all applicable background check fees. A fingerprint card and fee, prepared either by the local law enforcement agency or an agency approved by local law enforcement, shall also be submitted if required by Subsection (4) below. If the fingerprints are submitted electronically, they must be submitted in conformity with the CCL guidelines regarding electronic submissions. Fingerprints are not required to be submitted if: (a) The covered individual has previously submitted fingerprints to CCL for a Next Generation national criminal history record check;