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(v) 76-10-1301 to 1314, Prostitution; and (vi) 76-10-2301, Contributing to the Delinquency of a Minor and (m) any class A misdemeanor where the conviction occurred more than ten years ago and the offense would be an excludable offense listed in this section. (3) The Department will rely on the criminal background screening as conclusive evidence of the conviction and the Department may revoke or deny approval for a provider based on that evidence. (4) If a covered individual causes a provider to be disqualified as a provider based upon the criminal background screening and the covered individual disagrees with the information provided by BCI, the covered individual may challenge the information by contacting BCI directly. If the information causing the disqualification came from a Utah court, the covered individual must contact that court or seek an expungement as provided in Utah Code Ann. Sections 77-18-10 through 77-18-15. (5) All child care providers must report all felony and misdemeanor arrests, charges or convictions of covered individuals to DOH within 48 hours of the arrest, notice of the charge, or conviction. All child care providers must also report a person aged 12 or older moving into the home where child care is provided within ten calendar days of that person moving in. A release for a background check must also be provided for that person within the time requested by the Department or DOH. (6)(a) Pursuant to Utah Code Ann. Section 35A-3-310.5(5)(b), the Department's designee for considering and exempting individual cases is the Child Care Licensing Administrator within the Utah Department of Health. (b) The Department's designee may exempt a covered individual from being excluded from providing child care due to a criminal conviction if the Department's designee determines that the nature of the background check finding or relevant mitigating circumstances indicate the covered individual does not pose a risk to children. (c) Notwithstanding Subsection (b) above, the Department's designee shall not exempt a covered individual convicted of any of the following: (i) Any offense specifically not excluded under Subsection (2) above; (ii) Any "violent felony" as that term is used in Section 76-3-203.5(1)(c) of the Utah Code; (iii) Any felony against a child, including child pornography; (iv) Any felony involving abuse or neglect of a spouse, child, or vulnerable adult; (v) Any felony involving rape or sexual assault; (vi) Any felony involving kidnapping; (vii) Any felony involving arson; (viii) Any felony involving physical assault or battery; (ix) Any drug-related felony, unless the offense was a non-violent offense and occurred at least ten years prior to the date of the background check; or (x) Any violent misdemeanor committed as an adult against a child, including offenses involving child abuse, child endangerment, sexual assault, or child pornography. R986-700-755. Covered Individuals with Arrests or Pending Criminal Charges. If CCL determines there exists credible evidence that a covered individual has been arrested or charged with a felony or a misdemeanor that would not be excluded under R986-700-754, the Department will act to protect the health and safety of children in child care that the covered individual may have contact with. The Department may revoke or suspend approval of the provider if necessary to protect the health and safety of children in care. R986-700-756. Exclusion From Child Care Due to Finding of Abuse, Neglect, or Exploitation. (1) Pursuant to Utah Code Subsection 62A-4a-1005(2)(a)(v) CCL will screen all covered individuals, including children residing in a home where child care is provided, for a history of a supported finding of severe abuse, neglect, or exploitation from the licensing information system maintained by the Utah Department of Human Services (DHS) and the juvenile court records. The juvenile court records need only be accessed as provided in 35A-3-310.5(2)(c). (2) If a covered individual appears on the licensing information system, the threat to the safety and health of children will be assessed. The Department or CCL may revoke any existing approval and refuse to permit child care in the home until the Department or CCL is reasonably convinced that the covered individual no longer resides in the home. (3) If the Department or CCL denies or revokes approval of a child care subsidy based upon the licensing information system, the Department will send a written decision to the client. (4) If the DHS determines a covered individual has a supported finding of severe abuse, neglect or exploitation after the Department approves a child care subsidy, the covered individual has ten calendar days to notify CCL. Failure to notify CCL may result in the child care provider being liable for an overpayment for all subsidy amounts paid to the client between the finding and when it is reported or discovered. R986-700-770. Provider Grant Eligibility. To be eligible for a CCDF-funded OCC grant from the Department a provider must: (1) meet each CCDF requirement; (2) participate in CCQS, if applicable; (3)(a) have no outstanding overpayment pursuant to Section R986-700-731; or (b) have an established repayment plan or recoupment with the Department and be current in repayment pursuant to Section R986-700-731.1;