Utah Admin. Code R994-405-212 - Dishonesty or Other Disqualifying Crimes
(1) For the purposes of this subsection,
dishonesty generally means theft. Theft is defined as taking property without
the owner's consent. Theft also includes swindling, embezzlement and obtaining
possession of property by lawful means and thereafter converting it to the
taker's own use. Theft includes:
(a)
obtaining or exerting unauthorized control over property;
(b) obtaining control over property by threat
or deception;
(c) obtaining control
knowing the property was stolen; and,
(d) obtaining services from another by
deception, threat, coercion, stealth, mechanical tampering or by use of a false
token or device.
(2)
Felonies and Class A misdemeanors are also disqualifying even if they are not
theft-related such as assault, arson, or destruction of property. Whether the
crime is a felony or misdemeanor is determined by the court's verdict and not
by the penalty imposed.
(3) A
disqualification under this Subsection
35A-4-405(2)(b)
may be assessed against Utah claimants based upon equivalent convictions in
other states.
Notes
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