Professional Engineers & Land Surveyors Licensing Act - Title 58 - Chapter 22.
MODEL RULES OF PROFESSIONAL CONDUCT
July 1990
Preamble
To comply with the purpose of the (identify state, registration statute) which
is to safeguard life, health, and property, to promote the public welfare, and
to maintain a high standard of integrity and practice, the (identify state board,
registration statute) has developed the following "Rules of Professional
Conduct." These rules shall be binding on every person holding a certificate of
registration to offer or perform engineering or land surveying services in this
state. All persons registered under (identify state registration statute) are
required to be familiar with the registration statute and these rules. The
"Rules of Professional Conduct" delineate specific obligations the registrant
must meet. In addition, each registrant is charged with the responsibility of
adhering to standards of highest ethical and moral conduct in all aspects of the
practice of professional engineering and land surveying.
The practice of professional engineering and land surveying is a privilege, as
opposed to a right. All registrants shall exercise their privilege of practicing
by performing services only in the areas of their competence according to current
standards of technical competence.
Registrants shall recognize their responsibility to the public and shall
represent themselves before the public only in an objective and truthful manner.
They shall avoid conflicts of interest and faithfully serve the legitimate
interests of their employers, clients, and customers within the limits defined
by these rules. Their professional reputation shall be built on the merit of
their services and they shall not compete unfairly with others.
The "Rules of Professional Conduct" as promulgated herein are enforced under the
powers and vested by (identify state enforcing agency). In these rules, the word
"registrant" shall mean any person holding i license or a certificate issued by
(identify state registration agency).
RULES OF PROFESSIONAL CONDUCT
I. REGISTRANT'S OBLIGATION TO SOCIETY
a. Registrants, in the performance of their services for clients, employers,
and customers, shall be cognizant that their first and foremost
responsibility is to the public welfare.
b. Registrants shall approve and seal only those design documents and surveys
that conform to accepted engineering and land surveying standards and
safeguard the life, health, property, and welfare of the public.
c. Registrants shall notify their employer or client and such other authority
as may be appropriate when their professional judgment is overruled under
circumstances where the life, health, property, or welfare of the public
is endangered.
d. Registrants shall be objective and truthful in professional reports,
statements, or testimony. They shall include all relevant and pertinent
information in such reports, statements, or testimony.
e. Registrants shall express a professional opinion publicly only when it is
founded upon an adequate knowledge of the facts and a competent evaluation
of the subject matter.
f. Registrants shall issue no statements, criticisms, or arguments on
technical matters which are inspired or paid for by interested parties,
unless they explicitly identify the interested parties on whose behalf
they are speaking, and reveal any interest they have in the matters.
g. Registrants shall not permit the use of their name or firm name by, nor
associate in the business ventures with,, any person or firm which is
engaging in fraudulent or dishonest business or professional practices.
h. Registrants having knowledge of possible violations of any of these "Rules
of Professional Conduct" shall provide the state board information and
assistance necessary to the final determination of such violation.
II. REGISTRANT'S OBLIGATION TO EMPLOYER AND CLIENTS
a. Registrants shall undertake assignments only when qualified by education
or experience in the specific technical fields of engineering or land
surveying involved.
b. Registrants shall not affix their signatures or seals to any plans or
documents dealing with subject matter in which they lack competence, nor
to any such plan or document not prepared under their direct control and
personal supervision.
c. Registrants may accept assignments for coordination of an entire project,
provided that each design segment is signed and sealed by the registrant
responsible for preparation of that design segment.
d. Registrants shall not reveal facts, data, or information obtained in a
professional capacity without the prior consent of the client or employer
except as authorized or required by law.
e. Registrants shall not solicit or accept financial or other valuable
consideration, directly or indirectly, from contractors, their agents, or
other parties in connection with work for employers or clients.
f. Registrants shall make full prior disclosures to their employers or
clients of potential conflicts of interest or other circumstances which
could influence or appear to influence their judgment or the quality of
their service.
g. Registrants shall not accept compensation, financial or otherwise, from
more than one party for services pertaining to the same project, unless
the circumstances are fully disclosed and agreed to by all interested
parties.
h. Registrants shall not solicit or accept a professional contract from a
governmental body on which a principal or officer of their organization
serves as a member. Conversely, registrants serving as members, advisors,
or employees of a governmental body or department, who are the principals
or employees of a private concern, shall not participate in decisions with
respect to professional services offered or provided by said concern to
the governmental body which they serve.
III. REGISTRANT'S OBLIGATION TO OTHER REGISTRANTS
a. Registrants shall not falsify or permit misrepresentation of their, or
their associates', academic or professional qualifications. They shall
not misrepresent or exaggerate their degree of responsibility in prior
assignments nor the complexity of said assignments. Presentations
incident to the solicitation of employment or business shall not
misrepresent pertinent facts concerning employers, employees, associates,
joint ventures or past accomplishments.
b. Registrants shall not offer, give, solicit, or receive, either directly or
indirectly, any commission or gift, or other valuable consideration in
order to secure work, and shall not make any political contribution with
the intent to: influence the award of a contract by public authority.
c. Registrants shall not attempt to injure, maliciously or falsely, directly
or indirectly, the professional reputation, prospects, practice or
employment of other registrants, nor indiscriminately criticize other
registrants' work.
Chapter 23
County Surveyor
Title 17, Chapter 23
Utah Code Annotated 1953
As Amended by
Session Laws of Utah 1994
CHAPTER 23
COUNTY SURVEYOR
Section
17-23-1. Duties of county surveyor - Election requirements - Contract
option.
17-23-2. Office supplies - Filing and indexing fees - Records remain
public property.
17-23-3. Seal.
17-23-4. Duty respecting maps filed for record.
17-23-5. To make maps for county or county officers.
17-23-6. Repealed.
17-23-7. Survey by direction of court - Compensation.
17-23-8 to 17-23-11. Repealed.
17-23-12. Additional powers.
17-23-13. Setting monuments.
17-23-14. Disturbed comers - County surveyor to be notified.
17-23-15. Removal, destruction, or defacement of monuments or comers as
misdemeanor - Costs.
17-23-16. Resurveys.
17-23-17. Map of boundary survey - Procedure for filing - Contents -
Marking of monuments - Record of comer changes.
17-23-18. Amendment of survey maps or narratives by affidavit of
corrections.
17-23-19. County permitted to establish Public Land Comer Preservation
Fund - Use of fund - Fee schedule for filing maps.
17-23-1. Duties of county surveyor - Election requirements - Contract
option.
(1) (a) The office of the county surveyor in each county shall be filled by
election and except as provided in Subsection (b), the county
surveyor shall be a registered professional land surveyor in the state.
(b) In a county where the office of county surveyor is consolidated with
another elected office, the officeholder need not be a registered
professional land surveyor, but all surveying work must be performed
by a registered professional land surveyor.
(c) In a county where there is no elected county surveyor, the county
executive may contract with a registered professional land surveyor
to perform those duties.
(2) The county surveyor shall execute:
(a) all orders directed to the surveyor by any court; and
(b) all orders of survey required by the county executive or county
legislative body.
(3) The surveyor of each county shall:
(a) advise the county executive and county legislative body regarding
all surveying work;
(b) perform or arrange for the performance of all surveying work for the
county;
(c) keep a fair and accurate record of all surveys made and all surveys
received pursuant to Section 17-23-17;
(d) number progressively all surveys received and state by whom and for
whom the surveys were made;
(e) deliver a copy of any survey to any person or court requiring the
survey after the payment of the fee established by the county
legislative body;
(f) ensure that all surveys of legal subdivisions of sections are made
according to the current United States Manual of Surveying
Instructions; and
(g) perform other duties required by law.
(4) (a) The county surveyor or his designee shall establish all comers of
government surveys and reestablish all comers of government surveys
where comers have been destroyed and where witness markers or other
evidences of the government comers remain so that the comers
established by government survey can be positively located.
(b) The corners shall be reestablished in the manner provided in Section
17-23-13 for establishing corners.
(c) The county surveyor shall keep a separate record of the established
and reestablished comers of government surveys, giving the date and
names of persons present and shall provide those records to his
successor when he vacates his office.
(d) Established or reestablished comers shall be recognized as the legal
and permanent comers.
(5) The county executive may direct the county surveyor or his staff to
perform engineering and architectural work if the county surveyor or
his staff is qualified and licensed to perform that work.
History: C. 1953, 17-23-1, enacted by L. 1987, ch. 29, 1; 1989, ch. 93, 1;
1990, ch.159, 1; 1993, ch. 227, 136.
Repeals and Reenactments. - Laws 1987, ch. 29, 1 repeals former 17-23-1,
as amended by L. 1961, ch. 33, 1, relating to the general duties and
powers of the county surveyor, and enacts the present section.
Amendment Notes. - The 1989 amendment, effective March 10, 1989, in
Subsection (1), rewrote the first sentence, which read "Any person elected
exclusively as the county surveyor shall be a registered professional land
surveyor in the state of Utah," and added the second sentence.
The 1990 amendment, effective April 23, 1990, subdivided Subsection (1),
inserted it except as provided in Subsection (b) " in Subsection (1) (a),
added Subsection (1)(b), and substituted "Section 17-23-13" for
"Subsection 17-23-13(l)" in Subsection (4)(b).
The 1993 amendment, effective May 3, 1993, substituted "county executive"
for "county governing body" in Subsection (1)(c), "county executive or
county legislative body" for ficounty governing body" in Subsection
(2)(b), "county executive and county legislative body" for "county
governing body" in Subsection (3)(a), "county legislative body" for
licounty governing body" in Subsection (3)(e), and "county executive" for
"county governing body" in Subsection (5).
Cross-References. - Assistants, salaries, 17-16-19.
Bond of surveyor, 17-16-11.
Boundaries in dispute, duties respecting, 17-1-33.
Certification of maps and plats, 57-5-1 et seq.
Fees of surveyor, 21-2-7.
Office to be kept at county seat, office hours, 17-16-9.
Salary, 17-16-14.
COLLATERAL REFERENCES
C.J.S. - 20 C.J.S. Counties 133.
Key Numbers. - Counties 88.
17-23-2. Office supplies - Filing and indexing fees - Records remain
public property.
(1) The county executive shall @sh an office, furniture, and all
stationery and record books necessary for the surveyor's office.
(2) The county legislative body, by ordinance or resolution, may
establish the fee to be collected by the county surveyor for filing
and indexing a map of a survey. Fees for filing of maps under
Section 17-23-17 shall be governed by Section 17-23-19.
(3) All records, maps, plats, profiles, calculations, and field notes of
all surveys made by the county surveyor in his official capacity
during his term of office, or by persons designated by him to do
survey work on behalf of the county, or maps of a survey filed under
Section 17-23-17, shall be the property of the county, open to the
inspection of any person free of charge, and shall be delivered by
the surveyor to his successor in office. In counties where there is
no elected county surveyor, the county legislative body may
designate another office within the county to act as a depository
for all documents filed in compliance with this section.
History: R.S. 1898 & C.L. 1907, 637; C.L. 1917, 1616; R.S. 1933 & C.
1943,19-20-2; L. 1987, ch. 29, 2; 1989, ch. 93, 2; 1993, ch. 227, 137.
Amendment Notes. - The 1987 amendment designated the former first sentence
of the section as present Subsection (1), substituting "The county
governing body" for "The board of county commissioners" in that
subsection, added present Subsection (2), designated the formerly
undesignated second paragraph as present Subsection (3), substituting "the
county surveyor" for "him" and inserting "or by persons designated by him
to do survey work on behalf of the county, or maps of a survey filed under
Section 17-23-17, " and made other minor changes.
The 1989 amendment, effective March 10, 1989, added the second sentence in
Subsection (2) and added the second sentence in Subsection (3). The 1993
amendment, effective May 3, 1993, substituted "county executive" for
"county governing body" in Subsection (1) and "county legislative body"
for "county governing body" in Subsections (2) and (3).
17-23-3. Seal.
The county surveyor shall have a seal, to be furnished by the county
legislative body, the impression of which shall contain the following
words: "State of Utah, County Surveyor, " together with the name of the
county in which the same is to be used.
History: Code Report; R.S. 1933 & C. 1943, 19-20-3; L. 1993, ch. 227, 138.
Amendment Notes. - The 1993 amendment, effective May 3, 1993, substituted
"county legislative body" for "board of county commissioners."
17-23-4. Duty respecting maps filed for record.
It shall be the duty of the county surveyor to copy or trace maps and
plats filed for record in the office of the county recorder when requested
by said recorder.
History: R.S. 1898 & C.L. 1907, 638; C.L. 1917, 1617; R.S. 1933 & C. 1943,
19-20-4; L. 1961, ch. 33, 2.
17-23-5. To make maps for county or county officers.
The county surveyor shall trace, blueprint, or otherwise make all maps
necessary for the county or any county officer, when so requested, and the
same shall be filed in his office, together with all data obtained by him
from other sources; provided, that in counties where the salary of the
county surveyor is not intended to cover the expenses of such work, the
county executive may enter into a contract or other arrangement with the
county surveyor, or another surveyor, or other person competent to make
maps and plats for such mapping and platting as is required by law.
History: R.S. 1898, 639; L. 1901, ch. 101, 1; C.L. 1907, 639; C.L. 1917,
1618; R.S. 1933 & C. 1943, 19-20-5; L. 1951, ch. 30, 1; 1961, ch. 33, 3;
1993, ch. 227, 139.
Amendment Notes. - The 1993 amendment, effective May 3, 1993, substituted
"county executive" for "board of county commissioners" and made a
stylistic change.
Cross-References. - Present-ownership maps, 17-21-21.
17-23-6. Repealed.
Repeals. - Section 17-23-6, Utah Code Annotated 1953, relating to survey
of lands divided by county lines and the extraterritorial authority of
county surveyors, was repealed by L. 1961, ch. 33, 9.
17-23-7. Survey by direction of court - Compensation.
When land, the title to which is in dispute before any court, is divided
by a county line, the court making an order of survey may direct the order
to the surveyor of any county in which any part of the land is situated.
The court order shall also provide for reasonable compensation for said
services.
History: R.S. i898 & C.L. 1907, 641; C.L. 1917, 1620; R.S. 1933 & C. 1943,
19-20-7; L. 1961, ch. 33, 4.
17-23-8 to 17-23-11. Repealed.
Repeals. - Laws 1987, ch. 29, 10 repeals 17-23-8 and 17-23-9, as amended
by L. 1961, ch. 33, 5 and 6, relating to the marking and tying of official
surveys and the reestablishment of lines and comers. For present
comparable provisions, see 17-23-13 and 17-23-14.
Laws 1987, ch. 29, 10 repeals 17-23-10, as amended by L. 1979, ch. 63, 1,
relating to surveys of county lines and roads, road districts, and
precinct and school district lines. For present comparable provisions,
see 17-23-1.
Laws 1987, ch. 29, 10 repeals 17-23-11, Utah Code Annotated 1953, relating
to other duties required of the county surveyor.
17-23-12. Additional powers.
The county surveyor may:
(1) administer oaths or affirmations necessary to legally establish
roads and other surveys; and
(2) take evidence from any person who may have information to prove any
point material to a survey or whenever necessary in the discharge of
his official duties.
History: C. 1953, 17-23-12, enacted by L. 1987, ch. 29, 3.
17-23-13. Setting monuments.
(1) (a) When establishing a section, quarter-section, or center comers, the
county surveyor or his designee shall set a monument of durable
quality.
(b) Wherever the nature of the ground will not allow the setting of a
monument at the exact corner as described, then a witness monument
shall be set.
(2) (a) Whenever possible, section corners and quarter-section comers shall
be witnessed by at least four references of durable quality.
(b) All references shall be carefully described, and their bearings and
distances noted in the report.
History: C. 1953, 17-23-13, enacted by L. 1987, ch. 29, 4.
17-23-14. Disturbed comers - County surveyor to be notified.
(1) Any person who finds it necessary to disturb any established comer
in the improvement of a road, or for any other cause, shall notify
the county surveyor.
(2) The county surveyor or his designee shall:
(a) lower and witness the comer or place another monument and witness
over the existing monument; and
(b) record the proceedings in the record of permanent surveys.
History: C. 1953, 17-23-14, enacted by L. 1987, ch. 29, 5.
17-23-15. Removal, destruction, or defacement of monuments or comers as
misdemeanor - Costs.
(1) No person shall willfully or negligently remove, destroy, or deface
any government survey monument, corner, or witness comer that is
recorded in the office of -the county surveyor.
(2) Any person who violates this section is guilty of a class C
misdemeanor and is additionally responsible for:
(a) the costs of any necessary legal action; and
(b) the costs of reestablishing the survey monument, comer, or witness
corner.
History: C. 1953, 17-23-15, enacted by L. 1987, ch. 29, 6.
Cross-References. - Sentencing for misdemeanors, 76-3-201, 76-3-204,
76-3-301.
17-23-16. Resurveys.
In the resurvey of lands surveyed under the authority of the United
States, the county surveyor or his designee shall observe the following
rules:
(1) Section and quarter-section comers, and all other comers established
by the goverm-nent survey, shall stand as the true comer.
(2) Missing corners shall be reestablished at the point where existing
evidence would indicate the original comer was located by the
government survey.
(3) In all cases, missing comers must be reestablished with reference to
the current United States Manual of Surveying Instructions.
History: C. 1953, 17-23-16, enacted by L. 1987, ch. 29, 7.
17-23-17. Map of boundary survey - Procedure for filing - Contents -
Marking of monuments - Record of comer changes.
(1) (a) Any registered professional land surveyor making a boundary survey
of lands within this state to establish or reestablish a boundary
line on the ground or to obtain data for constructing a map or plat
showing a boundary line shall file a map of the survey that meets
the requirements of this section with the county surveyor or
designated office within 90 days of the establishment or
reestablislunent of a boundary monument or boundary line.
(b) The county surveyor or designated office shall file and index the
map of the survey.
(c) The map shall be a public record in the office of the county
surveyor or designated office.
(2) This type of map shall show:
(a) the location of survey by quarter section and township and range;
(b) the date of survey;
(c) the scale of drawing and north point;
(d) the distance and course of all lines traced or established, giving
the basis of bearing and the distance and course to a section corner
or quarter comer, including township and range, or an identified
monument within a recorded subdivision;
(e) all measured bearings, angles, and distances separately indicated
from those of record;
(f) a written boundary description of property surveyed;
(g) all monuments set and their relation to older monuments found;
(h) a detailed description of monuments found and monuments set,
indicated separately;
(i) the surveyor's seal or stamp; and
(j) the surveyor's business name and address.
(3) (a) The map shall contain a written narrative that explains and
identifies:
(i) the purpose of the survey;
(ii) the basis on which the lines were established; and
(iii) the found monuments and deed elements that controlled the
established or reestablished lines.
(b) If the narrative is a separate document, it shall contain:
(i) the location of the survey by quarter section and by township
and range;
(ii) the date of the survey;
(iii) the surveyor's stamp or seal; and
(iv) the surveyor's business name and address.
(c) The map and narrative shall be referenced to each other if they are
separate documents.
(4) The map and narrative shall be created on material of a permanent
nature on stable base reproducible material in the sizes required by
the county surveyor.
(5) (a) Any monument set by a registered professional land surveyor to mark
or reference a point on a property or land line shall be durably and
visibly marked or tagged with the registered business name or the
letters "L. S. " followed by the registration number of the
surveyor in charge.
(b) If the monument is set by a registered land surveyor who is a public
officer, it shall be marked with the official title of the office.
(6) (a) If, in the performance of a survey, the surveyor finds or makes any
changes in the section comer or quarter-section comer, or their
accessories as they are described in an existing comer record or
survey map in the office of the county surveyor or designated
office, the surveyor shall complete and submit to the county
surveyor or designated office a record of the changes needed to be
made to any corner or accessories to the corner.
(b) The record shall be submitted within 45 days of the comer visits and
shall include the surveyor's seal, business name, and address.
(c) The Utah State Board of Engineers and Land Surveyors Examiners may
revoke the license of any registered professional land surveyor who
fails to comply with the requirements of this section, according to
the procedures set forth in Title 58, Chapter 1.
(7) Any federal or state agency, board, or commission, special district,
or municipal corporation that makes a survey of lands within this
state shall comply with this section.
History: C. 1953, 17-23-17, enacted by L. 1987, ch. 29, 8; 1989, ch. 93, 3.
Amendment Notes. - The 1989 amendment, effective March 10, 1989, rewrote
Subsection (1)(a), which read "Any registered professional land surveyor
making a survey of private lands within this state who establishes or
reestablishes any private property boundary monument shall file a map of
the survey that meets the requirements of this section with the county
surveyor within 90 days of the establishment or reestablishment of the
boundary monument"; inserted "or designated office" following licounty
surveyor" throughout the section; and inserted "registered land surveyor
who is a" before "public officer" in Subsection (5)(b).
17-23-18. Amendment of survey maps or narratives by affidavit of
corrections.
(1) Any survey map or narrative filed and recorded under the provisions
of this chapter may be amended by an affidavit of corrections:
(a) to show any courses or distances omitted from the map or narrative;
(b) to correct an error in the description of the real property shown on
the map or narrative; or
(c) to correct any other errors or omissions where the error or omission
is ascertainable from the data shown on the map or narrative as
recorded.
(2) (a) The affidavit of correction shall be prepared by the registered
professional land surveyor who filed the map or narrative.
(b) In the event of the death, disability, or retirement from practice
of the surveyor who filed the map or narrative, the county surveyor
or designated office may prepare the affidavit of correction.
(c) The affidavit shall set forth in detail the corrections made.
(d) The seal and signature of the registered professional land surveyor
filing the affidavit of correction shall be affixed to the
affidavit.
(3) The county surveyor or designated office having jurisdiction of the
map or narrative shall certify that the affidavit of correction has
been examined and that the changes shown on the map or narrative are
changes permitted under this section.
(4) Nothing in this section permits changes in courses or distances for
the purpose of redesigning parcel configurations.
History: C. 1953, 17-23-18, enacted by L. 1987, ch. 29, 9; 1989, ch. 93,
4.
Amendment Notes. - The 1989 amendment, effective March 10, 1989, inserted
"or designated office" following "county surveyor" in Subsections (2)(b)
and (3).
17-23-19. County permitted to establish Public Land Corner Preservation
Fund - Use of fund - Fee schedule for filing maps.
(1) The county legislative body may establish by ordinance a fund to be
known as the Public Land Comer Preservation Fund. Moneys generated
for the fund shall be used only to pay expenses incurred and
authorized by the county surveyor in the establishment,
reestablishment, and maintenance of comers of government surveys
pursuant to the powers and duties provided under Title 17, Chapter
23, and Title 57, Chapter 10.
(2) The county legislative body may by ordinance establish a fee
schedule for filing maps in the county surveyor's office of surveys
filed under Section 17-23-17, subdivisions, road dedication plats,
and other property plats. All moneys collected under this
subsection shall be deposited with the county treasurer to be
credited to the Public Land Corner Preservation Fund.
History: C. 1953, 17-23-19, enacted by L. 1989, ch. 93, 5; 1993, ch. 227,
140.
Amendment Notes. - The 1993 amendment, effective May 3, 1993, substituted
"county legislative body" for "county governing body" in Subsections (1)
and (2).
Effective Dates. - Laws 1989, ch. 93, 'U 6 makes the act effective on
March 10, 1989.
(c) 1953-1994 By The Michie Company, A Division of The Mead Corporation
Chapter 27
County Land Use Development
and Management Act
Title 17, Chapter 27
Utah Code Annotated 1953
As Amended by
Session Laws of Utah 1994
CHAPTER 27
COUNTY LAND USE DEVELOPMENT AND MANAGEMENT ACT
Revision of Chapter. - Laws 1991, ch. 235 revised this
chapter by repealing 17-27-1 to 17-27-16, 17-27-18, 17-27-19,
17-27-21 to 17-27-23, and 17-27-25 to 17-27-27, Utah Code
Annotated 1953, and as last amended or enacted by L. 1953, ch.
27, 1, 2; 1981, ch. 44, 6 to 11; 1983, ch. 37, 3, 4; 1983, ch.
67, 1; 1983, ch. 70, 1; 1983, ch. 244, 1; 1988, ch. 186' 1 to
4; 1990, ch. 183, 5, 6; 1990, ch. 309, 2, and enacting
17-27-101 through 17-27-1003, effective July 1, 1992.
Section 17-27-17, as last amended by L. 1953, ch. 27, 1,
relating to district planning commissions, was repealed by L.
1983, ch. 253, 1.
Section 17-27-20, Utah Code Annotated 1953, relating to
submission of plans to state planning commission, was repealed
by Laws 1983, ch. 253, 1.
Section 17-27-24 (L. 1941, ch. 23, 24; C. 1943, 19-24-24),
relating to the recording of zoning regulations and maps, was
repealed by Laws 1977, ch. 73, 1.
Part 1
General Provisions.
17-27-101. Short title.
17-27-102. Purpose.
17-27-103. Definitions - Notice.
17-27-104. Stricter requirements.
17-27-105. Property owned by other government units - Effect
of land use and development ordinances.
Part 2
Planning Commission.
17-27-201. Appointment, term, vacancy, and compensation.
17-27-202. organization and procedures.
17-27-203. Use of state data.
17-27-204. Powers and duties.
17-27-205. Entrance upon land.
Part 3
General Plan.
17-27-301. General plan.
17-27-302. Plan preparation.
17-27-303. Plan adoption.
17-27-304. Amendment of plan.
17-27-305. Effect of the plan on public uses.
17-27-306. Effect of official maps.
Part 4
Zoning Ordinance.
17-27-401. General powers.
17-27-402. Preparation and adoption.
17-27-403. Amendments and rezonings.
17-27-404. Temporary regulations.
17-27-405. Zoning districts.
17-27-406. Conditional uses.
17-27-407. Nonconforming uses and structures.
Part 5
Residential Facilities for Elderly.
17-27-501. Residential facilities for elderly persons.
17-27-502. County ordinances governing elderly residential
facilities.
17-27-503. County approval of elderly residential facilities.
17-27-504. Elderly residential facilities in areas zoned
exclusively for single-family dwellings.
Part 6
Residential Facilities for Handicapped.
17-27-601. Residential facility for handicapped persons.
17-27-602. County ordinances governing handicapped residential
facilities.
17-27-GO3. County approval of handicapped residential
facilities.
17-27-604. Handicapped residential facilities in areas zoned
exclusively for single-family dwellings.
Part 7
Board of Adjustment.
17-27-701. Board of adjustment - Appointment - Term - Vacancy.
17-27-702. Organization - Procedures.
17-27-703. Powers and duties.
17-27-704. Appeals.
17-27-705. Routine and uncontested matters.
17-27-706. Special exceptions.
17-27-707. variances.
17-27-708. District court review of board of adjustment
decision.
Part 8
Subdivisions.
17-27-801. Enactment of subdivision ordinance.
17-27-802. Preparation - Adoption.
17-27-803. Amendments to subdivision ordinance.
17-27-804. Plats required.
17-27-80S. Subdivision approval procedure.
17-27-806. Exemptions from plat requirement.
17-27-807. Dedication of streets.
17-27-808. Vacating or changing a subdivision plat.
17-27-809. Notice of hearing for plat change.
17-27-810. Grounds for vacating or changing a plat.
17-27-811. Penalties.
Part 9
Access to Solar Energy.
17-27-901. Restrictions for solar and other energy devices.
Part 10
Appeals and Enforcement.
17-27-1001. Appeals.
17-27-1002. Enforcement.
17-27-1003. Penalties.
PART 8
SUBDIVISIONS
17-27-801. Enactment of subdivision ordinance.
The legislative body of any county may enact a subdivision
ordinance requiring that a subdivision plat comply with the
provisions of the subdivision ordinance and be approved as
required by this part before:
(1) it may be filed or recorded in the county recorder's office; and
(2) lots may be sold.
History: C. 1953, 17-27-801, enacted by L. 1991, ch. 235, 94.
Effective Dates. - Laws 1991, ch. 235, 110 makes the act
effective on July 1, 1992.
COLLATERAL REFERENCES
Utah Law Review. - The Failure of Subdivision Control in the
Western United States: A Blueprint for Local Government
Action, 1988 Utah L. Rev. 569.
Preserving Utah's Open Spaces, 1973 Utah L. Rev. 164.
Am. Jur. 2d. - 23 Am. Jur. 2d Dedication 29 to 33.
C.J.S. - 26 C.J.S. Dedication 22.
A.L.R. - Broker's liability for fraud or misrepresentation
concerning development or nondevelopment of nearby property,
71 A.L.R.4th 511.
Key Numbers. Dedication 19(l).
17-27-802. Preparation - Adoption.
(1) The planning commission shall:
(a) prepare and recommend a proposed subdivision ordinance to
the legislative body that regulates the subdivision of
land in the county;
(b) hold a public hearing on the proposed subdivision
ordinance before making its final recommendation to the
legislative body; and
(c) provide reasonable notice of the public hearing at least
14 days before the date of the hearing.
(2) The legislative body shall:
(a) hold a public hearing on the proposed subdivision
ordinance recommended to it by the planning commission;
and
(b) provide reasonable notice of the public hearing at least
14 days before the date of the hearing.
(3) After the public hearing, the legislative body may:
(a) adopt the subdivision ordinance as proposed;
(b) amend the subdivision ordinance and adopt or reject it as
amended; or
(c) reject the ordinance.
History: C. 1953, 17-27-802, enacted by L. 1991, ch. 235, 95;
1992, ch. 23, 43.
Amendment Notes. - The 1992 amendment, effective July 1, 1992,
added Subsection (1)(c); deleted the designation (a) from the
introductory language in Subsection (2) and designated the
following paragraph accordingly; rewrote Subsection (2) (b)
which contained a provision for the publication of notice of
hearing in newspapers; and made related stylistic changes.
Effective Dates. - Laws 1991, ch. 235, 110 makes the act
effective on July 1, 1992.
Cross-References. - Reasonable notice, 17-27-103.
17-27-803. Amendments to subdivision ordinance.
(1) The legislative body may amend the provisions of the
subdivision ordinance if the proposed amendment was
proposed by or submitted to the planning commission for
its approval, disapproval, or suggestions.
(2) The legislative body and the planning commission shall
comply with the procedures contained in Section 17-27-802
in adopting an amendment to the subdivision ordinance.
History: C. 1953, 17-27-803, enacted by L. 1991, ch. 235, 96.
Effective Dates. - Laws 1991, ch. 235, 110 makes the act
effective on July 1, 1992.
17-27-804. Plats required.
(1) Unless exempt under Section 17-27-806, whenever any lands
are divided, the owner of those lands shall have an
accurate plat made of them that sets forth and describes:
(a) all the parcels of ground divided, by their boundaries
course, and extent, and whether they are intended for
streets or other public uses, together with any areas
that are reserved for public purposes; and
(b) all blocks and lots intended for sale, by numbers, and
their precise length and width.
(2) (a) The owner of the land shall acknowledge the plat before
an officer authorized by law to take the acknowledgement
of conveyances of real estate.
(b) The surveyor making the plat shall certify it.
(c) The county legislative body shall approve the plat as
provided in this part.
(3) After the plat has been acknowledged, certified, and
approved, the owner of the land shall file and record it
in the county recorder's office in the county in which
the lands platted and divided are situated.
History: C. 1953, 17-27-804, enacted by L. 1991, ch. 235, 97;
1994, ch. 17, 1.
Amendment Notes. - The 1994 amendment, effective May 2, 1994,
added "Unless exempt under Section 17-27-80611 to the
beginning of Subsection (1) ; substituted "divided" for "laid
out and platted" twice in Subsection (1) and for "laid out" in
Subsection (3) ; deleted "map or" before "plat" in Subsections
(1), (2)(a) to (c), and (3); inserted "county" in Subsection
(2)(c); and made stylistic changes.
Effective Dates. - Laws 1991, ch. 235, 110 makes the act
effective on July 1, 1992.
Cross-References. - Approval necessary to recording, 17-21-8.
Fee for recording, 21-2-3.
NOTES TO DECISIONS
Analysis
Approval of council.
Approval under council-mayor form of government.
Conditions for approval.
- Fees.
- Location of streets.
- Present use.
Approval of council.
Although the city engineer and the planning and zoning
commission approved a subdivision plat requiring a six-inch
water line to connect with the city water system, the city
council could refuse to approve the plat unless an eight-inch
water line was provided for. Wright Dev., Inc. v. City of
Wellsville, 608 P.2d 232 (Utah 1980). Approval under
council-mayor form of government. Under a council-mayor form
of government, approval of subdivision plat by mayor pursuant
to an ordinance adopted by city council providing for such
approval satisfies the approval requirements of this section.
Martindale v. Anderson, 581 P.2d 1022 (Utah 1978).
Conditions for approval.
- Fees.
Requiring subdivider to pay a water connection fee and a park
improvement fee as a condition to connection of the
subdivision to the city water main and as a condition to final
approval of the subdivider's plat would be valid if such fees
were reasonable. Banberry Dev. Corp. v. South Jordan City,
631 P.2d 899 (Utah 1981).
- Location of streets.
- Present use.
The court rejected as unsound the argument that streets could
not be located on the plat of a township unless the street was
already in use. Hall v. North Ogden City, 109 Utah 304, 166
P.2d 221, judgment set aside on other grounds on rehearing,
Hall v. North Ogden City, 109 Utah 325, 175 P.2d 703 (1946)
COLLATERAL REFERENCES
C.J.S. - 26 C.J.S. Dedication 22.
Key Numbers. - Dedication 19(2).
Dedication 19(4).
17-27-805. Subdivision approval procedure.
A person may not file or record a plat of a subdivision of
land in the county recorder's office unless a recommendation
has been received from the planning commission and:
(1) it has been approved by:
(a) the legislative body; or
(b) other officers that the legislative body designates in an
ordinance; and
(2) the approvals are entered in writing on the plat by the
chief executive officer or chairperson of the legislative
body or by the other officers designated in the
ordinance.
History: C. 1953, 17-27-805, enacted by L. 1991, ch. 235, 98;
1992, ch. 23, 44.
Amendment Notes. - The 1992 amendment, effective July 1, 1992,
substituted "A person may not file" for "No one may file" in
the introductory language and added "a recommendation has been
received from the planning commission and" to the end of the
opening paragraph.
Effective Dates. - Laws 1991, ch. 235, 110 makes the act
effective on July 1, 1992.
17-27-806. Exemptions from plat requirement.
In subdivisions of less than ten lots, land may be sold by
metes and bounds, without the necessity of recording a plat
if:
(1) a recommendation has been received from the planning
commission;
(2) the subdivision has been approved by:
(a) the legislative body; or
(b) other officers that the legislative body designates in an
ordinance;
(3) the subdivision is not traversed by the mapped lines of
a proposed street as shown in the general plan and does
not require the dedication of any land for street or
other public purposes; and
(4) if the subdivision is located in a zoned area, each lot in the
subdivision meets the frontage, width, and area requirements
of the zoning ordinance or has been granted a variance from
those requirements by the board of adjustment.
History: C. 1953, 17-27-806, enacted by L. 1991, ch. 235, 99;
1992, ch. 23, 45.
Amendment Notes. - The 1992 amendment, effective July 1, 1992,
rewrote Subsection (1) which formerly read: "the subdivision
layout has been approved in writing by the planning
commission"; added Subsection (2) ; and redesignated former
Subsections (2) and (3) as (3) and (4).
Effective Dates. - Laws 1991, ch. 235, 110 makes the act
effective on July 1, 1992.
17-27-807. Dedication of streets.
(1) Maps and plats, when made, acknowledged, filed, and
recorded according to the procedures specified in this
part, operate as a dedication of all streets and other
public places, and vest the fee of those parcels of land
in the county for the public for the uses named or
intended in those maps or plats.
(2) The dedication established by this section does not
impose liability upon the county for streets and other
public places that are dedicated in this manner but
unimproved.
History: C. 1953, 17-27-807, enacted by L. 1991, ch. 235, 100.
Effective Dates. - Laws 1991, ch. 235, 110 makes the act
effective on July 1, 1992.
NOTES TO DECISIONS
Analysis
Duty to complete improvements.
Effect of dedication.
- Fee title.
Location of streets.
- Present use.
Rights of owners of abutting land.
- Boundary by acquiescence.
- Damages.
Duty to complete improvements.
Former 57-5-4 created a duty on the part of a city to bring
about the completion of subdivision improvements where a
subdivision developer has contracted with the city to install
the improvements at his own expense, and the city has received
commitments from banks or mortgage companies to deposit funds
in escrow to pay for the improvements. Cox v. Utah Mtg. &
Loan Corp., 716 P.2d 783 (Utah 1986).
Effect of dedication.
- Fee title.
The Legislature did not regard the dedication to the public of
a street in a platted subdivision as the surrender of an
easement with retention of the fee to the corpus in the
abutting owner. White v. Salt Lake City, 121 Utah 134, 239
P.2d 210 (1952) (interpreting former 57-5-4 with 17-5-233 and
former 27-3-3).
A statutory dedication by the filing of plats of a subdivision
vests a fee title in the municipality or county to the streets
shown therein. Oregon Short Line R.R. v. Murray City, 2 Utah
2d 427, 277 P.2d 798 (1954).
Location of streets.
- Present use.
The court rejected as unsound the argument that streets could
not be located on the plat of a township unless the street was
already in use. Hall v. North Ogden City, 109 Utah 304, 166
P.2d 221, judgment set aside on other grounds on rehearing,
Hall v. North Ogden City, 109 Utah 325, 175 P.2d 703 (1946)
Rights of owners of abutting land.
- Boundary by acquiescence.
Where county owned street separating property owned by two
parties, the doctrine of boundary by acquiescence could not
apply since the requirement that the parties be "adjoining"
landowners was not met. Condas v. Willesen, 674 P.2d 115
(Utah 1983).
- Damages.
The owner of abutting land is not entitled to damages for the
laying of a city water main in a street in a platted
subdivision where the permission of the commissioners of the
county in which the street is situated has been obtained.
White v. Salt Lake City, 121 Utah 134, 239 P.2d 210 (1952).
COLLATERAL REFERENCES
C.J.S. - 26 C.J.S. Dedication 22.
Key Numbers. - Dedication 19(i).
Dedication 19(2).
17-27-808. Vacating or changing a subdivision plat.
(1) (a) The county legislative body may, with or without a
petition, consider any proposed vacation, alteration, or
amendment of a subdivision plat, any portion of a
subdivision plat, or any street, lot, or alley contained
in a subdivision plat at a public hearing.
(b) If a petition is filed, the county legislative body shall
hold the public hearing within 45 days after it is filed.
(2) Any fee owner, as shown on the last county assessment
rolls, of land within the subdivision that has been laid
out and platted as provided in this part may, in writing,
petition the legislative body to have the plat, any
portion of it, or any street or lot contained in it,
vacated, altered, or amended as provided in this section.
(3) A petition to vacate, alter, or amend an entire plat, a
portion of a plat, or a street or lot contained in a plat
shall include:
(a) the name and address of all owners of record of the land
contained in the entire plat;
(b) the name and address of all owners of record of land
adjacent to any street that is proposed to be vacated,
altered, or amended; and
(c) the signature of each of these owners who consents to the
petition.
(4) (a) Petitions that lack the consent of all owners referred to
in Subsection (3) may not be scheduled for consideration
at a public hearing before the legislative body until the
notice required by this part is given.
(b) The petitioner shall pay the cost of the notice.
(5) when the legislative body proposes to vacate, alter, or
amend a subdivision plat, or any street or lot contained
in a subdivision plat, they shall consider the issue at
a public hearing after giving the notice required by this
part.
History: C. 1953, 17-27-808, enacted by L. 1991, ch. 235, 101.
Effective Dates. - Laws 1991, ch. 235, 110 makes the act
effective on July 1, 1992.
COLLATERAL REFERENCES
Utah Law Review. - The Failure of Subdivision Control in the
Western United States: A Blueprint for Local Government
Action, 1988 Utah L. Rev. 569.
NOTES TO DECISIONS
Statutory history.
The origin of this section in the Laws of 1894 and its later
status are given in Hall v. North Ogden City, 109 Utah 304,
166 P.2d 221.
C.J.S. - 26 C.J.S. Dedication 60.
Key Numbers. - Dedication 29.
17-27-809. Notice of hearing for plat change.
(1) The legislative body shall give notice of the date,
place, and time of a hearing before them to consider a
vacation, alteration, or amendment without a petition or
to consider any petition that does not include the
consent of all land owners as required by Section
17-27-808 by mailing the notice of hearing to all owners
referred to in Section 17-27-808, addressed to their
mailing addresses appearing on the rolls of the county
assessor of the county in which the land is located.
(2) If the proposed change involves the vacation, alteration,
or amendment of a street, the legislative body shall give
notice of the date, place, and time of the hearing by:
(a) mailing notice as required in Subsection (1); and
(b) either:
(i) publishing the notice once a week for four
consecutive weeks before the hearing in a
newspaper of general circulation in the county
in which the land subject to the petition is
located; or
(ii) if there is no newspaper of general
circulation in the county, post the notice for
four consecutive weeks before the hearing in
three public places in that county.
History: C. 1953, 17-27-809, enacted by L. 1991, ch. 235, 102.
Effective Dates. - Laws 1991, ch. 23S, 110 makes the act
effective on July 1, 1992.
17-27-810. Grounds for vacating or changing a plat.
(1) (a) Within 30 days after the public hearing required by this
part, the legislative body shall consider the petition.
(b) If the legislative body is satisfied that neither the
public nor any person will be materially injured by the
proposed vacation, alteration, or amendment, and that
there is good cause for the vacation, alteration, or
amendment, the legislative body, by ordinance, may
vacate, alter, or amend the plat, any portion of the
plat, or any street or lot.
(c) The legislative body shall ensure that the vacation,
alteration, or amendment is recorded in the office of the
county recorder in which the land is located.
(2) An aggrieved party may appeal the legislative body's
decision to district court as provided in Section
17-27-1001.
History: C. 1953, 17-27-810, enacted by L. 1991, ch. 235, 103.
Effective Dates. - Laws 1991, ch. 235, 110 makes the act
effective on July 1, 1992.
NOTES TO DECISIONS
Civil liability.
The purpose of former 57-5-5 and 17-27-21 is to impose a duty
running to the sovereign, and a violation thereof does not
necessarily give rise to civil liability. Ellis v. Hale, 13
Utah 2d 279, 373 P.2d 382 (1962).
COLLATERAL REFERENCES
C.J.S. - 26 C.J.S. Dedication 23.
Key Numbers. - Dedication 19(5).
17-27-811. Penalties.
(1) (a) Any county recorder who files or records a plat of a
subdivision without the approvals required by this part
is guilty of a misdemeanor.
(b) Any plat of a subdivision filed or recorded without the
approvals required by this part is void.
(2) (a) Any owner or agent of the owner of any land located in a
subdivision as defined in this part who transfers or
sells any land in that subdivision before a plan or plat
of the subdivision has been approved and recorded as
required in this part is guilty of a violation of this
part for each lot or parcel transferred or sold.
(b) The description by metes and bounds in the instrument of
transfer or other documents used in the process of
selling or transferring does not exempt the transaction
from a violation or from the penalties or remedies
provided in this part.
History: C. 1953, 17-27-811, enactedbyl. 1991, ch. 235, 104.
Effective Dates. - Laws 1991, ch. 235, 110 makes the act
effective on July 1, 1992.
Chapter 10
Utah Coordinate System
Title 57, Chapter 10
Utah Code Annotated 1953
As Amended by
Session Laws of Utah 1994
CHAPTER 10
UTAH COORDINATE SYSTEM
Section
57-10-1. Plane coordinate systems designated - Zones within
the systems by county.
57-10-2. Zones must be named in maps and documents.
57-10-3. North to South and East to West coordinate values.
57-10-4. Legal effect of descriptions using coordinate
values.
57-10-5. Descriptions of tracts extending over more than one
zone.
57-10-6. Utah Coordinate Systems of 1927 and 1983 defined.
57-10-7. Coordinates required to be based on control
stations.
57-10-8. Use of terms on maps and documents.
57-10-9. Use of coordinate system optional.
57-10-10. Feet to meters conversion specified.
57-10-11. 1983 system to be used after certain dates.
57-10-1. Plane coordinate systems designated - Zones within
the systems by county.
(1) The systems of plane coordinates that have been
established by the National Ocean Service/National
Geodetic Survey (formerly the United States Coast and
Geodetic Survey) or its successors for defining
and stating the geographic positions or locations of
points on the surface of the earth within the state of
Utah are known and designated as the Utah Coordinate
System of 1927 and the Utah Coordinate System of 1983.
(2) For the purpose of the use of these systems, the state is
divided into three zones: North, Central, and South
Zones.
(a) The area now included in the following counties
constitutes the North Zone: Box Elder, Cache, Daggett,
Davis, Morgan, Rich, Summit, and Weber.
(b) The area now included in the following counties
constitutes the Central Zone: Carbon, Duchesne, Emery,
Grand, Juab, Millard, Salt Lake, Sanpete, Sevier, Tooele,
Uintah, Utah, and Wasatch.
(c) The area now included in the following counties
constitutes the South Zone: Beaver, Garfield, Iron, Kane,
Piute, San Juan, Washington, and Wayne.
History: C. 1953, 57-10-1, enacted by L. 1988, ch. 60, 'U 1.
Repeals and Reenactments. - Laws 1988, ch. 60, 1 to 9 repeal
former 57-10-1 to 57-10-9, as enacted by Laws 1967, ch. 188,
1 to 9, relating to the Utah coordinate system, and enact
present 57-10-1 to 57-10-9, effective May 1, 1988.
COLLATERAL REFERENCES
Am. Jur. 2d. - 12 Am. Jur. 2d Boundaries 47 et seq.
C. J. S. - 1 1 C. J. S. Boundaries 1 et seq.
Key Numbers. - Boundaries I et seq.
57-10-2. Zones must be named in maps and documents.
(1) As established for use in the North Zone, the Utah
Coordinate System of 1927 or the Utah Coordinate System
of 1983 shall be named and designated as the "Utah
Coordinate System 1927 North Zone" or "Utah Coordinate
System 1983 North Zone" in any land description or on any
map or document in which it is used.
(2) As established for use in the Central Zone, the Utah
Coordinate System of 1927 or the Utah Coordinate System
of 1983 shall be named and designated as the "Utah
Coordinate System 1927 Central Zone" or "Utah Coordinate
System 1983 Central Zone" in any land description or on
any map or document in which it is used.
(3) As established for use in the South Zone, the Utah
Coordinate System of 1927 or the Utah Coordinate System
of 1983 shall be named and designated as the "Utah
Coordinate System 1927 South Zone" or "Utah Coordinate
System 1983 South Zone" in any land description or on any
map or document in which it is used.
History: C. 1953, 57-10-2, enacted by L. 1988, ch. 60, 2.
57-10-3. North to South and East to West coordinate values.
The plane coordinate values for a point on the earth's surface
used to express the geographic position or location or point
in the appropriate zone of this system shall consist of two
distances expressed in U.S. survey feet and decimals of a foot
when using the Utah Coordinate System of 1927 and expressed in
meters and decimals of a meter when using the Utah Coordinate
System of 1983.
(1) One of these distances, known as the "x-coordinate" or
"E-coordinate, " shall give the position in an east-west
direction; the other, known as the "y-coordinate" or
"N-coordinate, " shall give the position in a north-south
direction.
(2) These coordinates shall be made to depend upon and
conform to plane rectangular coordinate values computed
on the systems defined in this chapter for the monumented
points of the North American Horizontal Geodetic Control
Network, as published by the National Ocean
Service/National Geodetic Survey (formerly the United
States Coast and Geodetic Survey) or its successors.
(3) Any such station may be used for establishing a survey
connection to either Utah coordinate system.
History: C. 1953, 57-10-3, enacted by L. 1988, ch. 60, 3.
57-10-4. Legal effect of descriptions using coordinate values.
(1) A description of the location of any survey station or
land boundary comer in the state is complete, legal, and
satisfactory if it is expressed by use of the system of
plane coordinates defined in this chapter.
(2) For purposes of sale or title transfer, no real property
may be described solely by reference to coordinate values
from the Utah coordinate system or any other coordinate
system.
(3) When coordinates based on the Utah coordinate system are
used in the description of any tract of land, they are
supplemental to the basic description relating to
existing recognized monuments and land lines of record.
(4) The description by reference to the subdivision, line, or
corner of the United States public land surveys prevails
over the description by coordinates, if there is any
conflict between the descriptions.
History: C. 1953, 57-10-4, enacted by L. 1988, ch. 60, 4.
57-10-5. Descriptions of tracts extending over more than one
zone.
(1) When any tract of land that is to be defined by a single
land description extends from one into another of the
coordinate zones, the positions of all points on its
boundaries may be referred to by either of the two zones.
(2) The zone that is used shall be identified specifically in
the land description.
History: C. 1953, 57-10-5, enacted by L. 1988, ch. 60, 5.
57-10-6. Utah Coordinate Systems of 1927 and 1983 defined.
(1) For purposes of more precisely defining the Utah
Coordinate System of 1927, the following definition by
the United States Coast and Geodetic Survey (not National
Ocean Service/National Geodetic Survey) is adopted:
(a) (i) The "Utah Coordinate System of 1927 North
Zone" is a Lambert Conformal Conic Projection
of the Clarke Spheroid of 1866 having standard
parallels at north latitudes 41 degrees 47
minutes and 40 degrees 43 minutes, along which
parallels the scale shall be exact.
(ii) The origin of coordinates is at the
intersection of the meridian 111 degrees 30
minutes west of Greenwich and the parallel 40
degrees 20 minutes north latitude.
(iii) This origin is given the coordinates: x =
2,000,000 feet and y = 0 feet.
(b) (i) The "Utah Coordinate System of 1927 Central
Zone" is a Lambert Conformal Conic Projection
of the Clarke Spheroid of 1866 having standard
parallels at north latitudes 40 degrees 39
minutes and 39 degrees 01 minutes, along which
parallels the scale shall be exact.
(ii) The origin of coordinates is at the
intersection of the meridian 111 degrees 30
minutes west of Greenwich and the parallel 38
degrees 20 minutes north latitude.
(iii) This origin is given the coordinates: x =
2,000,000 feet and y = 0 feet.
(c) (i) The "Utah Coordinate System of 1927 South
Zone" is a Lambert Conformal Conic Projection
of the Clarke Spheroid of 1866 having standard
parallels at north latitudes 38 degrees 21
minutes and 37 degrees 13 minutes, along which
parallels the scale shall be exact.
(ii) The origin of coordinates is at the
intersection of the meridian 111 degrees 30
minutes west of Greenwich and the parallel 36
degrees 40 minutes north latitude.
(iii) This origin is given the coordinates: x =
2,000,000 feet and y = 0 feet.
(2) For purposes of more precisely defining the Utah
Coordinate System of 1983, the following definition by
the National Ocean Service/National Geodetic Survey is
adopted:
(a) (i) The "Utah Coordinate System of 1983 North
Zone" is a Lambert Conformal Conic Projection
of the North American Datum of 1983 having
standard parallels at north latitudes 41
degrees 47 minutes and 40 degrees 43 minutes,
along which parallels the scale shall be
exact.
(ii) The origin of coordinates is at the
intersection of the meridian 111 degrees 30
minutes west of Greenwich and the parallel 40
degrees 20 minutes north latitude.
(iii) This origin is given the coordinates: x or E =
500,000 meters and y or N = 1,000,000
meters.
(b) (i) The "Utah Coordinate System of 1983 Central
Zone" is a Lambert Conformal Conic Projection
of the North American Datum of 1983 having
standard parallels at north latitudes 40
degrees 39 minutes and 39 degrees 01 minutes,
along which parallels the scale shall be
exact.
(ii) The origin of coordinates is at the
intersection of the meridian 111 degrees
30 minutes west Greenwich and the parallel 38
degrees 20 minutes north latitude.
(iii) This origin is given the coordinates: x or E =
500,000 meters and y or N = 2,000,000 meters.
(c) (i) The "Utah Coordinate System of 1983 South
Zone" is a Lambert Conformal Conic Projection
of the North American Datum of 1983 having
standard parallels at north latitudes 38
degrees 21 minutes and 37 degrees 13 minutes,
along which parallels the scale shall be
exact.
(ii) The origin of coordinates is at the
intersection of the meridian 111 degrees
30 minutes west of Greenwich and the parallel
36 degrees 40 minutes north latitude.
(iii) This origin is given the coordinates: x or E =
500,000 meters and y or N = 3,000,000 meters.
History: C. 1953, 57-10-6, enacted by L. 1988, ch. 60, 6.
57-10-7. Coordinates required to be based on control
stations.
(1) Coordinates based on either the Utah Coordinate System of
1927 or the Utah Coordinate System of 1983 that purport
to define the position of a point on a land boundary
shall be based on a monumented horizontal control station
established in conformity with the standards of accuracy
and specifications for first or second order geodetic
surveying, as prepared and published by the Federal
Geodetic Control Committee (FGCC) of the United States
Department of Commerce.
(a) Standards and specifications of the FGCC or its successor
in force on the date of the survey shall apply.
(b) Publishing existing control stations, or the acceptance
with intent to publish the newly established stations, by
the National Ocean Service/National Geodetic Survey
constitutes evidence of adherence to the FGCC
specifications.
(2) Control stations which have been established by agencies
of the state or its political subdivisions may also be
used, provided those points are established in conformity
with the standards set forth in Section 57-10-6.
History: C. 1953, 57-10-7, enacted by L. 1988, ch. 60, 7;
1990, ch. 167, 1.
Amendment Notes. - The 1990 amendment, effective April 23,
1990, in Subsection (1) substituted "the Utah Coordinate
System of 1927 or the Utah Coordinate System of 1983" for
"Utah Coordinate System" and "shall be" for "may not be
reported in any public land records or deed records, unless
the coordinates are.
57-10-8. Use of terms on maps and documents.
(1) The use of the term "Utah Coordinate System of 1927
(North, Central, South) Zone" on any map, report of
survey, or other document is limited to coordinates based
on the Utah coordinate system as defined in this chapter.
(2) Anyone using a coordinate system similar to the Utah
coordinate system, such as one where a modified elevation
datum is used, shall clearly include "modified" in the
title of the coordinate system.
(3) Any survey or map based on any such modified coordinate
system shall show the title of the coordinate system,
including "modified" in the title and show the
appropriate combined adjustment factor relating the
system to the Utah coordinate system.
History: C. 1953, 57-10-8, enacted by L. 1988, ch. 60, 8.
57-10-9. Use of coordinate system optional.
The use of the Utah coordinate system by any person,
corporation, or governmental agency engaged in land surveying
or mapping is optional.
History: C. 1953, 57-10-9, enacted by L. 1988, ch. 60, 9.
57-10-10. Feet to meters conversion specified.
For purposes of this chapter, the International Foot shall be
adopted for feet to meters conversions. Specifically, one
inch equals 2.54 centimeters.
History: C. 1953, 57-10-10, enacted by L. 1988, ch. 60, 10.
57-10-11. 1983 system to be used after certain dates.
After May 1, 1988, persons establishing a new coordinate
network utilizing the Utah coordinate system may use only the
Utah Coordinate System of 1983. After January 1, 1997,
persons using a Utah coordinate system may use only the Utah
Coordinate System of 1983.
History: C. 1953, 57-10-11, enacted by L. 1988, ch. 60, 11.
(c) 1953-1994 By The Michie Company, A Division of The Mead
Corporation
Chapter 8
Condominium Ownership Act
Title 57, Chapter 8
Utah Code Annotated 1953
As Amended by
Session Laws of Utah 1994
CHAPTER 8
CONDOMINIUM OWNERSHIP ACT
Section
57-8-1. Short title.
57-8-2. Applicability of chapter.
57-8-3. Definitions.
57-8-4. Status of the units.
57-8-5. Recognized tenancy relationships.
57-8-6. Ownership and possession rights.
57-8-7. Common areas and facilities.
57-8-8. Compliance with covenants, bylaws and/or house
rules and administrative provisions.
57-8-9. Certain work prohibited.
57-8-10. Contents of declaration.
57-8-11. Contents of deeds of units.
57-8-12. Recording.
57-8-13. Record of survey map to be recorded.
57-8-13.2. Conversion of convertible land - Amendment to
declaration - Limitations.
57-8-13.4. Conversion of convertible space - Amendment to
declaration - Limitations.
57-8-13.6. Expansion of project.
57-8-13.8. Contraction of project.
57-8-13.10. Condominiums containing convertible land -
Expandable condominiums Allocation of interests in
common areas and facilities.
57-8-13.12. Land to be withdrawn or added to project -
Applicability of restrictions.
57-8-13.14. Easement rights - Sales offices and model units -
Damage to property.
57-8-14. Legal description of units.
57-8-15. Bylaws.
57-8-16. Contents of bylaws.
57-8-16.5. Appointment and removal of committee members and
association officers Renewal or ratification of
contracts - Failure to establish association or
committee.
57-8-17. Records of receipts and expenditures - Availability
for examination.
57-8-18. Blanket mortgages and other blanket liens affecting
unit at time of first conveyance.
57-8-19. Liens against units - Removal from lien - Effect of
party payment.
57-8-20. Lien for nonpayment of common expenses.
57-8-21. Acquisition through tax deed or foreclosure of
liens.
57-8-22. Removal of property from statutory provisions.
57-8-23. Removal no bar to subsequent resubmission.
57-8-24. Common profits, common expenses, and voting rights.
57-8-25. Joint and several liability of grantor and grantee
for unpaid common expenses.
57-8-26. Waiver of use of common areas and facilities -
Abandonment of unit.
57-8-27. Separate taxation.
57-8-28. Exemption from rules of property.
57-8-29. Insurance.
57-8-30. Application of insurance proceeds to
reconstruction.
57-8-31. Disposition of property where insurance proceeds
are insufficient for reconstruction.
57-8-32. Sale of property.
57-8-32.5. Property taken by eminent domain - Allocation of
award - Reallocation of interests.
57-8-33. Actions.
57-8-34. Persons subject to provisions and agreements.
57-8-35. Effect of other laws - Compliance with ordinances
and codes - Approval of projects by municipality or
county.
57-8-36. Existing projects - Effect of statutory amendments.
57-8-1. Short title.
This act shall be known and may be cited as the
"Condominium Ownership Act.
History: L. 1963, ch. 111, 1.
Meaning of "this act". - The term "[t]his act" literally means
L. 1963, ch. 111, 1 through 35, which enacted 57-8-1 through
57-8-13, 57-8-14 through 57-8-16, 57-8-17 through 57-8-32, and
57-8-33 through 57-8-35. Given the manner in which the term
"this act," and the term "Condominium Ownership Act," are used
in various provisions in this chapter, it seems that both of
these terms are meant to refer to 57-8-1 through 57-8-36.
NOTES TO DECISIONS
Cited in Saunders v. Sharp, 840 P.2d 796 (Utah Ct. App.
1992).
COLLATERAL REFERENCES
Am. Jur. 2d. - 15A Am. Jur. 2d Condominiums and Co-Operative
Apartments 1 et seq.
C.J.S. - 31 C.J.S. Estates 145 et seq.
A.L.R. - Condominium association's liability to unit owner for
injuries caused by third person's criminal conduct, 59
A.L.R.4th 489.
Key Numbers. - Condominiums 1-17.
57-8-2. Applicability of chapter.
This act shall be applicable only to property which the sole
owner or all the owners submit to the provisions of the act by
duly executing and recording a declaration as provided in the
act.
History: L. 1963, ch. 111, 2.
Meaning of "this act". - See note under same catchline
following 57-8-1.
57-8-3. Definitions.
As used in this chapter:
(1) "Association of unit owners" means all of the unit owners
acting as a group in accordance with the declaration and
bylaws.
(2) "Building" means a building, containing units, and
comprising a part of the property.
(3) "Common areas and facilities" unless otherwise provided
in the declaration or lawful amendments to the
declaration means:
(a) the land included within the condominium project, whether
leasehold or in fee simple;
(b) the foundations, columns, girders, beams, supports, main
walls, roofs, halls, corridors, lobbies, stairs,
stairways, fire escapes, entrances, and exits of the
building;
(c) the basements, yards, gardens, parking areas, and storage
spaces;
(d) the premises for lodging of janitors or persons in charge
of the property;
(e) installations of central services such as power, light,
gas, hot and cold water, heating, refrigeration, air
conditioning, and incinerating;
(f) the elevators, tanks, pumps, motors, fans, compressors,
ducts, and in general all apparatus and installations
existing for common use;
(g) such community and commercial facilities as may be
provided for in the declaration; and
(h) all other parts of the property necessary or convenient
to its existence, maintenance, and safety, or normally in
common use.
(4) "Common expenses" means:
(a) all sums lawfully assessed against the unit owners;
(b) expenses of administration, maintenance, repair, or
replacement of the common areas and facilities;
(c) expenses agreed upon as common expenses by the
association of unit owners; and
(d) expenses declared common expenses by this chapter, or by
the declaration or the bylaws.
(5) "Common profits," unless otherwise provided in the
declaration or lawful amendments to the declaration,
means the balance of all income, rents, profits, and
revenues from the common areas and facilities remaining
after the deduction of the common expenses.
(6) "Condominium" means the ownership of a single unit in a
multi-unit project together with an undivided interest in
common in the common areas and facilities of the
property.
(7) "Condominium project" means a real estate condominium
project; a plan or project whereby two or more units,
whether contained in existing or proposed apartments,
commercial or industrial buildings or structures, or
otherwise, are separately offered or proposed to be
offered for sale. Condominium project also means the
property when the context so requires.
(8) "Condominium unit" means a unit together with the
undivided interest in the common areas and facilities
appertaining to that unit. Any reference in this chapter
to a condominium unit includes both a physical unit
together with its appurtenant undivided interest in the
common areas and facilities and a time period unit
together with its appurtenant undivided interest, unless
the reference is specifically limited to a time period
unit.
(9) "Contractible condominium" means a condominium project
from which one or more portions of the land within the
project may be withdrawn in accordance with provisions of
the declaration and of this chapter. If the withdrawal
can occur only by the expiration or termination of one or
more leases, then the condominium project is not a
contractible condominium within the meaning of this
chapter.
(10) "Convertible land" means a building site which is a
portion of the common areas and facilities, described by
metes and bounds, within which additional units or
limited common areas and facilities may be created in
accordance with this chapter.
(11) "Convertible space" means a portion of the structure
within the condominium project, which portion may be
converted into one or more units or common areas and
facilities, including, but not limited to, limited common
areas and facilities in accordance with this chapter.
(12) "Declarant" means all persons who execute the declaration
or on whose behalf the declaration is executed. From the
time of the recordation of any amendment to the
declaration expanding an expandable condominium, all
persons who execute that amendment or on whose behalf
that amendment is executed shall also come within this
definition. Any successors of the persons referred to in
this subsection who come to stand in the same relation to
the condominium project as their predecessors also come
within this definition.
(13) "Declaration" means the instrument by which the property
is submitted to the provisions of this act, as it from
time to time may be lawfully amended.
(14) "Expandable condominium" means a condominium project to
which additional land or an interest in it may be added
in accordance with the declaration and this chapter.
(15) "Leasehold condominium" means a condominium project in
all or any portion of which each unit owner owns an
estate for years in his unit, or in the land upon which
that unit is situated, or both, with all those leasehold
interests to expire naturally at the same time. A
condominium project including leased land, or an interest
in the land, upon which no units are situated or to be
situated is not a leasehold condominium within the
meaning of this chapter.
(16) "Limited common areas and facilities" means those common
areas and facilities designated in the declaration as
reserved for use of a certain unit or units to the
exclusion of the other units.
(17) "Majority" or "majority of the unit owners," unless
otherwise provided in the declaration or lawful
amendments to the declaration, means the owners of more
than 50% in the aggregate in interest of the undivided
ownership of the common areas and facilities.
(18) "Management committee" means the committee as provided in
the declaration charged with and having the
responsibility and authority to make and to enforce all
of the reasonable rules covering the operation and
maintenance of the property.
(19) "Par value" means a number of dollars or points assigned
to each unit by the declaration. Substantially identical
units shall be assigned the same par value, but units
located at substantially different heights above the
ground, or having substantially different views, or
having substantially different amenities or other
characteristics that might result in differences in
market value, may, but need not, be considered
substantially identical within the meaning of this
subsection. If par value is stated in terms of dollars,
that statement may not be considered to reflect or
control the sales price or fair market value of any unit,
and no opinion, appraisal, or fair market transaction at
a different figure may affect the par value of any unit,
or any undivided interest in the common areas and
facilities, voting rights in the unit owners'association,
liability for common expenses, or right to common
profits, assigned on the basis thereof.
(20) "Person" means an individual, corporation, partnership,
association, trustee, or other legal entity.
(21) "Property" means the land, whether leasehold or in fee
simple, the building, if any, all improvements and
structures thereon, all easements, rights, and
appurtenances belonging thereto, and all articles of
personal property intended for use in connection
therewith.
(22) "Record," "recording, recorded," and "recorder" have the
meaning stated in Title 57, Chapter 3, Recording of
Documents.
(23) "Record of survey map" means a plat or plats of survey of
land and units prepared in accordance with Section
57-8-13.
(24) "Size" means the number of cubic feet, or the number of
square feet of ground or floor space, within each unit as
computed by reference to the record of survey map and
rounded off to a whole number. Certain spaces within the
units including, without limitation, attic, basement, or
garage space may, but need not, be omitted from the
calculation or be partially discounted by the use of a
ratio, if the same basis of calculation is employed for
all units in the condominium project and if that basis is
described in the declaration.
(25) "Time period unit" means an annually recurring part or
parts of a year specified in the declaration as a period
for which a physical unit is separately owned and
includes a timeshare estate as defined in Subsection
57-19-2(17).
(26) "Unit" means either a separate physical part of the
property intended for any type of independent use,
including one or more rooms or spaces located in one or
more floors or part or parts of floors in a building or
a time period unit, as the context may require. A
convertible space shall be treated as a unit in
accordance with Subsection 57-8-13.4(3). A proposed
condominium unit under an expandable condominium project,
not constructed, is a unit two years after the date the
recording requirements of Section 57-8-13.6 are met.
(27) "Unit number" means the number, letter, or combination of
numbers and letters designating the unit in the
declaration and in the record of survey map.
(28) "Unit owner" means the person or persons owning a unit in
fee simple and an undivided interest in the fee simple
estate of the common areas and facilities in the
percentage specified and established in the declaration
or, in the case of a leasehold condominium project, the
person or persons whose leasehold interest or interests
in the condominium unit extend for the entire balance of
the unexpired term or terms.
History: L. 1963, ch. 111, 3; 1975, ch. 173, 1; 1986, ch. 92,
2; 1987, ch. 73, 1; 1994, ch. 116, 1.
Amendment Notes. - The 1994 amendment, effective May 2, 1994,
added the last sentence of Subsection (26) and made stylistic
changes.
Meaning of "this act". - See note under same catchline
following 57-8-1.
NOTES TO DECISIONS
Unit.
For purposes of this chapter, a unit must be within a
physically enclosed space. Country Oaks Condominium Mgt.
Comm. v. Jones, 851 P.2d 640 (Utah 1993).
57-8-4. Status of the units.
Each unit, together with its undivided interest in the
common areas and facilities, shall, for all purposes,
constitute real property and may be individually
conveyed, leased and encumbered and may be inherited or
devised by will and be subject to all types of juridic
acts inter vivos or mortis causa as if it were sole and
entirely independent of all other units, and the separate
units shall have the same incidents as real property, and
the corresponding individual titles and interests therein
shall be recordable.
History: L. 1963, ch. 111, 4.
57-8-5. Recognized tenancy relationships.
Any unit may be held and owned by more than one person as
joint tenants, or as tenants in common, or in any other
real property tenancy relationship recognized under the
laws of the state of Utah.
History: L. 1963, ch. 111, 5.
57-8-6. Ownership and possession rights.
Each unit owner shall be entitled to the exclusive
ownership and possession of his unit. The owner of a time
period condominium unit shall be entitled to the
exclusive ownership and possession of the physical unit
to which his time period relates and shall be entitled to
the use and enjoyment of the common areas and facilities
during, but only during, such annually recurring part or
parts of a year as describe and define the time period
unit concerned in the declaration.
History: L. 1963, ch. 111, 6; 1975, ch. 173, 2.
COLLATERAL REFERENCES
A.L.R. - Standing to bring action relating to title in real
property of condominium, 72
A.L.R.3d 314.
Validity, construction, and application of statutes, or of
condominium association's bylaws or regulations, restricting
sale, transfer, or lease of condominium units, 17 A. L. R. 4th
1247.
Right of condominium association's management or governing
body to inspect individual units, 41 A.L.R.4th 730.
Standing to bring action relating to real property of
condominium, 74 A.L.R.4th 165.
57-8-7. Common areas and facilities.
(1) Each unit owner shall be entitled to an undivided
interest in the common areas and facilities in the
percentages or fractions expressed in the declaration.
The declaration may allocate to each unit an undivided
interest in the common areas and facilities proportionate
to either the size or par value of such unit. Otherwise,
the declaration shall allocate to each unit an equal
undivided interest in the common areas and facilities,
subject to the following exception: each convertible
space depicted on the record of survey map shall be
allocated an undivided interest in the common areas
and facilities proportionate to the size of such space
vis-a-vis the aggregate size of all units so depicted,
while the remaining undivided interest in the common
areas and facilities shall be allocated equally among the
other units so depicted. The undivided interest in the
common areas and facilities allocated in accordance with
this subsection shall add up to one if stated as
fractions or to 100% if stated as percentages. If an
equal undivided interest in the common areas and
facilities is allocated to each unit, the declaration may
simply state that fact and need not express the fraction
or percentage so allocated. Otherwise, the undivided
interest allocated to each unit shall be reflected by a
table in the declaration, or by an exhibit or schedule
accompanying the declaration and recorded simultaneously
with it, containing columns. The first column shall
identify the units, listing them serially or grouping
them together in the case of units to which identical
undivided interests are allocated. Corresponding figures
in the second and third columns shall set forth the
respective sizes or par values of those units and the
fraction or percentage of undivided interest in the
common areas and facilities allocated thereto.
(2) Except as otherwise expressly provided by this act, the
undivided interest of each unit owner in the common areas
and facilities as expressed in the declaration shall have
a permanent character and shall not be altered without
the consent of all of the unit owners expressed in an
amended declaration duly recorded. The undivided
interest in the common areas and facilities shall not be
separated from the unit to which it appertains and shall
be deemed to be conveyed or encumbered or released from
liens with the unit even though such interest is not
expressly mentioned or described in the conveyance or
other instrument. A time period unit may not be further
divided into shorter time periods by a conveyance or
disclaimer.
(3) The common areas and facilities shall remain undivided
and no unit owner or any other person shall bring any
action for partition or division of any part thereof,
unless the property has been removed from the provisions
of this act as provided in Sections 57-8-22 and 57-8-31.
Any covenants to the contrary shall be null and void.
(4) Each unit owner may use the common areas and facilities
in accordance with the purpose for which they were
intended without hindering or encroaching upon the lawful
rights of the other unit owners.
(5) The necessary work of maintenance, repair and replacement
of the common areas and facilities and the making of any
additions or improvements thereon shall be carried out
only as provided in this act or in the declaration or
bylaws.
(6) The manager or management committee shall have the
irrevocable right to have access to each unit from time
to time during reasonable hours as may be necessary for
the maintenance, repair or replacement of any of the
common areas and facilities or for making emergency
repairs necessary to prevent damage to the common areas
and facilities or to another unit or units.
History: L. 1963, ch. 111, 7; 1975, ch. 173, 3.
Meaning of "this act". - The term "this act," in Subsections
(3) and (5), means L. 1963, ch. 111, 1 through 35, which
enacted this chapter. The term "this act," in the first
sentence in Subsection (2), literally means L. 1975, ch. 173,
1 through 19, which amended or enacted several of the sections
in this chapter.
See note under same catchline following 57-8-1.
COLLATERAL REFERENCES
Am. Jur. 2d. - 15A Am. Jur. 2d Condominiums and Co-Operative
Apartments 32 et seq.
A.L.R. - Proper party plaintiff in action for injury to
common areas of condominium development, 69 A.L.R.3d 1148.
Personal liability of owner of condominium unit to one
sustaining personal injuries or property damage by condition
of common areas, 39 A.L.R.4th 98.
Key Numbers. - Condominiums 6.
57-8-8. Compliance with covenants, bylaws and/or house rules and
administrative provisions.
Each unit owner shall comply strictly with the covenants,
conditions and restrictions as set forth in the
declaration or in the deed to his unit, and with the
bylaws and/or house rules and with the administrative
rules and regulations drafted pursuant thereto, as either
of the same may be lawfully amended from time to time,
and failure to comply shall be ground for an action to
recover sums due for damages or injunctive relief or
both, maintainable by the manager or management committee
on behalf of the unit owners, or in a proper case, by an
aggrieved unit owner.
History: L. 1963, ch. 111, 8.
COLLATERAL REFERENCES
A.L.R. - Validity and construction of condominium
association's regulations governing members' use of common
facilities, 72 A.L.R.3d 308.
Enforceability of bylaw or other rule of condominium or
co-operative association restricting occupancy by children,
100 A.L.R.3d 241.
57-8-9. Certain work prohibited.
No unit owner shall do any work or make any alterations
or changes which would jeopardize the soundness or safety
of the property, reduce its value or impair any easement
or hereditament, without in every such case the unanimous
written consent of all the other unit owners being first
obtained.
History: L. 1963, ch. 111, 9.
COLLATERAL REFERENCES
A.L.R. - Adequacy and application of guidelines relating to
condominium association's requisite approval of individual
unit owner's improvements or decoration, 25 A.L.R.4th 1059.
57-8-10. Contents of declaration,
(1) Prior to the conveyance of any unit in a condominium project,
a declaration shall be recorded that contains the covenants,
conditions, and restrictions relating to the project that
shall be enforceable equitable servitudes, where reasonable,
and which shall run with the land. Unless otherwise provided,
these servitudes may be enforced by any unit owner and his
successors in interest.
(2) (a) For every condominium project:
(i) The declaration shall include a description of the
land or interests in real property included within
the project.
(ii) The declaration shall contain a description of
any buildings, which states the number of
storeys and basements, the number of units,
the principal materials of which the building
is or is to be constructed, and a description
of all other significant improvements
contained or to be contained in the project.
(iii) The declaration shall contain the unit number
of each unit, the square footage of each unit,
and any other description or information
necessary to properly identify each unit.
(iv) The declaration shall describe the common
areas and facilities of the project.
(v) The declaration shall describe any limited
common areas and facilities and shall state to
which units the use of the common areas and
facilities is reserved.
(b) Any shutters, awnings, window boxes, doorsteps, porches,
balconies, patios, or other apparatus intended to serve
a single unit, but located outside the boundaries of the
unit, shall constitute a limited common area and
facility appertaining to that unit exclusively, whether
or not the declaration makes such a provision,
(c) The record of survey map recorded with the declaration
may provide or supplement the information required
under Subsections (a) and (b).
(d) (i) The declaration shall include the percentage or
fraction of undivided interest in the common areas
and facilities appurtenant to each unit and its
owner for all purposes, including voting, derived
and allocated in accordance with Subsection
57-8-7(l).
(ii) If any use restrictions are to apply, the
declaration shall state the purposes for which
the units are intended and restricted as to
use.
(iii) (A) The declaration shall include the name of
a person to receive service of process on
behalf of the project, in the cases
provided by this chapter, together with
the residence or place of business of
that person.
(B) The person described in Subsection (A)
shall be a resident of, or shall maintain
a place of business within, this state.
(iv) The declaration shall describe the method by
which it may be amended consistent with this
chapter.
(v) Any further matters in connection with
the property may be included in the
declaration, which the person or persons
executing the declaration may consider
desirable consistent with this chapter.
(vi) The declaration shall contain a statement of
intention that this chapter applies to the
property.
(3) (a) If the condominium project contains any convertible land:
(i) The declaration shall contain a legal description
by metes and bounds of each area of convertible
land within the condominium project.
(ii) The declaration shall state the maximum number
of units that may be created within each area
of convertible land.
(iii) (A) The declaration shall state, with
respect to each area of convertible
land, the maximum percentage of the
aggregate land and floor area of all
units that may be created and the
use of which will not or may not be
restricted exclusively to
residential purposes.
(B) The statements described in Subsection
(iii) (A) need not be supplied if none of the units
on other portions of the land within the
project are restricted exclusively to
residential use.
(iv) The declaration shall state the extent to
which any structure erected on any convertible
land will be compatible with structures on
other portions of the land within the
condominium project in terms of quality of
construction, the principal materials to be
used, and architectural style.
(v) The declaration shall describe all other
improvements that may be made on each area of
convertible land within the condominium
project.
(vi) The declaration shall state that any units
created within each area of convertible land
will be substantially identical to the units
on other portions of the land within the
project or it shall describe in detail what
other type of units may be created.
(vii) The declaration shall describe the declarant's
reserved right, if any, to create limited
common areas and facilities within any
convertible land in terms of the types, sizes,
and maximum number of the limited common areas
within each convertible land.
(b) The record of survey map recorded with the declaration
may provide or supplement the information required under
Subsection (a).
(4) If the condominium is an expandable condominium project:
(a) (i) (A) The declaration shall contain
an explicit reservation of an option
to expand the project.
(B) The declaration shall include a statement
of any limitations on the option to
expand, including a statement as to
whether the consent of any unit owners
shall be required and, a statement as to
the method by which consent shall be
ascertained, or a statement that there
are no such limitations.
(ii) The declaration shall include a time limit,
not exceeding seven years from the date of the
recording of the declaration, upon which the
option to expand the condominium project shall
expire, together with a statement of any
circumstances which will terminate the option
prior to expiration of the specified time
limits.
(iii) The declaration shall contain a legal
description by metes and bounds of all land
that may be added to the condominium project,
which is known as additional land.
(iv) The declaration shall state:
(A) if any of the additional land is added to
the condominium project, whether all of
it or any particular portion of it must
be added;
(B) any limitations as to what portions may
be added; or
(C) a statement that there are no such
limitations.
(v) The declaration shall include a statement as
to whether portions of the additional land may
be added to the condominium project at
different times, together with any limitations
fixing the boundaries of those portions by
legal descriptions setting forth the metes and
bounds of these lands and regulating the order
in which they may be added to the condominium
project.
(vi) The declaration shall include a statement of
any limitations as to the locations of any
improvements that may be made on any portions
of the additional land added to the
condominium project, or a statement that no
assurances are made in that regard.
(vii) The declaration shall state the maximum number
of units that may be created on the additional
land. If portions of the additional land may
be added to the condominium project and the
boundaries of those portions are fixed in
accordance with Subsection (4)(a)(v), the
declaration shall also state the maximum
number of units that may be created on each
portion added to the condominium project. If
portions of the additional land may be added
to the condominium project and the boundaries
of those portions are not fixed in accordance
with Subsection (4)(a)(v), then the
declaration shall also state the maximum
number of units per acre that may be created
on any portion added to the condominium
project.
(viii) With respect to the additional land and to any
portion of it that may be added to the
condominium project, the declaration
shall state the maximum percentage of the
aggregate land and floor area of all units
that may be created on it, the use of which
will not or may not be restricted exclusively
to residential purposes. However, these
statements need not be supplied if none of the
units on the land originally within the
project are restricted exclusively to
residential use.
(ix) The declaration shall state the extent to
which any structures erected on any portion of
the additional land added to the condominium
project will be compatible with structures on
the land originally within the project in
terms of quality of construction, the
principal materials to be used, and
architectural style. The declaration may also
state that no assurances are made in those
regards.
(x) The declaration shall describe all other
improvements that will be made on any portion
of the additional land added to the
condominium project, or it shall contain a
statement of any limitations as to what other
improvements may be made on it. The
declaration may also state that no
assurances are made in that regard.
(xi) The declaration shall contain a statement that
any units created on any portion of the
additional land added to the condominium
project will be substantially identical to the
units on the land originally within the
project, or a statement of any limitations as
to what types of units may be created on it.
The declaration may also contain a statement
that no assurances are made in that regard.
(xii) The declaration shall describe the declarant's
reserved right, if any, to create limited
common areas and facilities within any portion
of the additional land added to the
condominium project, in terms of the types,
sizes, and maximum number of limited common
areas within each portion. The declaration
may also state that no assurances are made in
those regards.
(b) The record of survey map recorded with the declaration
may provide or supplement the information required under
Subsections (4)(a)(iii) through (a)(vi) and (a)(ix)
through (a)(xii).
(5) If the condominium project is a contractible condominium:
(a) (i) The declaration shall contain an explicit
reservation of an option to contract the
condominium project.
(ii) The declaration shall contain a statement of
any limitations on the option to contract,
including a statement as to whether the
consent of any unit owners shall be required,
and if so, a statement as to the method by
which this consent shall be ascertained. The
declaration may also contain a statement that
there are no such limitations.
(iii) The declaration shall state the time limit,
not exceeding seven years from the recording
of the declaration, upon which the option to
contract the condominium project shall expire,
together with a statement of any circumstances
which will terminate this option prior to
expiration of the specified time limit.
(b) (i) The declaration shall include a legal description
by metes and bounds of all land that may be
withdrawn from the condominium project, which is
known as withdrawable land.
(ii) The declaration shall include a statement as
to whether portions of the withdrawable land
may be withdrawn from the condominium project
at different times, together with any
limitations fixing the boundaries of
those portions by legal descriptions setting
forth the metes and bounds and regulating the
order in which they may be withdrawn from the
condominium project.
(iii) The declaration shall include a legal
description by metes and bounds of all of the
land within the condominium project to which
the option to contract the project does not
extend.
(c) The record of survey map recorded with the declaration
may provide or supplement the information required under
Subsection (5)(b).
(6) (a) If the condominium project is a leasehold condominium,
then with respect to any ground lease or other leases the
expiration or termination of which will or may terminate
or contract the condominium project:
(i) The declaration shall include recording information
enabling the location of each lease in the official
records of the county recorder.
(ii) The declaration shall include the date upon
which each lease is due to expire.
(iii) The declaration shall state whether any land
or improvements will be owned by the unit
owners in fee simple. If there is to be fee
simple ownership, the declaration shall
include:
(A) a description of the land or
improvements, including without
limitation, a legal description by metes
and bounds of the land; or
(B) a statement of any rights the unit owners
have to remove these improvements within
a reasonable time after the expiration or
termination of the lease or leases
involved, or a statement that they shall
have no such rights.
(iv) The declaration shall include a statement of
the rights the unit owners have to extend or
renew any of the leases or to redeem or
purchase any of the reversions, or a statement
that they have no such rights.
(b) After the recording of the declaration, no lessor who
executed the declaration, and no successor in interest to
this lessor, has any right or power to terminate any part
of the leasehold interest of any unit owner who:
(i) makes timely payment of his share of the rent to
the persons designated in the declaration for the
receipt of the rent; and
(ii) otherwise complies with all covenants which
would entitle the lessor to terminate the
lease if they were violated.
(7) (a) If the condominium project contains time period units,
the declaration shall also contain the location of each
condominium unit in the calendar year. This information
shall be set out in a fourth column of the exhibit or
schedule referred to in Subsection 57-8-7(l), if the
exhibit or schedule accompanies the declaration.
(b) The declaration shall also put timeshare owners on
notice that tax notices will be sent to the
management committee, not each timeshare owner.
(c) The time period units created with respect to any
given physical unit shall be such that the
aggregate of the durations involved constitute a
full calendar year.
(8) (a) The declaration, bylaws, and record of survey map shall
be duly executed and acknowledged by all of the owners
and any lessees of the land which is made subject to this
chapter.
(b) As used in Subsection (a), "owners and lessees"
does not include, in their respective capacities,
any mortgagee, any trustee or beneficiary under a
deed of trust, any other lien holder, any person
having an equitable interest under any contract for
the sale or lease of a condominium unit, or any
lessee whose leasehold interest does not extend to
any portion of the common areas and facilities.
History: L. 1963, ch. 111, 10; 1975, ch. 173, 4; 1986, ch. 92,
3; 1992, ch. 12, 1.
Amendment Notes. - The 1992 amendment, effective April 27,
1992, revised the internal subsection designations and made
stylistic changes throughout the section.
57-8-11. Contents of deeds of units.
Deeds of units shall include the following particulars:
(1) A description of the land as provided in Section 57-8-10,
including the book and page or entry number and date of
recording of the declaration.
(2) The unit number of the unit and any other data necessary
for its proper identification.
(3) The percentage of undivided interest appertaining to the
unit in the common areas and facilities.
(4) Any further particulars which the grantor and grantee may
deem desirable to set forth consistent with the
declaration and this act.
History: L. 1963, ch. 111, 11.
Meaning of "this act". - See note under same catchline
following 57-8-1.
57-8-12. Recording.
(1) The declaration, any amendment, any instrument by which
the provisions of this act may be waived, and every
instrument affecting the property or any unit shall be
entitled to be recorded. Neither the declaration nor
any amendment thereof shall be valid unless recorded.
(2) In addition to the records and indexes now required to be
maintained by the recorder, the recorder shall maintain
an index whereby the record of each condominium project
contains a reference to the declaration, each conveyance
of, lien against, and all other instruments referring to
a unit affected by such declaration, and the record of
each conveyance of, lien against, and all other
instruments referring to a unit shall contain a reference
to the declaration of the property of which the unit is
a part.
History: L. 1963, ch. 111, 12.
Meaning of "this act". - See note under same catchline
following 57-8-1.
57-8-13. Record of survey map to be recorded.
(1) Simultaneously with the recording of the declaration
there shall be recorded a standard size, original linen
(21" x 31") record of survey map with 61/4" x 11/2"
recording information block, which map shall be made by
a registered Utah land surveyor and shall set forth: (a)
a description of the surface of the land included within
the project, including all angular and linear data along
the exterior boundaries of the property; (b) the linear
measurement and location, with reference to the exterior
boundaries, of the building or buildings, if any, located
or to be located on the property other than within the
boundaries of any convertible lands; (c) diagrammatic
floor plans of the building or buildings, if any, built
or to be built on the property, other than within the
boundaries of any convertible lands, in sufficient detail
to identify each convertible space and physical unit
contained within a building, including its identifying
number or symbol, the official datum elevations of the
finished or unfinished interior surfaces of the floors
and ceilings and the linear measurements of the finished
or unfinished interior surfaces of the perimeter walls,
and the lateral extensions, of every such convertible
space and unit; (d) a description or delineation of the
boundaries of any unit or convertible space not contained
or to be contained in a building or whose boundaries are
not to be coextensive with walls, ceilings, or floors
within a building, other than units located within the
boundaries of any convertible lands, including the
horizontal (upper and lower) boundaries, if any, as well
as the vertical (lateral or perimetric) boundaries; (e)
a distinguishing number or other symbol for every
physical unit identified on the record of survey map; (f)
to the extent feasible, the location and dimensions of
all easements appurtenant to the land included within the
project; (g) the label "convertible space" for each such
space, if any; (h) the location and dimensions of any
convertible lands within the condominium project, with
each such convertible land labelled as such, and if there
be more than one such land, with each labelled with a
different letter or number; (i) the location and
dimensions of any withdrawable lands, with each such
withdrawable land labelled as such, and if there be more
than one such land, with each labelled with a different
letter or number; 0) if with respect to any portion or
portions, but less than all, of the land included within
the project the unit owners are to own only an estate for
years, the location and dimensions of any such portion,
with each labelled as a leased land, and if there by more
than one such land, with each labelled with a different
letter or number; and (k) any encroachments by or on
any portion of the condominium project. Each such record
of survey map shall be certified as to its accuracy and
compliance with the provisions of this Subsection (1) by
the land surveyor who prepared or who supervised the
preparation of the same and shall be executed and
acknowledged as provided in Subsection 57-8-10(8).
(2) When converting all or any portion of any convertible
land or when adding additional land to an expandable
condominium, the declarant shall record a new or
supplemental record of survey map which shall contain the
information necessary to comply to [with] the
requirements of Subsection (1) of this section. In
any case where less than all of a convertible land is
being converted, the record of survey map shall show the
location and dimensions of the remaining portion or
portions of the land in addition to otherwise meeting
such requirements.
(3) When converting all or any portion of any convertible
space into one or more units or limited common areas and
facilities, the declarant shall record, with regard to
the structure or portion of it constituting that
convertible space, a supplemental record of survey map
showing the location and dimensions of the vertical and
horizontal boundaries of each unit formed out of this
space. The supplemental map shall be certified as to its
accuracy and compliance with this Subsection (3) by the
land surveyor who prepared or who supervised the
preparation of it.
(4) In interpreting the record of survey map or any deed or
other instrument affecting a building or unit, the
boundaries of the building or unit constructed or
reconstructed in substantial accordance with the record
of survey map shall be conclusively presumed to be the
actual boundaries rather than the description expressed
in the record of survey map, regardless of the settling
or lateral movement of the building and regardless of
minor variance between boundaries shown on the record of
survey map and those of the building or unit.
History: L. 1963, ch. 111, 13; 1975, ch. 173, 5.
57-8-13.2. Conversion of convertible land - Amendment to
declaration - Limitations.
(1) The declarant may convert all or any portion of any
convertible land into one or more units or limited common
areas and facilities subject to any restrictions and
limitations which the declaration may specify. Any such
conversion shall be deemed to have occurred at the time
of the recordation of the appropriate instruments under
Subsection (2) of this section and Subsection 57-8-13(2).
(2) Simultaneously with the recording of the record of survey
map pursuant to Subsection 57-8-13(2), the declarant
shall prepare, execute, and record an amendment to the
declaration describing the conversion. The amendment
shall assign an identifying number to each unit formed
out of a convertible land and shall reallocate undivided
interests in the common areas and facilities in
accordance with Subsection 57-8-13.10(2). The amendment
shall describe or delineate the limited common areas and
facilities formed out of the convertible land, showing or
designating the unit or units to which each is assigned.
(3) All convertible lands shall be deemed part of the common
areas and facilities except for such portions of them as
are converted in accordance with this section. No such
conversions shall occur after five years from the
recordation of the declaration, or such shorter period of
time as the declaration may specify.
History: C. 1953, 57-8-13.2, enacted by L. 1975, ch. 173, 6.
57-8-13.4. Conversion of convertible space - Amendment to
declaration - Limitations.
(1) The declarant may convert any portion of any convertible
space into one or more units or common areas and
facilities, including, without limitation, limited common
areas and facilities, subject to any restrictions and
limitations which the declaration may specify. Any such
conversion shall be deemed to have occurred at the time
of the recordation of the appropriate instruments under
Subsection (2) of this section and Subsection 57-8-13(3).
(2) Simultaneously with the recording of the supplemental
record survey map under Subsection 57-8-13(3), the
declarant shall prepare, execute, and record an amendment
to the declaration describing the conversion. The
amendment shall assign an identifying number to each unit
formed out of a convertible space and shall allocate to
each unit a portion of the undivided interest in the
common areas and facilities appertaining to that space.
The amendment shall describe or delineate the limited
common areas and facilities formed out of the convertible
space, showing or designating the unit or units to which
each is assigned.
(3) Any convertible space not converted in accordance with
this section, or any portion of it not so converted,
shall be treated for all purposes as a single unit until
and unless it is so converted; and this act shall be
deemed applicable to any such space, or portion of it, as
though the same were a unit.
History: C. 1953, 57-8-13.4, enacted by L. 1975, ch. 173, 7.
Meaning of "this act". - The term "this act," appearing in
this section, literally means L. 1975, ch. 173, 1 through 19.
See note under same catchline following 57-8-1, 57-8-7.
57-8-13.6. Expansion of project.
A condominium project may be expanded under the
provisions of the declaration and of this act. Any such
expansion shall be deemed to have occurred at the time of
the recordation of the record of survey map under
Subsection 57-8-13(2), together with an amendment to the
declaration, duly executed and acknowledged by the
declarant, including, without limitations all of the
owners and lessees of the additional land added to the
condominium project. The amendment shall contain a legal
description by metes and bounds of the land added to the
condominium project and shall reallocate undivided
interests in the common areas and facilities in
accordance with Subsection 57-8-13.10(2).
History: C. 1953, 57-8-13.6, enacted by L. 1975, ch. 173, 8.
Meaning of "this act". - See note under same catchline
following 57-8-13.4.
57-8-13.8. Contraction of project.
A condominium project may be contracted under the
provisions of the declaration and the provisions of this
chapter. Any such contraction shall be considered to
have occurred at the time of the recordation of an
amendment to the declaration, executed by the declarant,
containing a legal description by metes and bounds of the
land withdrawn from the condominium project. If portions
of the withdrawable land were described pursuant to
Subsection 57-8-10(5)(b)(i), then no described portion
may be so withdrawn after the conveyance of any unit on
the portion. If no withdrawable portions were described,
then none of the withdrawable land may be withdrawn after
the first conveyance of any unit on the portion.
History: C. 1953, 57-8-13.8, enacted by L. 1975, ch. 173, 9;
1992, ch. 12, 2.
Amendment Notes. - The 1992 amendment, effective April 27,
1992, substituted "this chapter" for "this act" in the first
sentence, "57-8-10(5)(b)(i)" for "57-8-10(5)(e)" in the third
sentence, and made stylistic changes throughout the section.
57-8-13. 10. Condominiums containing convertible land -
Expandable condominiums - Allocation of interests
in common areas and facilities.
(1) If a condominium project contains any convertible land or
is an expandable condominium, then the declaration may
not allocate undivided interests in the common areas and
facilities on the basis of par value unless the
declaration:
(a) prohibits the creation of any units not
substantially identical to the units depicted on
the record of survey map recorded pursuant to
Subsection 57-8-13(l); or
(b) prohibits the creation of any units not
described under Subsection 57-8-10(3)(a)(vii)
in the case of convertible land, Subsection
57-8-10(4)(a)(xi) in the case of additional
land, and contains from the outset a statement
of the par value that shall be assigned to
every unit that may be created.
(2) (a) Interests in the common areas and facilities
may not be allocated to any units to be
created within any convertible land or within
any additional land until a record of survey
map depicting the same is recorded pursuant to
Subsection 57-8-13(2).
(b) Simultaneously with the recording of the
supplemental record of survey map required
under Subsection (a), the declarant shall
execute and record an amendment to the
declaration which reallocates undivided
interests in the common areas and facilities
so that the units depicted on the supplemental
record of survey map shall be allocated
undivided interests in the common areas and
facilities on the same basis as the units
depicted on the record of survey map that was
recorded simultaneously with the declaration
pursuant to Subsection 57-8-13(l).
(3) If all of a convertible space is converted into common
areas and facilities, including limited common areas and
facilities, then the undivided interest in the common
areas and facilities appertaining to the convertible
space shall afterward appertain to the remaining units
and shall be allocated among them in proportion to their
undivided interests in the common areas and facilities.
The principal officer of the unit owners' association or
of the management committee, or any other officer
specified in the declaration, shall immediately prepare,
execute, and record an amendment to the declaration
reflecting the reallocation of undivided interest
produced by the conversion.
(4) (a) If the expiration or termination of any lease of a
leasehold condominium causes a contraction of the
condominium project which reduces the number of
units, or if the withdrawal of withdrawable land of
a contractible condominium causes a contraction of
the condominium project which reduces the number of
units, the undivided interest in the common areas
and facilities appertaining to any units so
withdrawn shall afterward appertain to the
remaining units, being allocated among them in
proportion to their undivided interests in the
common areas and facilities.
(b) The principal officer of the unit owners'
association or of the management committee, or any
other officer specified in the declaration shall
immediately prepare, execute, and record an
amendment to the declaration, reflecting the
reallocation of undivided interests produced by the
reduction of units.
History: C. 1953, 57-8-13.10, enacted by L. 1975, ch. 173, 10;
1992, ch. 12, 3.
Amendment Notes. - The 1992 amendment, effective April 27,
1992, corrected the references to 57-8-10 in Subsection
(1)(b), subdivided Subsections (2) and (4), and made stylistic
changes throughout the section.
57-8-13.12. Land to be withdrawn or added to project -
Applicability of restrictions.
No covenants, restrictions, limitations, or other
representations or commitments in the declaration
concerning anything that is or is not to be done on the
additional land, the withdrawable land, or any portion of
either, shall be binding as to any portion of either
lawfully withdrawn from the condominium project or never
added to it except to the extent that the declaration so
provides. In the case of any covenant, restriction,
limitation, or other representation or commitment in the
declaration or in any other agreement requiring the
declarant to add any portion of the additional land or to
withdraw any portion of the withdrawable land, or
imposing any obligations concerning anything that is or
is not to be done on it or concerning it, or imposing any
obligations about anything that is or is not to be done
on or in respect to the condominium project or any
portion of it, this section shall not be construed to
nullify, limit, or otherwise affect any such obligation.
History: C. 1953, 57-8-13.12, enacted by L. 1975, ch. 173, 11.
57-8-13.14. Easement rights - Sales offices and model units -
Damage to property.
(1) Subject to any restrictions and limitations the
declaration may specify, the declarant shall have a
transferable easement over and on the common areas and
facilities for the purpose of making improvements on the
land within the project or on any additional land under
the declaration and this act, and for the purpose of
doing all things reasonably necessary and proper in
connection with the same.
(2) The declarant and his duly authorized agents,
representatives, and employees may maintain sales offices
or model units on the land within the project if the
declaration provides for the same and specifies the
rights of the declarant about the number, size, location,
and relocation of them. Any sales office or model unit
which is not designated a unit by the declaration shall
become a common area and facility as soon as the
declarant ceases to be a unit owner, and the declarant
shall cease to have any rights concerning it unless the
sales office or model unit is removed immediately from
the land included within the project in accordance with
a right reserved in the declaration to make this removal.
(3) To the extent that damage is inflicted on any part of the
condominium project by any person or persons utilizing
the easements reserved by the declaration or created by
Subsections (1) and (2) of this section, the declarant,
together with the person or persons causing the same,
shall be jointly and severally liable for the prompt
repair of the damage and for the restoration of the same
to a condition compatible with the remainder of the
condominium project.
History: C. 1953, 57-8-13.14, enacted by L. 1975, ch. 173, 12.
Meaning of "this act". - See note under same catchline
following 57-8-13.4.
PROFESSIONAL ENGINEERS AND
LAND SURVEYORS LICENSING ACT
Title 58, Chapter 22
Utah Code Annotated 1953
As Amended by
Session Laws of Utah 1994
Issued May 2, 1994
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
LICENSING ACT
Part 1 - General Provisions
58-22-101. Short title.
This chapter is known as the "Professional Engineers and Land
Surveyors Licensing Act."
58-22-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in
this chapter:
(1) "Board' means the Board of Professional Engineers and
Land Surveyors created in Section 58-22-201.
(2) "Direct supervision" means that a licensed engineer or
land surveyor is responsible for, and will competently,
personally, and appropriately review and approve work
performed by an employee, subordinate, or an associate.
(3) "EAC/ABET" means the Engineering Accreditation
Commission/Accreditation Board for Engineering and
Technology.
(4) "Fund" means the Professional Engineer and Land Surveyor
Education and Enforcement Fund created in Section
58-22-103.
(5) "Land surveyor" means a person licensed under this
chapter who is qualified to practice land surveying by
reason of his special knowledge of the technique of
measuring land, the basic principles of mathematics, the
related physical and applied sciences, the relevant
requirements of law for adequate evidence, and the
requisites to surveying of real property.
(6) "NCEES" means the National Council of Examiners for
Engineering and Surveying. The division shall at all
times remain a member of the council and shall send a
delegate to the regional and national meetings of that
council when funding is available and approved by the
director.
(7) "Practice of engineering" means the performance of any
service or creative Work requiring engineering education,
training, and experience in the application of special
knowledge of the mathematical, physical, and engineering
sciences to services or creative work such as
consultation, investigation, evaluation, planning and
design of engineering works and systems, planning the use
of land and water, and the review and supervision of
construction for the purpose of assuring compliance with
drawings and specifications, in connection with the
utilization of the forces, energies, and materials of
nature in the development, production, and functioning of
engineering processes, apparatus, machines, equipment,
facilities, buildings, structures, works, utilities, or
any combinations of them, employed in or devoted to,
public or private enterprise or uses, insofar as they
involve safeguarding life, health, property, or the
public welfare. It includes the performance of
architectural work that is incidental to the practice of
engineering.
(8) "Practice of land surveying" means any service or work,
the adequate performance of which involves the
application of special knowledge of the principles of
mathematics, the related physical and applied sciences,
and the relevant requirements of law for adequate
evidence, for measuring and locating lines, angles,
elevations, natural and man-made features in the air, on
the surface of the earth, within underground workings,
and on the beds of bodies of water, for the purpose of
determining areas and volumes, for the documenting of
property boundaries, and for the platting and laying out
of lands and subdivisions including the topography and
alignment of streets, for the preparation and
perpetuation of maps, record plats, field note records,
and property descriptions that represent this work.
(9) "Professional engineer" means a person licensed under
this chapter who is qualified to practice engineering by
reason of his special knowledge of the mathematical,
physical, and engineering sciences and the principles
and, methods of engineering analysis and design, acquired
by engineering education and experience.
(10) "Responsible charge", means direct control and management
by the use of, initiative, skill, and independent
judgment in the practice of engineering or land
surveying.
(11) "Rules" means administrative rules made in accordance
with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act.
(12) "TAC/ABET" means the Technology Accreditation
Commission/Accreditation Board for Engineering and
Technology.
(13) "Unlawful conduct" is as defined in Sections 58-1-501 and
58-22-501.
(14) "Unprofessional conduct" is as defined in Sections
58-1-501 and 58-22-502 and as may be further defined by
rule.
58-22-103. Education and enforcement fund.
(1) There is created a restricted account in the General Fund
known as the "Professional Engineer and Land Surveyor
Education and Enforcement Fund" to provide revenue for
educating professional engineers and land surveyors, the
public, and other interested persons concerning the
requirements of this chapter and any rule promulgated
under this chapter and to enforce the provisions of this
chapter, as-defined in this section.
(2) The fund shall be funded by:
(a) a surcharge placed on application fees for initial,
renewal, and reinstatement licensure under this
chapter, in an amount established by the division
with the collaboration of the board, not to exceed
50% of the fees; and
(b) monies received by the state by reason of civil
penalties ordered and administrative fines
collected pursuant to this chapter.
(3) (a) The fund shall earn interest.
(b) All interest earned on fund monies shall be
deposited into the fund.
(4) The director may, with concurrence of the board and
the executive director and in a manner consistent
with the duties of the division under this chapter,
make distributions from the fund for the following
purposes:
(a) education and training of licensees under this
chapter by:
(i) publication of this chapter, related
chapters of Title 58 or other titles,
rules implementing or related to this
chapter, policy statements, and
declaratory orders of the division; and
(ii) sponsorship of publications or
presentations to educate licensees as to
the requirements of this chapter and
rules implementing or related to this
chapter.
(b) education and training of the public or other
interested persons in matters concerning
engineering and land surveying laws and
practices by publications or presentations;
and
(c) enforcement of this chapter by:
(i) investigating unprofessional or unlawful
conduct; and
(ii) providing legal representation to the
division when the division takes legal
action against a person engaging in
unprofessional or unlawful conduct.
(5) If the balance in the fund exceeds $100,000 at the close
of any fiscal year, the excess shall be transferred to
the General Fund.
(6) Through the division, the board shall report annually to
the appropriate appropriations subcommittee of the
Legislature concerning the fund.
Part 2 - Board
58-22-201. Board.
(1) There is created the Professional Engineers and Land
Surveyors Licensing Board. The board shall consist of
five licensed engineers, one licensed land surveyor, and
one member from the general public. The composition of
the board shall be representative of the various
engineering disciplines as defined in accordance with
Subsection 58-22-301(3).
(2) The board shall be appointed and shall serve in
accordance with Section 58-1-201. The members of the
board who are professional engineers shall be appointed
from among nominees recommended by representative
engineering societies in this state. The member of the
board who is a land surveyor shall be appointed from
among nominees recommended by representative land
surveyor societies.
(3) The duties and responsibilities of the board shall be in
accordance with Sections 58-1-202 and 58-1-203.
Part 3 - Licensure
58-22-301. License required - License classifications.
(1) An individual may not engage in the practice of
engineering or land surveying unless licensed or exempted
from licensure under this Sections 58-1-307 or 58-22-305.
(2) The division shall issue licenses to individuals
qualified under the provisions of this chapter in the
following classifications:
(a) professional engineer; and
(b) land surveyor.
(3) The division may issue a license specialty certification
in specific engineering disciplines as defined by rule by
the division in collaboration with the board upon a
finding that the certification is necessary to protect
the public health, safety, or welfare.
58-22-302. Qualifications for licensure.
(1) Before July 1, 1996:
(a) All applicants for licensure as a professional
engineer shall satisfy one or more of the
following requirements:
(i) (A) All applicants shall complete four years
of qualifying experience under the direct
supervision of a licensed professional
engineer.
(B) Qualifying education approved by.the
division in collaboration with the board
may be substituted for the qualifying
experience referred to in Subsection
(1)(a)(i)(A) up to a maximum of two of
the four years.
(ii) (A) All applicants shall complete a four-year
degree from a TAC/ABET accredited
engineering curriculum or an equivalent
curriculum approved by the division in
collaboration with the board and complete
two years of qualifying experience under
the direct supervision of a licensed
professional engineer.
(B) Students while enrolled in an approved
engineering curriculum may be permitted
to take the fundamentals of engineering
examination.
(iii)(A) All applicants shall complete a four-year
degree from an EAC/ABET accredited
engineering curriculum or an equivalent
engineering curriculum approved by the
division in collaboration with the board.
(B) Students while enrolled in an approved
engineering curriculum may be permitted
to take the fundamentals of engineering
examination.
(b) All applicants for licensure as a professional
engineer shall apply for, pay the required fees
for, and pass the fundamentals of engineering
examination.
(c) (i) All applicants for licensure as a professional
engineer shall complete four years of
qualifying experience under the direct
supervision of a licensed professional
engineer, which experience is in addition to
any experience used to qualify to take the
fundamentals of engineering examination, as
described under Subsection (1)(a). All
applicants shall apply for, pay the required
fees for, and pass the principles and
practices of engineering examination, and pass
the Utah law and rules examination.
(ii) Teaching, research, and completion of advanced
degrees may be substituted for up to a maximum
of three of the four years of qualifying
experience if the fourth year of qualifying
experience is obtained outside of the
educational system under the direct
supervision of a licensed professional
engineer.
(2) After July 1, 1996:
(a) All applicants for licensure as a professional
engineer shall complete a four-year degree from an
EAC/ABET accredited engineering curriculum or an
equivalent curriculum approved by the division in
collaboration with the board.
(b) Students while enrolled in an approved engineering
curriculum may be permitted to take the
fundamentals of engineering examination.
(c) All applicants shall apply for, pay the required
fees for, and pass the fundamentals of engineering
examination.
(d) (i) All applicants shall complete four years
of qualifying experience under the direct
supervision of a licensed professional
engineer, which experience is in addition
to any experience used to qualify to take
the fundamentals of engineering
examination, as set forth under
Subsection (1)(a).
(ii) Teaching, research, and completion of
advanced degrees may be substituted for
up to a maximum of three of the four
years of qualifying experience.
(iii) One of the four years of qualifying
experience shall be obtained outside of
the educational system under the direct
supervision of a licensed professional
engineer.
(e) All applicants shall apply for, pay the required
fees for, and pass the principles and practices of
engineering examination and pass the Utah law and
rules examination.
(3) (a) All applicants for licensure as a land surveyor
shall complete one or more of the following
requirements:
(i) All applicants must have graduated from a
land surveying curriculum of two or more
years, approved by the division in
collaboration with the board.
(ii) All applicants must have graduated in a
related field with a four year
curriculum, approved by the division in
collaboration with the board, that
includes at least 32 quarter hours, or
equivalent semester hours, of surveying
courses including:
(A) four hours-of boundary law;
(B) courses in writing legal
descriptions;
(C) the public land survey system; and
(D) surveying field techniques.
(iii) All applicants shall complete six years
or more of experience in land surveying
work approved by the division in
collaboration with the board under the
direct supervision of a licensed land
surveyor.
(b) All applicant shall apply for, pay the
required fees for, and pass the fundamentals
of land surveying examination.
(c) All applicants shall complete four years of
qualifying experience under the direct
supervision of a licensed professional land
surveyor, which experience is in addition to
any experience used to qualify to take the
fundamentals of land surveying examination
described in Subsection (3)(a).
(i) Teaching, research, and completion
of advanced degrees may be
substituted for up to a maximum of
three of the four years of
qualifying experience.
(ii) One of the four years of qualifying
experience must be obtained
outside of the educational system
under the direct supervision of
a licensed land surveyor.
(d) All applicants shall apply for, pay the
required fees for, and pass the principles and
practices of land surveying examination and
the regional and local in utah examinations a
defined by rule.
(4) The teaching of advanced engineering land surveying
subjects in a college or university offering an approved
engineering land surveying curriculum of four years or
more may be recognized as qualifying engineering-land
surveying experience as defined by rule.
(5) Research may be recognized as qualifying experience, as
defined by rule.
(6) Engineering land surveying experience obtained prior to
graduation may be recognized as qualifying experience, as
defined by rule.
(7) Completion of advanced degrees from an approved
engineering or land surveying curriculum may be
recognized as qualifying experience, as defined by rule.
(8) An individual who fails any one of the required
examinations three times may be required to meet with the
board to determine what additional education and
experience may be required before being permitted to
retake the examination.
(9) After July 1, 1996, an individual who has graduated from
an approved TAC/ABET accredited engineering technology
curriculum shall be required to complete the educational
requirements of an EAC/ABET accredited engineering
curriculum to fulfill the educational requirements for a
license as a professional engineer. However, students
enrolled or individuals who have graduated from an
approved TAC/ABET engineering.technology.curriculum shall
be permitted to take the fundamentals of engineering
examination, upon submission of an application and
payment of the required fees to, the division on forms
prescribed by the division.
58-22-303. Term of license - Expiration.- Renewal.
(1) Each license issued under this chapter shall be issued in
accordance with a two-year renewal cycle established by
rule. A renewal period may be extended or shortened by
as much as one year to maintain established renewal
cycles or to change an established renewal cycle.
(2) At the time of renewal the licensee shall show
satisfactory evidence of completion of continuing
education as may be required by rules enacted pursuant to
Section 58-22-304.
(3) Each license automatically expires on the expiration date
shown on the license unless renewed by the licensee in
accordance with Section 58-1-308.
58-22-304. Continuing professional education.
Each individual holding a license under this chapter may be
required to complete a program of qualifying continuing
professional education in accordance with standards defined by
rule as a condition precedent to license renewal.
58-22-305. Exceptions from licensure.
(1) In addition to the exemptions from licensure in Section
58-1-307 the following persons may engage in the practice
of engineering and land surveying subject to the stated
circumstances and limitations without being licensed
under this chapter:
(a) an employee or subordinate of a person holding a
license under this chapter if the work does not
include responsible charge and if the employee or
subordinate is under the direct supervision of a
person holding a license under this chapter;
(b) an employee or a communications, utility, railroad,
mining, petroleum, manufacturing company, or an
affiliate of such a company if the engineering work
is done solely in connection with the products or
systems of the entity and is not offered directly
to the public;
(c) students enrolled in an approved engineering or
land surveying curriculum if the work performed is
part of the curriculum and if the engineering
services offered or performed do not involve work
or facilities which directly involve the public
health, safety, or welfare; and
(d) agents, officers, or employees of the United States
government while engaged in activities regulated
under this chapter as a part of their employment
with a federal agency.
(2) A person licensed to practice architecture under Title
58, Chapter 3, Architects Licensing Act, may engage in
acts or practices of engineering if the engineering acts
or practices do not exceed the scope of the education and
training of the person performing engineering.
58-22-306. Licensure by endorsement - Reciprocal
licensing.
(1) The division may issue a license as a professional
engineer or land surveyor without examination to a person
who is currently licensed in any state, district, or
territory of the United States who can document
sufficient knowledge and experience as established by
rule.
(2) Upon passing the Utah local practice examination the
division may issue a license as a land surveyor to a
person who is currently licensed in another state,
district, or territory of the United States or in any
foreign country whose education, experience, and
examinations requirements are, or were at the time the
license was issued, equivalent to those of this state.
58-22-307. Seal - Waiver of preparation and seal of
drawings.
(1) All plans, maps, sketches, surveys, drawings, documents,
specifications, plats, and reports prepared by a licensee
under this chapter shall, when submitted to the
licensee's client or filed with public authorities, be
stamped or sealed with a design authorized by the board,
bearing the licensee's name and the legend "licensed
professional engineer" or "licensed land surveyor." The
signature of the individual named on the seal and the
date shall appear across the face of each original seal
imprint.
(2) The building official in the political subdivision for
which a building permit is to be issued may waive the
requirement for a licensed professional engineer to
prepare and stamp the construction drawings or set of
plans if the structure meets all of the following:
(a) is a B-2 occupancy as defined by the Uniform
Building Code adopted under Title 58, Chapter 56,
Utah Uniform Building Standards Act, except that
factories, workshops, storage rooms, and paint
stores are not to be included under this exemption;
(b) is type N construction as defined by the Uniform
Building Code adopted under Title 58, Chapter 56,
Utah Uniform Building Standards Act; and
(c) is less than 1,000 square feet.
Part 4 - License Denial and Discipline
58-22-401. Grounds for denial of license and disciplinary
proceedings.
The division may refuse to issue a license to an applicant,
refuse to renew the license of a licensee, revoke, suspend,
restrict, or place on probation the license of a licensee,
issue a public or private reprimand to a licensee, and issue
cease and desist orders in accordance with Section 58-1-401.
Part 5 - Unlawful and Unprofessional Conduct - Penalties
58-22-501. Unlawful conduct.
Unlawful conduct includes:
(1) stamping or sealing any document with the seal of a
professional engineer or land surveyor whose license has
expired or has been suspended or revoked,
(2) using, or attempting to use, a title, letterhead, seal,
or other instrument which would represent or imply that
a person, firm, partnership, or corporation is engaged in
or attempting to engage in the practice of engineering or
land surveying when the person or business entity is not
licensed to do so under this chapter;
(3) using the title,"professional engineer," "licensed
engineer," "registered engineer," "land surveyor,"
"licensed land surveyor," or "registered land surveyor,"
or to use any other title, initial, abbreviation, or
combination of title, initials, or abbreviations which
may reasonably cause another person to believe that the
individual using the title is a licensed professional
engineer or licensed land surveyor;
(4) unless exempted from licensure under Section 58-1-307 or
58-22-305, engaging in, or representing itself as
engaging in, the practice of professional engineering or
land surveying as a corporation, proprietorship,
partnership, or limited liability company unless the
business entity has a licensed Utah professional engineer
or land surveyor who is:
(a) employed by the business entity and who provides
direct supervision; or
(b) an officer, owner, or general partner of the entity
who provides direct supervision; and
(5) failure to comply with a citation issued under Section
58-22-503 after the citation becomes final.
58-22-502. Unprofessional conduct..
Unprofessional conduct includes having a pecuniary interest in
the performance of the contract for the work on which a
professional engineer or land surveyor has rendered his
professional services, without the knowledge and consent of
the person employing him.
58-22-503. Penalty for unlawful conduct.
(1) (a) If upon inspection or investigation, the division
concludes that a person has violated Subsections
58-1-501(l)(a) through (d) or Section 58-22-501 or
any rule or order issued with respect to Section
58-22-501, and that disciplinary action is
appropriate, the director or his designee from
within the division for each alternative
respectively, shall promptly issue a citation to
the person according to this chapter and any
pertinent rules, attempt to negotiate a stipulation
settlement, or notify the persons to appear before
an adjudicative proceeding conducted under Title
63, Chapter 46b, Administrative Procedures.Act.
(i) A person who violates Subsections
58-1-501(l)(a) through (d) or Section
58-22-501 or any rule or order issued with
respect to Section-58-22-501, as evidenced, by
an uncontested citation, a stipulated
settlement, or by a finding of violation in an
adjudicative proceeding, may be assessed a
fine pursuant to Subsection (3)(i) and may, in
addition to or in lieu of, be ordered to cease
and desist from violating Subsections
58-1-501(l)(a) through (d) or Section
58-22-501 or any rule or order issued with
respect to this section.
(ii) Except for a cease and desist order, the
licensure sanctions cited in Section 58-22-401
may not be assessed through a citation.
(b) A citation shall:
(i) be in writing;
(ii) describe with particularity the nature of
the violation, including a reference to
the provision of the chapter, rule, or
order alleged to have been violated;
(iii) clearly state that the recipient must
notify the division in writing within 20
calendar days of service of the citation
if the recipient wishes to contest the
citation at a hearing conducted under
Title 63, Chapter 46b, Administrative
Procedures Act; and
(iv) clearly explain the consequences of
failure to timely contest the citation or
to make payment of any fines assessed by
the citation specified in the citation.
(c) The division may issue a notice in lieu of a
citation.
(d) Each citation issued under this section, or a copy
of each citation, may be served upon any person
whom a summons may be served in accordance with the
Rules of Civil Procedure and may be made personally
or upon his agent by a division investigator or by
any person specially designated by the director or
by mail.
(e) If within 20 calendar days from the service of the
citation, the person to whom the citation was
issued fails to request a hearing to contest the
citation, the citation becomes the final order of
the division and is not subject to further agency
review. The period to contest a citation may be
extended by the division for cause.
(f) The division may refuse to issue or renew, suspend,
revoke, or place on probation the license of a
licensee who fails to comply with a citation after
it becomes final.
(g) The failure of an applicant for licensure to comply
with a citation after it becomes final is a ground
for denial of license.
(h) No citation may be issued under this section after
the expiration of six months following the
occurrence of any violation.
(i) The director or his designee shall assess fines
according to the following:
(i) for a first offense handled pursuant to
Subsection (1)(a), a fine of up to
$1,000;
(ii) for a second offense handled pursuant to
Subsection (1)(a), a fine of up to
$2,000; and
(iii) for any subsequent offense handled
pursuant to Subsection (1)(a), a fine of
up to $2,000 for each day of continued
offense.
(2) Any penalty which is not paid may be collected by the
director by either referring, the matter to a collection
agency or bringing an action in the district court of the
county in which the person against whom the penalty is
imposed resides or in the county where the office of the
director is located. Any county attorney or the attorney
general of the state shall provide legal assistance and
advice to the director in any action to collect the
penalty. In any action brought to enforce the provisions
of this section, reasonable attorney's fees and costs
shall be awarded to the division.
PROFESSIONAL ENGINEERS
AND LAND SURVEYORS
LICENSING ACT RULES
R156-22
Utah Administrative Code
Issued October 17, 1994
R156. Commerce, Occupational and Professional Licensing.
R156-22. Professional Engineers and Land Surveyors Licensing Act Rules.
R156-22-101. Title.
These rules are known as the "Professional Engineers and Land
Surveyors Licensing Act Rules".
R156-22-102. Definitions.
In addition to the definitions in Title 58, Chapters 1 and 22,
as used in Title 58, Chapters 1 and 22, or these rules:
(1) "Approved TAC/ABET engineering technology curriculum"
means a TAC/ABET accredited curriculum in engineering, math,
physics, chemistry, geology or engineering technology, or other
curriculums approved by the board leading to a Bachelor of science
degree.
(2) "Complete construction plans" as used in Subsection
R156-22-502(2) means a set of documents submitted to a client or to
a building official for the purpose of obtaining a building permit
that normally includes floor plans, elevations, site plan,
foundation, structural and framing details, electrical, mechanical
and plumbing design, information required by the energy code,
specifications and calculations if requested.
(3) "Full time professional engineering work" or "full
time professional land surveying work" means a minimum of 30 hours
per week for periods of time not less than three months in length.
(4) "Qualifying experience" for an applicant for
licensure as a professional engineer means full time professional
engineering work requiring the application of the engineering
sciences in the investigation, planning, design and construction of
engineering works and systems performed under the direct
supervision of a licensed professional engineer.
(5) "Qualifying experience" or "experience in land
surveying work, for an applicant for licensure as a land surveyor
means full time professional land surveying work requiring actual
field and office time spent monumenting of property boundaries,
platting and laying out of lands and subdivisions, recording plats
and keeping accurate records and field notes performed under the
direct supervision of a licensed land surveyor.
(6) "Certified structural engineer" means a Utah licensed
professional engineer who holds a valid Utah license as a certified
structural engineer, as provided in Subsection 58-22-301(3) and in
Section R156-22-301.
(7) "Structural engineering" means:
(a) the design and analysis of complex structures which
demonstrate correct application of gravity and lateral forces,
using static and dynamic methods, including:
(i) multi-story buildings or equivalent multi-level
structures;
(ii) communications and power transmission towers;
(iii) hydraulic structures such as dams;.
(iv) buildings with high redundancy;
(v) intermediate systems such as arenas or pavilions;
(vi) long span structures; and
(vii) other similar structures;
(b) the application of and use of scientific and
mathematical principles, experimental research, practical
construction methods, local building codes, and current advances in
engineering methods of analysis and design;
(c) structural design and analysis which include
considerations for compatibility, overturning, drift, deflection,
stability, stiffness, and other structural characteristics that
affect the behavior of structures;
(d) the determination and use of static or dynamic
lateral force procedure as defined by the Uniform Building code in
the structural design and detailing to resist lateral forces in
addition to any wind design requirements;
(e) selection of framing systems;
(f) selection of foundation systems; and
(g) the application of code requirements.
(8) "Unprofessional conduct" as defined in Title 58,
Chapters I and 22, is further defined in accordance with
Subsection 58-1-203(5), in Section R156-22-502.
R156-22-103. Authority - Purpose.
These rules are adopted by the division under the authority of
Subsection 58-1-106(l) to enable the division-to administer Title
58, Chapter 22.
R156-22-104. organization - Relationship to Rule R156-1.
The organization of this rule and its relationship to
Rule R156-1 is as described in Section R156-1-107.
R156-22-201. Advisory Peer Committee Created - Membership -
Duties.
(1) In accordance with Subsection 58-1-203(6), the
division in collaboration with the board may establish a Structural
Engineering Certification Committee as an advisory peer committee
to the board consisting of three members who are certified
structural engineers.
(2) The committee shall be appointed and serve in
accordance with Section R156-1-204.
(3) The duties and responsibilities of the committee
shall include assisting the board in its duties, functions, and
responsibilities defined in Subsection 58-1-202(4) by screening
license applications for certified structural engineer and
recommending to the board as to whether the applicants have
completed the required experience for licensure as a certified
structural engineer.
R156-22-301. License Classification - Certified Structural
Engineer.
(1) In accordance with the provisions of Subsection
58-22-301(3), there is hereby created a license specialty
certification of certified structural engineer.
(2) The division shall issue a license as a certified
structural engineer to individuals who complete all requirements
for licensure including the following requirements:
(a) be licensed as a professional engineer in the state
of Utah;
(b) complete the experience requirements for licensure
as a certified structural engineer while licensed as a professional
engineer as set forth in Section R156-22-302d; and
(c) complete the examination requirements for licensure
as a certified structural engineer set forth in Section R156-22-302e.
R156-22-302a. Qualifications for Licensure - Application and
Fee Requirements.
In accordance with Subsections 58-1-203(2) and
58-1-301(3), the application requirements for licensure in Section
58-22-302 are defined, clarified, or established as follows:
(1) A separate application and fee is required to take
each one of the following examinations:
(a) NCEES Fundamentals of Engineering Examination;
(b) NCEES Fundamentals of Land Surveying Examination;
(c) NCEES Principles and Practice of Engineering
Examination;
(d) NCEES Principles and Practice of Land Surveying
Examination;
(e) NCEES Structural I and Structural II Engineering
Examinations;
(f) Utah Local Practice Examination for Land
Surveyors; and
(g) Utah Law and Rule Examination for professional
engineers and certified structural engineers.
(2) A separate application and fee is required for
licensure as a professional engineer, certified structural engineer
and land surveyor.
R156-22-302b. Qualifications, for Licensure - Equivalent
Educational Engineering Curriculums.
In accordance with Subsections 58-1-203(2) and
58-1-301(3), equivalent educational engineering curriculums in
Subsections 58-22-302(l) and (2) include:
(1) an earned Bachelor of Science degree from a
Canadian Engineering Accrediting Board (CEAB) engineering
curriculum;
(2) an earned masters degree from an EAB/ABET
accredited engineering curriculum; or
(3) an earned degree from a foreign country in an
engineering curriculum which is equivalent to an EAC/ABET
engineering curriculum as determined by the board.
R156-22-302c. Qualifying Experience for Professional
Engineers or Land Surveyors - Limitations - Verification of
Qualifying Experience Required.
(1) Except as provided in R156-22 302c(3)(d),
applicants applying for licensure as a professional engineer under
Subsection 58-22-302(l) and 58-22-302(2) shall complete a four year
or masters degree from an EAC/ABET, TAC/ABET, or CEAB engineering
curriculum prior to beginning their qualifying experience
requirements.
(2) In accordance with Subsection 58-22-302(3), qualifying
experience for land surveyors may be obtained before, during or
after completing the education requirements for licensure.
(3) In accordance with-Section 58-22-302 a maximum of three of
the four years of required qualifying experience may be approved by
the board for persons who complete one or more of the followings
(a) a maximum of three years of qualifying experience
may be granted for teaching of advanced engineering or land
surveying subjects;
(b) a maximum of three years of qualifying experience
may be granted for conducting approved research in a college or
university offering an approved engineering or land surveying
curriculum of four years or more;
(c) a maximum of two years of qualifying experience may
be granted for completion of a masters or doctorate degree from an
engineering or land surveying curriculum, when the degree is the
second professional engineering degree conferred; and
(d) a maximum of one year of qualifying experience for
licensure as a professional engineer may be granted for qualifying
experience obtained prior to graduation.
(4) Limitations on qualifying experience.
(a) The performance or supervision of construction work as a
contractor, foreman or superintendent is not qualifying experience
in engineering work.
(5) Verification required.
(a) Each applicant for licensure shall be required to submit
with his application a minimum of five verifications of qualifying
experience on forms-available from the division. Three of the
verifications shall be from licensed professional engineers or land
surveyors who have personal knowledge of the applicant's knowledge,
ability and competence to practice professional engineering or land
surveying. Each period of qualifying experience shall also be
verified by a licensed professional engineer or land surveyor on a
form available from the division.
R156-22-302d. Qualifications for Licensure - Experience
Requirements for Licensure as a Certified Structural Engineer.
(1) In accordance with Subsections 58-1-203(2), 58-1-301(3)
and SB-22-301(3), the experience requirements for licensure as a
certified structural engineer are defined, clarified, or
established as follows:
(a) Three years of full time experience in structural
engineering approved by the board while licensed as a professional
engineer which experience is in addition to the experience required
for licensure as a professional engineer as defined in Section
58-22-302.
(b) A minimum of five verifications of structural
engineering experience on forms available from the division, three
of which shall be from licensed professional engineers who have
personal knowledge of the applicant's knowledge, ability and
competence to practice structural engineering.
(2) Structural engineering experience shall include
responsible charge of structural design in one or more of the
following areas:
(a) structural design of any building or structure
two stories and more, or 45 feet in height, designed in Uniform
Building Code (UBC) seismic zones 2, 3, or 4;
(b) structural design for a major seismic
retrofit/rehabilitation of an existing building or structure in UBC
seismic zones 2, 3, or 4; or
(c) structural design of any other structure of comparable
structural complexity.
(3) Structural engineering experience shall include
responsible charge of structural design in all of the following
areas:
(a) use of three of the following four materials as
they relate to the design, rehabilitation or investigation.of
buildings or structures:
(i) steel;
(ii) concrete;
(iii) wood; or
(iv) masonry;
(b) selection of framing systems including the consideration
of alternatives and the selection of an appropriate system for the
interaction of structural components to support vertical and
lateral loads;
(c) selection of foundation systems including the
consideration of alternatives and the selection of an appropriate
type of foundation system to support the structure;
(d) design and detailing for the transfer of forces
between stories in multi-story buildings or structures;
(e) application of lateral design in the design of the
buildings or structures in addition to any wind design
requirements; and
(f) application of the local, state and federal code
requirements as they relate to design loads, materials, and
detailing.
R156-22-302e. Qualifications for Licensure - Examination
Requirements.
In accordance with Subsections 58-1-203(2), 58-1-301(3), and
58-1-309, the examination requirements for licensure in Section
58-22-302 are defined, clarified or established as follows:
(1) All applicants for licensure as a professional
engineer shall pass the following examinations:
(a) the NCEES 8 hour fundamentals of engineering examination;
(b) the NCEES 8 hour principles and practice of engineering
examination; and
(c) the Utah law and rules examination.
(2) All applicants for licensure as a land surveyor
shall pass the following examinations:
(a) the NCEES 8 hour fundamentals of land surveying
examination;
(b) the NCEES 6 hour principles and practice of land
surveying examination; and
(c) the Utah Local Practice examination.
(3) All applicants for licensure as a certified
structural engineer shall pass the following examinations:
(a) the NCEES 8 hour Fundamentals of Engineering examination;
(b) the NCEES 8 hour Civil or Civil/Structural Principles and
Practice examination;
(c) the NCEES Structural I and Structural II examinations or
the 16 hour California Structural examination; and
(d) the Utah law and rules examination except for individuals
who may have already passed the same edition of the law and rules
examination for licensure as a professional engineer.
R156-22-302f. Qualifications for Licensure - Endorsement.
In accordance with Section 58-22-306, the division in
collaboration with the board may issue a license as a professional
engineer or land surveyor without the necessity of passing one or
more of the required examinations in Section R156-22-302e to an
applicant who complies with the following:
(1) has a current license in good standing as a
professional engineer or land surveyor in another state, district
or territory of the United States, and has practiced continuously
in another state, district or territory of the United States;
(2) has been in responsible charge as a licensed professional
engineer or land surveyor for five of the last seven years; and
(3) has never had disciplinary action taken against the
license which has not been satisfactorily resolved, or does not
have any disciplinary action pending.
R156-22-303. Renewal Cycle - Procedures.
(1) In accordance with Subsection 58-1-308(l), the renewal
date for the two-year renewal cycle applicable to licenses under
Title 58, Chapter 22, is established by rule in Section R156-1-308.
(2) Renewal procedures shall be in accordance with Section
R156-1-308.
R156-22-304. Continuing Education - Land Surveyors.
(1) There is hereby established a continuing professional
education requirement for all individuals licensed as a land
surveyor under Title 58, Chapter 22.
(2) During each two year period commencing on June 1 of each
even numbered year, a licensed land surveyor shall be required to
complete not less than 24 hours of qualified professional education
directly related to the licensee's professional practice.
(3) The required number of hours of professional education for
an individual who first becomes licensed during the two year
period shall be decreased in a pro-rata amount equal to any part
of that two year period preceding the date on which that individual
first became licensed.
(4) Qualified professional education under this
section shall:
(a) have an identifiable clear statement of purpose and
defined objective for the educational program directly related to
the practice of a land surveyor;
(b) be relevant to the licensee's professional practice;
(c) be presented in a competent, well organized and sequential
manner consistent with the stated purpose and objective of the
program;
(d) be prepared and presented by individuals who are qualified
by education, training and experience; and
(e) have associated with it a competent method of registration
of individuals who actually completed the professional education
program and records of that registration and completion are
available for review.
(5) Credit for professional education shall be recognized in
accordance with the following:
(a) unlimited hours shall be recognized for professional
education completed in blocks of time of not less than one hour in
formally established classroom courses, seminars, or conferences;
(b) a maximum of 12 hours per two year period may be
recognized for teaching in a college or university or for teaching
qualified continuing professional education courses in the field of
land surveying;
(c) a maximum of four hours per two year period may be
recognized for preparation of papers, articles, or books directly
related to the practice of land surveying and submitted for
publication;
(d) a maximum of six hours per two year period may be
recognized for active professional practice of land surveying; and
(e) a maximum of six hours per two year period may be
recognized for active membership in any state, national or
international organization for the development and improvement of
the profession of land surveying.
(6) A licensee shall be responsible for maintaining competent
records of completed qualified professional education for a period
of four years after close of the two year period to which the
records pertain. It is the responsibility of the licensee to
maintain information with respect to qualified professional
education to demonstrate it meets the requirements under this
section.
(7) If a licensee exceeds the 24 hours of continuing
professional education during the two year period, the licensee may
carry forward a maximum of 12 hours of continuing professional
education into the next two year period.
(8) A licensee who documents they are engaged in full
time activities or is subjected to circumstances which prevent that
licensee from meeting the continuing professional education
requirements established under this section may be excused from the
requirement for a period of up to three years. However, it is the
responsibility of the licensee to document the reasons and justify
why the requirement could not be met.
R156-22-305. Plan Stamping - Permitted Practice - Limitations.
In accordance with Subsection 58-22-307(l), a licensee
is permitted to affix his seal to any document under the following
conditions:
(1) the documents were personally prepared by the
licensee;
(2) the documents were prepared by employees of the
professional engineer under his direct supervision or control;
(3) the documents were prepared by a licensed architect
or professional engineer in this state or any other state and the
licensee performs a thorough review for compliance with the Utah
state building, plumbing, mechanical, electrical, energy, fire
codes and all other applicable codes adopted by the state and makes
any or all necessary corrections before submitting the documents to
a client or to a building official for the purpose of obtaining a
building permit;
(4) the documents were prepared by a person exempt from
licensure as an architect or professional engineer in Utah and the
licensee performs a thorough review for compliance with the Utah
state building, plumbing, mechanical, electrical, energy, fire
codes and all other applicable codes adopted by the state and
makes any or all necessary corrections before submitting the
documents to a client or to a building official for the purpose of
obtaining a building permit; or
(5) the documents were prepared by more than one Utah
licensed architect or professional engineer and the professional
engineer clearly identifies which portion of the plans the
professional engineer is responsible for.
R156-22-307. Seal Requirements - Design Authorized by Board.
In accordance with Section 58-22-307, the seal used by
professional engineers, certified structural engineers and land
surveyors shall be a circular seal, 1 1/2 inch minimum diameter,
which bears the licensee's name, license number, "State of Utah",
and "Licensed Professional Engineer", "Registered Professional
Engineer", "Certified Structural Engineer" or "Licensed Land
Surveyor", as appropriate The original signature of the licensee
named on the seal and the date shall appear across the face of each
original seal imprint.
R156-22-502. Unprofessional Conduct.
"Unprofessional conduct" includes:
(1) stamping plans except as permitted in Section
R156-22-305;
(2) submitting plans which are not complete construction
plans as defined in Subsection R156-22-102(2) to a client or
building official for the purpose of obtaining a building permit;
(3) falsifying any report to the division which documents or
verifies an individuals experience for licensure;
(4) failing to stamp or seal plans, maps, sketches,
surveys, drawings, documents, specifications, plats and reports;
(5) advertising, using the title, or representing
oneself as a certified structural engineer if the person is not
licensed as a certified structural engineer;
(6) when qualified by a license, stamping or sealing a
document with a stamp or seal bearing any legend other than the
title "licensed professional engineer", "registered professional
engineer, "licensed land surveyor" or "certified structural
engineer";
(7) accepting an agreement, contract or commission for
professional services on a contingency basis which may compromise
the professional judgment of the licensee wherein the payment of
fee involved is contingent on a favorable conclusion,
recommendation or judgment; or
(8) failing to conform to the accepted and recognized
standards and ethics of the profession including those stated in
the "Model Rules of Professional Conduct" of the National Council
of Examiners for Engineering and Surveying (NCEES), 1990, which is
hereby incorporated by reference.
KEY: engineers, surveyors, land surveyors*, professional engineers*
Effective October 17, 1994 - 58-22-101 - 58-1-106(l) - 58-1-202(l)
RESIDENCE LIEN RESTRICTION AND
LIEN RECOVERY FUND ACT
Title 38, Chapter 11
Utah Code Annotated 1953
As Amended by
Session Laws of Utah 1995
Issued May 1, 1995
RESIDENCE LIEN RESTRICTION AND LIEN RECOVERY FUND ACT
Part 1 - General Provisions
38-11-101. Title.
This chapter is known as the "Residence Lien Restriction and
Lien Recovery Fund Act."
38-11-102. Definitions.
(1) "Board" means the Residence Lien Recovery Fund Advisory
Board established under Section 38-11-104.
(2) "Construction on an owner-occupied residence" means
designing, engineering, constructing, altering,
remodeling, improving, repairing, or maintaining a new or
existing residence.
(3) "Department" means the Department of Commerce.
(4) "Director" means the director of the Division of
Occupational and Professional Licensing.
(5) "Division" means the Division of Occupational and
Professional Licensing.
(6) "Encumbered fund balance" means the aggregate amount of
all outstanding claims against the fund. The remainder
of monies in the fund are unencumbered funds.
(7) "Executive director" means the executive director of the
Department of Commerce.
(8) "Fund" means the Residence Lien Recovery Fund established
under Section 38-11-201.
(9) "Laborer" means a person who provides services at the
site of the construction on an owner occupied residence
as an employee of an original contractor, or other
qualified beneficiary performing qualified services on
the residence.
(10) "Licensee" means any holder of a license issued under
Title 58, Chapters 3, 22, 53, and 55.
(11) "Original contractor" means a person who contracts with
the owner of real property or the owner's agent to
provide services, labor, or material for the construction
of an owner-occupied residence.
(12) "Owner" means a person who:
(a) contracts with a person who is licensed as a
contractor or is exempt from licensure under Title
58, Chapter 55, Utah Construction Trades Licensing
Act, for the construction on an owner-occupied
residence upon real property owned by that person;
(b) contracts with a real estate developer to buy a
residence upon completion of the construction on
the owner-occupied residence; or
(c) buys a residence from a real estate developer after
completion of the construction on the owner
occupied residence.
(13) "Owner-occupied residence,, means a residence that is, or
after completion of the construction on the residence
will be, occupied by the owner or the owner's tenant or
lessee as a primary or secondary residence within 180
days from the date of the completion of the construction
on the residence.
(14) "Qualified beneficiary" means a person who:
(a) provides qualified services;
(b) pays all necessary fees or assessment required
under this chapter; and
(c) registers with the division:
(i) as a licensed contractor under Subsection
38-11-301(l) or (2) if that person seeks
recovery from the fund as a licensed
contractor; or
(ii) as a person providing qualified services other
than as a licensed contractor under Subsection
38-11-301(3) if the person seeks recovery from
the fund in a capacity other than as a
licensed contractor.
(15) "Qualified services" means the following performed in
construction on an owner occupied residence:
(a) contractor services provided by a contractor
licensed or exempt from licensure under Title 58,
Chapter 55, Utah Construction Trades Licensing Act;
(b) architectural services provided by an architect
licensed under Title 58, Chapter 3;
(c) engineering and land surveying services provided by
a professional engineer or land surveyor licensed
or exempt from licensure under Title 58, Chapter
22;
(d) landscape architectural services by a landscape
architect licensed or exempt from licensure under
Title 58, Chapter 53;
(e) design and specification services of mechanical or
other systems;
(f) other services related to the design, drawing,
surveying, specification, cost estimation, or other
like professional services;
(g) providing materials, supplies, components, or
similar products;
(h) renting equipment or materials; and
(i) labor at the site of the construction on the
owner-occupied residence.
(16) "Real estate developer" means a person having an
ownership interest in real property who contracts for the
construction of a residence that is offered for sale to
the public.
(17) "Residence" means an improvement to real property used or
occupied, to be used or occupied as, or in conjunction
with, a primary or secondary detached single family
residence or multifamily residence up to two units.
(18) "Subsequent owner" means a person who purchases a
residence from an owner within 180 days from the date of
the completion of the construction on the residence.
38-11-103. Administration.
This chapter shall be administered by the Division of
occupational and Professional Licensing pursuant to the
provisions of this chapter and consistent with Title 58,
Chapter 1.
38-11-104. Board.
(1) There is created the Residence Lien Recovery Fund
Advisory Board consisting of:
(a) three individuals licensed as a contractor who are
actively engaged in construction on owner-occupied
residences;
(b) three individuals who are employed in responsible
management positions with major suppliers of
materials or equipment used in the construction on
owner-occupied residences;
(c) one member from the general public who have no
interest in the construction on owner-occupied
residences, or supply of materials used in the
construction of owner-occupied residences.
(2) The board shall be appointed and members shall serve
their respective terms in accordance with Section
58-1-201.
(3) The duties and responsibilities of the board shall be to:
(a) advise the division with respect to informal
adjudication of claims for payment from the fund by
the division;
(b) act as the presiding officer, as defined by rule,
in formal adjudicative proceedings held before the
division with respect to claims made for payment
from the fund;
(c) advise the division with respect to:
(i) the general operation of the fund;
(ii) the amount and frequency of any
assessment under this chapter
(iii) the amount of any fees required under
this chapter;
(iv) the availability and advisability of
using funds for purchase surety bonds to
guarantee payment to qualified
beneficiaries; and
(v) the limitation on the fund balance under
Section 38-11-206; and
(d) review the administrative expenditures made by the
division pursuant to Subsection 38-11-201(4) and
report its findings regarding those expenditures to
the executive director on or before the first
Monday of December of each year.
(4) The attorney general shall render legal assistance as
requested by the board.
38-11-105. Procedures established by rule.
In compliance with Title 63, Chapter 46b, Administrative
Procedures Act, the division shall establish procedures by
rule by which claims for compensation from the fund shall be
adjudicated and by which assessments shall be collected.
38-11-106. State not liable.
The state and the state's agencies, instrumentalities, and
political subdivisions are not liable for any claims made
against the fund or for the failure of the fund to pay any
amounts ordered by the director to be paid from the fund.
38-11-107. Restrictions upon filing a lien against residence
or owners interest in the residence.
(1) A person qualified to file a lien upon an owner-occupied
residence and the real property associated with that
residence under the provisions of Title 38, Chapter 1,
Mechanics' Liens, who provides qualified services under
an agreement effective on or after January 1, 1995, other
than directly with the owner, shall be barred after
January 1, 1995, from maintaining a lien upon that
residence and real property or recovering a judgment in
any civil action against the owner or the owner-occupied
residence to recover monies owed for qualified services
provided by that person if
(a) the conditions described in Subsections
38-11-204(3)(a) through (3)(c) are met; or
(b) (i) a subsequent owner purchases a residence
from an owner;
(ii) the subsequent owner who purchased the
residence under Subsection (1)(b)(i)
occupies the residence as a primary or
secondary residence within 180 days from
the date of transfer or the residence is
occupied by the subsequent owner's tenant
or lessee as a primary or secondary
residence within 180 days from the date
of transfer; and
(iii) the owner from whom the subsequent owner
purchased the residence met the
conditions described in Subsection
38-11-204(3)(a) through (3)(c).
(2) if a residence is constructed under conditions that do
not meet all of the provisions of Subsection (1), that
residence and the real property associated with that
residence as defined in Section 38-1-4, shall be subject
to any mechanics' lien as provided in Section 38-1-3.
(3) A lien claimant who files a mechanics, lien or
foreclosure action upon an owner-occupied residence is
not liable for costs and attorneys' fees under Section
38-1-17 and 38-1-18 or for any damages arising from a
civil action related to the lien filing or foreclosure
action if:
(a) the owner of the owner occupied residence
establishes that the owner complied with the
requirements of Subsection (1) within 30 days from
the date the lien claimant delivered or mailed the
notice required under Subsection 38-1-7(3); and
(b) the lien claimant removes the lien within ten days
from the date the owner establishes compliance with
the requirements of Subsection (3)(a).
38-11-108. Notification of rights under chapter.
(1) Beginning July 1, 1995, the original contractor or real
estate developer shall state in the written contract with
the owner what actions are necessary for the owner to be
protected under Section 38-11-107 from the maintaining of
a mechanic lien or other civil action against the owner
or the owner-occupied residence to recover monies owed
for qualified services.
(2) In accordance with Title 63, Chapter 46a, Utah
Administrative Rule making Act, the division may issue
rules provided for the form and content of the
information required by Subsection (1).
Part 2 - Residence Lien Recovery Fund
38-11-201. Residence Lien Recovery Fund.
(1) There is created an expendable trust fund to be called
the Residence Lien Recovery Fund.
(2) (a) The fund consists of all amounts collected by the
division in accordance with Section 38-11-202.
(b) (i) The division shall deposit the funds in
an account with the state treasurer.
(ii) The division shall record the funds in
the Residence Lien Recovery Fund.
(c) The fund shall earn interest.
(3) The division shall employ personnel and resources
necessary to administer the fund and shall use fund
monies in accordance with Sections 38-11-203 and
38-11-204 and to pay the costs charged to the fund by the
attorney general.
(4) Costs incurred by the division for administering the fund
shall be paid out of fund monies.
(5) The Division of Finance shall report annually to the
Legislature, the division, and the board. The report
shall state:
(a) amounts received by the fund;
(b) disbursements from the fund;
(c) interest earned and credited to the fund; and
(d) the fund balance.
(6) (a) For purposes of establishing and assessing
regulatory fees under Subsection 63-38-3.2(5), the
provisions of this chapter are considered a new
program for fiscal year 1995-96.
(b) The department shall submit its fee schedule to the
Legislature for its approval at the 1996 Annual
General Session.
38-11-202. Payments to the fund.
The Residence Lien Recovery Fund shall be supported solely
from:
(1) initial and special assessments collected by the division
from licensed contractors registered as qualified
beneficiaries in accordance with Subsections 38-11-301(i)
and (2) and Section 38-11-206;
(2) initial and special assessments collected by the division
from other qualified beneficiaries registering with the
division in accordance with Subsection 38-11-301(3) and
Section 38-11-206;
(3) fees determined by the division under Section 63-38-3.2
collected from laborers under Subsection 38-11-204(5)
when the laborers obtain a recovery from the fund;
(4) amounts collected by subrogation under Section 38-11-205
on behalf of the fund following a payment from the fund;
(5) application fees determined by the division under Section
63-38-3.2 collected from qualified beneficiaries or
laborers under Subsection 38-11-204(i)(b) when qualified
beneficiaries or laborers make a claim against the fund;
(6) registration fees determined by the division under
Section 63-38-3.2 collected from other qualified
beneficiaries registering with the department in
accordance with Subsection 38-11-301(3)(c);
(7) reinstatement fees determined by the division under
Section 63-38-3.2 collected from registrants in
accordance with Subsection 38-11-302(5)(b);
(8) civil fines authorized under Subsection 38-11-205(2)
collected by the attorney general for failure to
reimburse the fund; and
(9) any interest earned by the fund.
38-11-203. Disbursements from the fund - Limitations.
(1) A payment of any claim upon the fund by a qualified
beneficiary shall be made only upon an order issued by
the director finding that:
(a) the claimant was a qualified beneficiary during the
construction on a residence;
(b) the claimant complied with the requirements of
Section 38-11-204; and
(c) there is adequate money in the fund to pay the
amount ordered.
(2) A payment of a claim upon the fund by a laborer shall be
made only upon an order issued by the director finding
that:
(a) the laborer complied with the requirements of
Subsection 38-11-204(4); and
(b) there is adequate money in the fund to pay the
amount ordered.
(3) (a) An order under this section may be issued only
after the division has complied with the procedures
established by rule under Section 38-11-105.
(b) If the claimant is a laborer or is precluded from
obtaining a judgment because the person described
in Subsection 38-11-204(3)(c) has filed bankruptcy,
the director shall determine the amount to be paid
from the fund.
(c) If the qualified beneficiary obtains a judgment,
subject to the limitation of this section, the
director shall order payment of the amount of the
judgment.
(4) (a) Payments from the fund may not exceed:
(i) $75,000 per residence to all qualified
beneficiaries and laborers who have claim
against the fund for that residence; and
(ii) $500,000 per qualified beneficiary or
laborer for payments to the qualified
beneficiary over the qualified
beneficiary's lifetime.
(b) if claims against the fund for a residence exceed
$75,000, the $75,000 shall be awarded
proportionately so that each qualified beneficiary
and laborer awarded compensation from the fund for
qualified services shall receive an identical
percentage of the qualified beneficiary's or
laborer's award.
(5) Subject to the limitations of Subsection (4), if on the
day the order is issued there is inadequate funds to pay
the entire claim and the director determines that the
claimant has otherwise met the requirements of Subsection
(1) or (2), the director shall order additional payments
once the fund meets the balance limitations of Section
38-11-206.
38-11-204. Claims against the fund - Requirement to make a
claim - Qualifications to receive compensation.
(1) To claim recovery from the fund a person shall
(a) meet the requirements of either Subsection (3) or
(4);
(b) pay an application fee determined by the division
under section 63-38-3.2; and
(c) file with the division a completed application on a
form provided by the division accompanied by
supporting documents establishing:
(i) that the person meets the requirements of
either Subsection (3) or (4) ;
(ii) that the person was a qualified
beneficiary or laborer during the
construction on the owner-occupied
residence; and
(iii) the basis for the claim.
(2) To recover from the fund, the application required by
Subsection (1) shall be filed no later than 120 days:
(a) from the date the judgment required by Subsection
(3)(d) is entered;
(b) if the claimant is precluded from obtaining a
judgment because the person described in Subsection
(3)(C) filed bankruptcy, from the date the person
filed bankruptcy; or
(c) if a laborer, the date the laborer completed his
qualified services.
(3) To recover from the fund, regardless of whether the
residence is occupied by the owner, a subsequent owner,
or the owner or subsequent owner's tenant or lessee, a
qualified beneficiary shall establish that:
(a) (i) the owner of the owner-occupied residence
or the owner's agent entered into a
written contract with an original
contractor licensed or exempt from
licensure under Title 58, Chapter 55,
Utah Construction Trades Licensing Act,
for the performance of qualified
services, to obtain the performance of
qualified services by others, or for the
supervision of the performance by others
of qualified services in construction on
that residence; or
(ii) the owner of the owner-occupied residence
or the owner's agent entered into a
written contract with a real estate
developer for the purchase of an
owner-occupied residence;
(b) construction on that owner-occupied residence is
performed pursuant to a building permit issued by
the local jurisdiction in which the residence is
located if a building permit is required by that
jurisdiction for the scope of the work performed;
(c) the owner has paid in full the original contractor
licensed or exempt from licensure under Title 58,
Chapter 55, Utah Construction Trades Licensing Act,
real estate developer, or both, under Subsection
(3)(a)(i) or (ii) with whom the owner has a written
contract in accordance with the written contract
and any amendments to the contract, and:
(i) the original contractor or real estate
developer licensed or exempt from
licensure under Title 58, Chapter 55,
Utah Construction Trades Licensing Act,
subsequently failed to pay a qualified
beneficiary who is entitled to payment
under an agreement with that original
contractor or real estate developer
licensed or exempt from licensure under
Title 58, Chapter 55, Utah Construction
Trades Licensing Act, for services
performed or materials supplied by the
qualified beneficiary;
(ii) a subcontractor who contracts with the
original contractor or real estate
developer licensed or exempt from
licensure under Title 58, Chapter 55,
Utah Construction Trades Licensing Act,
failed to pay a qualified beneficiary who
is entitled to payment under an agreement
with that subcontractor or supplier; or
(iii) a subcontractor who contracts with a
subcontractor or supplier failed to pay a
qualified beneficiary who is entitled to
payment under an agreement with that
subcontractor or supplier;
(d) (i) the qualified beneficiary filed:
(A) an action to recover monies owed him
within 180 days from the date the
qualified beneficiary last provided
qualified services; and
(B) filed with the division a notice of
commencement of action within 30
days from the date the qualified
beneficiary filed an action to
recover monies owed him;
(ii) the qualified beneficiary has obtained a
judgment against the person described in
Subsection (3)(c) who failed to pay the
qualified beneficiary under an agreement
to provide qualified services for
construction of that owner-occupied
residence;
(iii) (A) the qualified beneficiary has
obtained from a court of competent
jurisdiction the issuance of an
order requiring the judgment debtor,
or if a corporation any officer of
the corporation, to appear before
the court at a specified time and
place to answer concerning the
debtor's or corporation's property
and has received return of service
of the order from a person qualified
to serve documents under the Utah
Rules of Civil Procedure, Rule 4(b);
and
(B) if assets subject to execution are
discovered as a result of the order
required under Subsection
(3)(d)(iii)(A) or for any other
reason, to obtain the issuance of a
writ of execution from a court of
competent jurisdiction; or
(iv) has been precluded from obtaining a
judgment against that person because that
person filed bankruptcy; and
(e) the qualified beneficiary is not entitled to
reimbursement from any other person.
(4) To recover from the fund a laborer shall:
(a) establish that the laborer has not been paid wages
due for the work performed at the site of a
construction on an owner-occupied residence; and
(b) provide any supporting documents or information
required by rule by the division.
(5) A fee determined by the division under Section 63-38-3.2
shall be deducted from any recovery from the fund
received by a laborer.
38-11-205. Subrogation.
(1) (a) (i) The state, on behalf of the fund, has the
right of subrogation only to the extent
of payments made from the fund.
(ii) Upon payment from the fund to a claimant,
any payment to the claimant that was the
basis of the claimant's claim against the
fund shall be assigned to the fund for
the enforcement of subrogation rights by
the attorney general.
(b) The state's right of subrogation under Subsection
(1)(a) has priority over any rights of the
qualified beneficiary under the judgment or any
civil penalties imposed.
(c) The state shall be awarded attorney's fees and
court costs incurred in recovering claims paid from
the fund.
(2) (a) The attorney general shall enforce all subrogation
claims and may contract with private attorneys as
necessary to adequately enforce subrogation claims.
(b) (i) In addition to the subrogation claims the
attorney general may seek a civil fine of
$5,000 per residence for failure to
reimburse the Residence Lien Recovery
Fund within 90 days after any
disbursement from the fund resulting from
the registrant's failure to pay qualified
beneficiaries under this chapter.
(ii) All claims under the judgment have
priority over the civil penalty.
(3) The attorney general may charge the fund for costs
incurred by the attorney general under this chapter.
38-11-206. Limitations on fund balance - Payment of special
assessments.
(1) (a) If on December 31 of any year the balance in the
fund is less than $1,500,000, the division shall
make a special assessment against all qualified
beneficiaries in an amount that will restore the
unencumbered fund balance to not less than
$2,000,000 or more than $2,500,000.
(b) The amount of the special assessment shall be
determined by the division under Section
63-38-3.2(5) after consultation with the board.
(2) Special assessments made under this section shall be due
and payable on May 1 following assessment.
(3) The fund balance limitations set forth in Subsection
(1)(a) shall be used by the division only for the purpose
of determining the amount of any special assessment and
do not prohibit the fund balance from exceeding
$2,500,000 or falling below $2,000,000.
38-11-207. Reimbursement to the fund.
If the director disburses monies from the fund as a result of
a person licensed under Title 58, Chapter 55, or a qualified
beneficiary failing to pay qualified beneficiaries, the
licensee or qualified beneficiary shall reimburse the fund
within 90 days from the disbursement from the fund.
Part 3 - Registration
38-11-301. Registration as a qualified beneficiary - Initial
regular assessment.
(1) A person licensed as of July 1, 1995, as a contractor
under the provisions of Title 58, Chapter 55, Utah
Construction Trades Licensing Act, in license
classifications that regularly engage in providing
qualified services shall be automatically registered as
a qualified beneficiary upon payment of the initial
assessment.
(2) A person applying for licensure as a contractor after
July 1, 1995, in license classifications that regularly
engage in providing qualified services shall be
automatically registered as a qualified beneficiary upon
issuance of a license and payment of the initial
assessment.
(3) After July 1, 1995, any person providing qualified
services as other than a contractor as provided in
Subsection (1) or any person exempt from licensure under
the provisions of Title 58, Chapter 55, Utah Construction
Trades Licensing Act, shall register as a qualified
beneficiary by:
(a) submitting an application in a form prescribed by
the division;
(b) demonstrating registration with the Division of
Corporations and Commercial Code as required by
state law;
(c) paying a registration fee determined by the
division under Section 63-38-3.2; and
(d) paying the initial assessment established under
Subsection (4), and any special assessment
determined by the division under Subsection
38-11-206(l).
(4) (a) An applicant shall pay an initial assessment
determined by the division under Section 63-38-3.2.
(b) The initial assessment to qualified registrants
under Subsection (1) shall be made not later than
July 15, 1995, and shall be paid no later than
November 1, 1995.
(c) The initial assessment to qualified registrants
under Subsections (2) and (3) shall be paid at the
time of application for license or registration.
(5) A person shall be considered to have been registered as
a qualified beneficiary on January 1, 1995, for purposes
of meeting the requirements of Subsection
38-11-204(l)(c)(ii) if the person:
(a) (i) is licensed on or before July 1, 1995, as
a contractor under the provisions of
Title 58, Chapter 55, Utah Construction
Trades Licensing Act, in license
classifications that regularly engage in
providing qualified services; or
(ii) provides qualified services after July 1,
1995, as other than a contractor as
provided in Subsection (5)(a)(i) or is
exempt from licensure under the
provisions of Title 58, Chapter 55, Utah
Construction Trades Licensing Act; and
(b) registers as a qualified beneficiary under
Subsection (1) or (3) on or before November 1,
1995.
38-11-302. Effective date and term of registration - Penalty
for failure to pay assessments - Reinstatement.
(1) (a) A registration as a qualified beneficiary under
this chapter is effective on the date the division
receives the initial assessment of the qualified
beneficiary.
(b) A registrant shall be required to renew his
registration upon imposition of a special
assessment under Subsection 38-11-206(l).
(2) A registration automatically expires if a registrant
fails to renew his registration as required under
Subsection (1).
(3) The division shall notify a qualified beneficiary in
accordance with procedures established by rule when
renewal of registration is required in connection with a
special assessment.
(4) The license renewal notice to a contractor shall notify
the licensee that failure to renew his license will
result in automatic expiration of his registration as a
qualified beneficiary and of the limitations set forth in
Subsection (6) on qualified beneficiaries whose
registration has expired to make a claim upon the fund.
(5) Registration may be by:
(a) submitting an application for reinstatement in a
form prescribed by the division;
(b) paying a reinstatement fee determined by the
division under Section 63-38-3.2; and
(c) paying all unpaid assessments that were assessed
during the period of the person's registration and
all assessment made upon qualified beneficiaries
during the period the applicant's registration was
expired.
(6) (a) A qualified beneficiary whose registration expires
loses all rights to make a claim upon the fund or
receive compensation from the fund resulting from
providing qualified service during the period of
expiration.
(b) Except as provided in Section 58-55-401, a
qualified beneficiary whose registration expires
may make a claim upon the fund or receive
compensation from the fund for qualified services
provided during the period the qualified
beneficiary was part of the fund.
RESIDENCE LIEN RESTRICTION
AND LIEN RECOVERY FUND RULES
R156-38
Utah Administrative Code
Issued September 15, 1995
R156. Commerce, Occupational and Professional Licensing.
R156-38. Residence Lien Restriction and Lien Recovery Fund Rules.
R156-38-101. Title.
These rules are known as the "Residence Lien Restriction and
Lien Recovery Fund Act Rules."
R156-38-102. Definitions.
In addition to the definitions in Title 38, Chapter 11,
Residence Lien Restriction and Lien Recovery Fund Act; Title 58,
Chapter 1, Division of Occupational and Professional Licensing Act;
and Rule R156-1, General Rules of the Division of Occupational and
Professional Licensing, which shall apply to these rules, as used
in these rules:
(1) "Claimant" means a person who submits an application or
claim for payment from the fund.
(2) "Necessary party" includes the division, on behalf of the
fund, and the claimant.
(3) "Permissive party" includes a licensee or qualified
beneficiary who will be required to reimburse the fund if a
claimant's claim is paid from the fund.
R156-38-103a. Authority - Purpose - Organization.
(1) These rules are adopted by the division under the
authority of Section 38-11-103 to enable the division to administer
Title 38, Chapter 11, the Residence Lien Restriction and Lien
Recovery Fund Act.
(2) These organization of these rules is patterned after the
organization of Title 38, Chapter 11.
R156-38-103b. Duties, Functions, and Responsibilities of the Division.
The duties, functions and responsibilities of the division
with respect to the administration of Title 38, Chapter 11, shall,
to the extent applicable and not in conflict with the Act or these
rules, be in accordance with section 58-1-106.
R156-38-104. Board.
Board meetings shall comply with the requirements set forth in
Section R156-1-204.
R156-38-105. Adjudicative Proceedings.
(1) The classification of adjudicative proceedings initiated
under Title 38, Chapter 11 is set forth at Sections R156-46b-201
and R156-46b-202.
(2) The identity and role of presiding officers for
adjudicative proceedings initiated under Title 38, Chapter 11, is
set forth in Sections 58-1-109 and R156-1-109.
(3) Issuance of investigative subpoenas under Title.38,
Chapter 11 shall be in accordance with Subsection R156-1-110.
(4) Adjudicative proceedings initiated under Title 38, Chapter
11, shall be conducted in accordance with Title 63, Chapter 46b,
Utah Administrative Procedures Act, and Rules R151-46b and
R156-46b, Utah Administrative Procedures Act Rules for the
Department of Commerce and the Division of Occupational and
Professional Licensing, respectively, except as otherwise provided
by Title 38, Chapter 11 or these rules.
(5) Claims shall be filed with the division and served upon
all necessary and permissive parties.
(6) Service of claims or other pleadings by mail to a
qualified beneficiary of the fund addressed to the address shown on
the division's records with a certificate of service an required by
R151-46b-S, shall constitute proper service. It shall be the
responsibility of each registrant to maintain a current address
with the division.
(7) A permissive party is required to file a response to a
claim against the fund within 30 days after the filing of the
claim, to perfect the party's right to participate in the
adjudicative proceeding to adjudicate the claim.
(8) The findings of fact and conclusions of law established by
a judgment entered by a civil court or a final order entered by an
administrative agency submitted in support of or in opposition to
a claim against the fund shall not be subject to readjudication in
an adjudicative proceeding to adjudicate the claim.
(9) A party to the adjudication of a claim against the fund
may be granted a stay of the adjudicative proceeding during the
pendency of a judicial appeal of a judgment entered by a civil
court or the administrative or judicial appeal of an order entered
by an administrative agency provided:
(a) the administrative or judicial appeal is directly related
to the adjudication of the claim; and
(b) the request for the stay of proceedings is filed with the
presiding officer conducting the adjudicative proceeding and
concurrently served upon all parties to the adjudicative
proceeding, no later than the deadline for filing the appeal.
RlS6-38-108. Notification of Rights under Title 38, Chapter 11.
(1) A notice in substantially the following form shall
prominently appear in an easy-to-read type style and size in every
contract between an original contractor and owner:
"X. PROTECTION AGAINST LIENS AND CIVIL ACTION. Notice is
hereby provided in accordance with Section 38-11-108 of the Utah
Code that under Utah law an "owner" may be protected against liens
being maintained against an "owner-occupied residence" and from
other civil action being maintained to recover monies owed for
"qualified services" performed or provided by suppliers and
subcontractors as a part of this contract, if and only if the
following conditions are satisfied:
(1) the owner must enter into a written contract with either
an "original contractor" who is properly licensed or exempt from
licensure, or with a "real estate developer";
(2) required building permits must have been obtained; and
(3) the owner must pay in full the original contractor or real
estate developer or their successors or assigns in accordance with
the written contract and any written or oral amendments to the
contract."
R156-38-202a. Initial Assessment Procedures.
(1) The initial assessment shall be a flat or identical
assessment levied against all qualified beneficiaries to create the fund.
(2) The amount of the initial assessment shall be established
by the division and board in accordance with the procedures for a
"new program" under Subsection 63-38-3.2(5).
R156-38-202b. Special Assessment Procedures.
(1) Special assessments shall take into consideration the
claims history against the fund.
(2) The amount of special assessments shall be established by
the division and board in accordance with the procedures set forth
in Subsection 38-11-206(l).
R156-38-204a. Claims Against the Fund by Nonlaborers - Supporting
Documents and Information.
The following supporting documents shall, at a minimum,
accompany each nonlaborer claim for recovery from the fund:
(1) one of the following:
(a) a copy of the written contract:
(i) between the owner of the owner-occupied residence or the
owner's agent and the original contractor for the performance of
qualified services, to obtain the performance of qualified services
by others, or for the supervision of the performance by others of
qualified services in construction on the residence, together with
an affidavit from the owner establishing that the owner is the
owner as defined by Subsection 38-11-102(11) and that the residence
is an owner-occupied residence as defined by Subsection
38-11-102(12); or
(ii) between the owner of the owner-occupied residence or the
owner's agent and the real estate developer for-the purchase of an
owner-occupied residence, together with an affidavit from the owner
establishing that the owner is the owner as defined by Subsection
38-11-102(11) and that the residence is an owner-occupied residence
as defined by Subsection 38-11-102(12); or
(b) a copy of a civil judgment containing a finding that the
owner of the owner occupied residence entered into a written
contract in compliance the requirements of Subsection
38-11-204(3)(a);
(2) one of the following:
(a) a copy of the building permit issued by the local
jurisdiction in which the residence is located; or
(b) a letter from the local jurisdiction indicating that a
building permit was not required;
(3) if the claim involves an original contractor,
documentation that the original contractor is licensed or exempt
from licensure under Title 58, Chapter 55, Utah Construction Trades
Licensing Act;
(4) one of the following:
(a) an affidavit from the original contractor or real estate
developer acknowledging that the owner of the owner-occupied
residence paid the original contractor or real estate developer in
full in accordance with the written contract and any amendments to
the contract;
(b) a copy of a civil judgment containing a finding that the
owner of the owner occupied residence paid the original contractor
or real estate developer in full in accordance with the written
contract and any amendments to the contract; or
(c) documentation that the claimant has been prevented from
satisfying Subsections (a) and (b), together with independent
evidence establishing that the owner of the owner occupied
residence paid the original contractor or real estate developer in
full in accordance with the written contract and any amendments to
the contract;
(5) one or more of the following as required:
(a) a copy of an action filed by the claimant against an
original contractor, subcontractor, or real estate developer
described in Subsection 38-11-204(3)(c) to recover monies owed for
qualified services performed, filed within 180 days from the date
the claimant last provided qualified services; and
(b) a copy of the Notice of Commencement of Action filed with
the division within 30 days from the date the claimant filed the
action against the original contractor to recover monies owed for
qualified services performed; or
(c) documentation that a bankruptcy filing by the original
contractor or real estate developer prevented claimant from
satisfying Subsections (a) and (b);
(6) one of the following:
(a) a copy of a civil judgment entered in favor of claimant
against the original contractor or real estate developer containing
a finding that the original contractor or real estate developer
failed to pay the claimant pursuant to their written contract with
the claimant and any amendments to the contract; or
(b) documentation that a bankruptcy filing by the original
contractor or real estate developer prevented the claimant from
obtaining such a civil judgment, together with independent evidence
establishing that the original contractor or real estate developer
failed to pay the claimant pursuant to their written contract with
the claimant and any amendments to the contract;
(7) one or more of the following as required:
(a) a copy of a supplemental order issued following the civil
judgment entered in favor or claimant;
(b) a copy of the return of service of the supplemental order;
(c) a writ of execution issued if any assets are identified
through the supplemental order or other process; and
(d) a return of execution of any writ of execution; or
(e) documentation that a bankruptcy filing or other action by
the original contractor or real estate developer prevented the
claimant from satisfying Subparagraphs (a) through (d); and
(8) certification that the claimant is not entitled to
reimbursement from any other person at the time the claim is filed
and that the claimant will immediately notify the presiding officer
if the claimant becomes entitled to reimbursement from any other
person after the date the claim is filed.
R156-38-204b. Format for Notice of Commencement of Action.
The Notice of Commencement required under Subsection
R156-38-204a(S)(b) shall be in substantially the following format:
TABLE I
BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING
OF THE DEPARTMENT OF COMMERCE
OF THE STATE OF UTAH
John Doe, : Notice of Commencement
Plaintiff : of Action
:
-vs- : Case No.
:
Richard Roe, :
Defendant :
Notice is hereby provided of the filing of Case No. (number)
on (date) before (Court).
Brief explanation of nature of case:
Amount of damages sought in case:
Address of Defendant:
Name and address of Potential fund claimant:
Name and address of original contractor, subcontractor, and/or
real estate developer described in Subsection 38-11-204(3)(c):
Name and address of the owner of the owner occupied residence:
Street address of the owner occupied residence:
R156-38-204c. Claims Against the Fund by Laborers - Supporting Documents.
(1) The following supporting documents shall, at a minimum,
accompany each laborer claim for recovery from the fund:
(a) one of the following:
(i) a copy of a wage claim assignment filed with the
Industrial Commission of the Utah Labor Division for the amount of
the claim, together with all supporting documents submitted in
conjunction therewith; or
(ii) a copy of an action filed by claimant against claimant's
employer to recover wages owed;
(b) one of the following:
(1) a copy of a final administrative order for payment issued
by the Industrial Commission of Utah Labor Division containing a
finding that the claimant is an employee and that the claimant has
not been paid wages due for work performed at the site of
construction on an owner-occupied residence;
(ii) a copy of a civil judgment entered in favor of claimant
against the employer containing a finding that the employer failed
to pay the claimant wages due for work performed at the site of
construction on an owner-occupied residence; or
(iii) a copy of a bankruptcy filing by the employer which
prevented the entry of an order or a judgment against the employer.
R156-38-301. Registration as a Qualified Beneficiary - All License Classifications
Required to Register Unless Specifically Exempted - Exempted Classifications.
(1) All license classifications of contractors are determined
to be regularly engaged in providing qualified services for
purposes of automatic registration as a qualified beneficiary, as
set forth in Subsections 38-11-301(l) and (2), with the exception
of the following license classifications:
TABLE 11
Primary
Classification Subclassification
Number Number Classification
E100 General Engineering Contractor
S211 Boiler Installation Contractor
S262 Granite and Pressure Grouting
Contractor
S320 Steel Erection Contractor
S322 Metal Building Erection
Contractor
S323 Structural Stud Erection
Contractor
S340 Sheet Metal Contractor
S360 Refrigeration Contractor
S440 Sign Installation Contractor
S441 Non Electrical outdoor
Advertising Sign Contractor
S450 Mechanical Insulation Contractor
S470 Petroleum System Contractor
S480 Piers and Foundations Contractor
I101 General Engineering Trades
Instructor
I102 General Building Trades
Instructor
I103 General Electrical Trades
Instructor
I104 General Plumbing Trades
Instructor
I105 General Mechanical Trades
Instructor
(2) Any person holding a license requiring registration in
the fund that is on inactive status on July 1, 1995, with respect
to the initial assessment of the fund, or on the assessment date of
any special assessment of the fund, shall be exempt from payment of
that specific assessment and any assessment made during the time
the license remains on inactive status and the licensee does not
engage in the licensed occupation or profession.
(3) Before a licensee on inactive status, who would otherwise
be required to pay an assessment, can be reinstated to an active
status, the licensee must pay:
(a) the initial assessment of $195 assessed July 1, 1995, if
that assessment has never been paid by that licensee; and
(b) the most recent special assessment immediately preceding
the date on which the license is reinstated to active status.
RIS6-38-302. Renewal and Reinstatement Procedures.
(1) Renewal notices required in connection with a special
assessment shall be mailed to each registrant at least 30 days
prior to the expiration date for the existing registration
established in the renewal notice. Unless the registrant pays the
special assessment by the expiration date shown on the renewal
notice, the registrant's registration in the fund automatically
expires on the expiration date.
(2) Renewal notices shall be sent by letter deposited in the
post office with postage prepaid, addressed to the last address
shown on the division's records. Such mailing shall constitute
legal notice. It shall be the duty and responsibility of each
registrant to maintain a current address with the division.
(3) Renewal notices shall specify the amount of the special
assessment, the application requirement, and other renewal
requirements, if any; shall require that each registrant document
or certify that the registrant meets the renewal requirements; and
shall advise the registrant of the consequences of failing to renew
a registration.
(4) Renewal notices shall specify a renewal application due
date no later than the expiration date for the existing
registration.
(5) Renewal applications must be received by the division in
its ordinary course of business on or before the renewal
application due date in order to be processed as a renewal
application. Late applications will be processed as reinstatement
applications.
(6) A registrant whose registration has expired may have the
registration reinstated by complying with the requirements and
procedures specified in Subsection 38-11-302(5).
KEY: licensing, contractors, liens
Effective September 15, 1995 -(38-11-101)-(58-1-106(l) -(58-1-202(l)
DIVISION OF OCCUPATIONAL AND
PROFESSIONAL LICENSING ACT
Title 58, Chapter I
Utah Code Annotated 1953
As Amended by
Session Laws of Utah 1994
Issued May 2, 1994
INDEX
58-1-101. Short title 1
58-1-102. Definitions 1
58-1-103. Division created to administer licensing laws 1
58-1-104. Director of division - Appointment - Duties 1
58-1-105. Employment of staff 1
58-1-106. Division - Duties, functions, and responsibilities 1
58-1-107. Applicability - Relationship to specific chapters
under title 2
58-1-108. Adjudicative proceedings 2
58-1-109. Presiding officers - Content of orders - Recommended
orders
- Final orders - Appeals of orders 2
58-1-201. Boards - Appointment - Membership Terms - Vacancies -
Quorum
- Per them and expenses - Chairman Financial interest
or faculty position in professional school teaching
continuing education prohibited 3
58-1-202. Boards - Duties, functions, and responsibilities 3
58-1-203. Duties, functions, and responsibilities of division
in collaboration with board 4
58-1-301. License application 4
58-1-302. License by endorsement 4
58-1-303. Temporary license 4
58-1-304. Restricted license 5
58-1-305. Inactive license 5
58-1-306. Surrender of license 5
58-1-307. Exemptions from licensure 6
58-1-308. Term of license - Expiration of license - Renewal of
license
- Reinstatement of license - Application procedures 7
58-1-309. Laws and rules examination 8
58-1-401. Grounds for denial of license - Disciplinary
proceedings - Sanctions. 8
58-1-402. Administrative review - Special appeals boards 8
58-1-403. Minimum 90-day suspension 9
58-1-404. Diversion - Procedure 9
58-1-501. Unlawful and unprofessional conduct 10
58-1-502. Unlawful conduct - Penalty 11
58-1-503. Maximum civil penalty for violation of court order 11
DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING ACT
Part 1 - Division Administration
58-1-101. Short title.
This chapter is known as the "Division of occupational and Professional Licensing Act."
58-1-102. Definitions.
For purpose of this title:
(1) "Department" means the Department of Commerce.
(2) "Director" means the director of the Division of
Occupational and Professional Licensing.
(3) "Division" means the Division of occupational and
Professional Licensing created in Section 58-1-103.
(4) "Executive director" means the executive director of the
Department of Commerce.
(5) "Licensee" includes any holder of a license,
certificate, registration, permit, student card or
apprentice card authorized under this title.
(6) "Unlawful conduct" has the meaning given in Subsection
58-1-501(l).
(7) "Unprofessional conduct" has the meaning given in
Subsection 58-1-501(2).
58-1-103. Division created to administer licensing laws.
There is created within the Department of Commerce the
Division of occupational and Professional Licensing. The
division shall administer and enforce all licensing laws of
Title 58.
58-1-104. Director of division - Appointment - Duties.
(1) The-division shall be under the supervision, direction
and control of a director. The director shall be
appointed by the executive director with the approval of
the governor. The director shall hold office at the
pleasure of the governor.
(2) The director shall perform all duties, functions and
responsibilities assigned to the division by law or rule
and, where provided, with the collaboration and
assistance of the boards established under this title.
58-1-105. Employment of staff.
The director, with the approval of the executive director, may
employ necessary staff, including specialists and
professionals, to assist him in performing the duties,
functions and responsibilities of the division.
58-1-106. Division - Duties, functions, and responsibilities.
The duties, functions and responsibilities of the division
include the following:
(1) prescribing, adopting and enforcing rules to administer
this title;
(2) investigating the activities of any person whose
occupation or profession is regulated or governed by the
laws and rules administered and enforced by the division;
(3) subpoenaing witnesses, taking evidence, and requiring by
subpoena duces tecum the production of any books, papers,
documents, records, contracts, recordings, tapes,
correspondence, or information relevant to an
investigation upon a finding of sufficient need by the
director or his designee;
(4) taking administrative and judicial action against persons
in violation of the laws and rules administered and
enforced by the division, including the issuance of cease
and desist orders;
(5) seeking injunctions and temporary restraining orders to
restrain unauthorized activity;
(6) giving public notice of board meetings;
(7) keeping records of board meetings, proceedings and
actions and making those records available for public
inspection upon request;
(8) issuing, refusing to issue, revoking, suspending,
renewing, refusing to renew or otherwise acting upon any
license;
(9) preparing and submitting to the governor and the
Legislature an annual report of the division's
operations, activities and goals;
(10) preparing and submitting to the executive director a
budget of the expenses for the division;
(11) establishing the time and place for the administration of
examinations; and
(12) preparing lists of licensees and making these lists
available to the public at cost upon request unless
otherwise prohibited by state or federal law.
58-1-107. Applicability - Relationship to specific chapters under title.
The provisions of this chapter uniformly apply to the
administration and enforcement of this title. However, unless
expressly prohibited in this chapter, any provision of this
chapter may be supplemented or altered by specific chapters of
this title.
58-1-108. Adjudicative proceedings.
(1) The division and all boards created under the authority
of this title shall comply with the procedures and
requirements of Title 13, Chapter 1, Department of
Commerce, and Title 63, Chapter 46b, Administrative
Procedures Act, in all of their adjudicative proceedings
as defined by Subsection 63-46b-2(l).
(2) Before proceeding under Section 63-46b-20, the division
shall review the proposed action with a committee of no
less than three licensees appointed by the chairman of
the licensing board created under this title for the
profession of the person against whom the action is
proposed.
(3) Notwithstanding Title 63, Chapter 46b, Administrative
Procedures Act, a warning or final disposition letter,
which does not constitute disciplinary action against the
addressee, issued in response to a complaint of
unprofessional or unlawful conduct under this title, does
not constitute an adjudicative proceeding.
58-1-109. Presiding officers - Content of orders - Recommended
orders Final orders Appeals of orders.
(1) Unless otherwise specified by statute or rule, the
presiding officer for adjudicative proceedings before the
division shall be the director. However, pursuant to
Title 63, Chapter 46b, Administrative Procedures Act, the
director may designate in writing an individual or body
of individuals to act as presiding officer to conduct or
to assist the director in conducting any part or all of
an adjudicative proceeding.
(2) Unless otherwise specified by the director, an
administrative law judge shall be designated as the
presiding officer to conduct formal adjudicative
proceedings in accordance with Subsection 63-46b-1(4),
Sections 63-46b-6 through 63-46b-9, and 63-46b-11.
(3) Unless otherwise specified by the director, the licensing
board of the occupation or profession that is the subject
of the proceedings shall be designated as the presiding
officer to serve as fact finder at the evidentiary
hearing in a formal adjudicative proceeding.
(4) At the close of an evidentiary hearing in an adjudicative
proceeding, unless otherwise specified by the director,
the presiding officer who served as the fact finder at
the hearing shall issue a recommended order based upon
the record developed at the hearing determining all
issues pending before the division.
(5) (a) The director shall issue a final order affirming
the recommended order or modifying or rejecting all
of any part of the recommended order and entering
new findings of fact, conclusions of law, statement
of reasons, and order based upon the director's
personal attendance at the hearing or a review of
the record developed at the hearing. Before
modifying or rejecting a recommended order, the
director shall consult with the presiding officer
who issued the recommended order.
(b) If the director issues a final order modifying or
rejecting a recommended order, the licensing board
of the occupation or profession that is the subject
of the proceeding may, by a two-thirds majority
vote of all board members, petition the executive
director or designee within the department to
review the director's final order. The executive
director's decision shall become the final order of
the division. This subsection does not limit the
right of the parties to appeal the director's final
order by filing a request for agency review under
Subsection (8).
(6) If the director is unable for any reason to rule upon a
recommended order of a presiding officer, the director
may designate another person within the division to issue
a final order.
(7) If the director or his designee does not issue a final
order within 20 calendar days after the date of the
recommended order of the presiding officer, the
recommended order becomes the final order of the director
or his designee.
(8) The final order of the director may be appealed by filing
a request for agency review with the executive director
or his designee within the department.
(9) The content of all orders shall comply with the
requirements of Subsection 63-46b-5(l)(i) and Sections
63-46b-10 and 63-46b-11.
Part 2 Boards
58-1-201. Boards - Appointment - Membership Terms - Vacancies -
Quorum - Per them and expenses - Chairman - Financial interest or
faculty position in professional school teaching continuing
education prohibited.
(1) (a) The executive director shall appoint the members of
the boards established under this title. In
appointing these members the executive director
shall give consideration to recommendations by
members of the respective occupations and
professions and by their organizations.
(b) Each board shall be composed of five members, four
of whom shall be licensed or certified
practitioners in good standing of the occupation or
profession the board represents, and one of whom
shall be a member of the general public, unless
otherwise provided under the specific licensing
chapter.
(c) The names of all persons appointed to boards shall
be submitted to the governor for confirmation or
rejection. If an appointee is rejected by the
governor, the executive director shall appoint
another person in the same manner as set forth in
Subsection (a).
(d) The term of office of each board member appointed
after June 30, 1985, shall be five years, except
that in the case of boards established after June
30, 1985, the term of office of the first member
appointed shall be one year, the term of office of
the second member appointed shall be two years, the
term of office of the third member appointed shall
be three years, the term of office of the fourth
member shall be four years, and the term of office
of the fifth member appointed, who shall be the
member of the general public, shall be five years.
If the board consists of more than five members,
the executive director of the department shall
establish a schedule of appointments to membership
on the board as nearly consistent with the schedule
established in this Subsection (d) as possible.
(e) A board member may not serve more than two
consecutive terms, and a board member who ceases to
serve on a board may not serve again on that board
until after the expiration of a two-year period
beginning from that cessation of service.
(f) If a vacancy in the board occurs, the executive
director shall appoint a replacement to fill the
unexpired term. After filling that term, the
replacement may be appointed for only one
additional full term.
(g) If a board member fails or refuses to fulfill the
responsibilities and duties of a board member,
including the attendance at board meetings, the
executive director with the approval of the board
may remove the board member and replace the member
in accordance with this section.
(2) A majority of the board members constitutes a quorum. A
quorum is sufficient authority for the board to act.
(3) Each board member shall receive a per them allowance for
every day or portion of a day actually spent in the
performance of board duties approved by the director and
all necessary traveling and accommodation expenses
actually incurred in the discharge of these approved
duties.
(4) Each board shall annually designate one of its members to
serve as chairman for a one-year period.
(5) A board member may not be a member of the faculty of or
have any financial interest in any vocational or
professional college or school which provides continuing
education to any licensee if that continuing education is
required by statute or rule.
58-1-202. Boards - Duties, functions, and responsibilities.
The duties, functions and responsibilities of each board
include the following:
(1) recommending to the director appropriate rules;
(2) recommending to the director policy and budgetary
matters;
(3) approving and establishing a passing score for applicant
examinations;
(4) screening applicants and recommending licensing, renewal,
reinstatement and relicensure actions to the director in
writing;
(5) assisting the director in establishing standards of
supervision for students or persons in training to become
qualified to obtain a license in the occupation or
profession it represents; and
(6) acting as presiding officer in conducting hearings
associated with adjudicative proceedings and in issuing
recommended orders when so designated by the director.
58-1-203. Duties, functions, and responsibilities of division in
collaboration with board.
The following duties, functions and responsibilities of the
division shall be performed by the division with the
collaboration and assistance of the appropriate board:
(1) defining which schools, colleges, universities,
departments of universities or other institutions of
learning are reputable and in good standing with the
division;
(2) prescribing license qualifications;
(3) prescribing rules governing applications for licenses;
(4) providing for a fair and impartial method of examination
of applicants;
(5) defining unprofessional conduct, by rule, to supplement
the definitions under this chapter or other licensing
chapters;
(6) establishing advisory peer committees to the board and
prescribing their scope of authority; and
(7) establishing conditions for reinstatement and renewal of licenses.
Part 3 - Licensing
58-1-301. License application.
(1) Each license applicant shall apply to the division in
writing upon forms available from the division. Each
completed application shall contain documentation of the
particular qualifications required of the applicant,
shall be verified by the applicant and shall be
accompanied by the appropriate fees.
(2) (a) A license shall be issued to an applicant who
submits-a complete application if the division
determines that the applicant meets the
qualifications of licensure.
(b) A written notice of additional proceedings shall be
provided to an applicant who submits a complete
application, but who has been, is, or will be
placed under investigation by the division for
conduct directly bearing upon his qualifications
for licensure, if the outcome of additional
proceedings is required to determine the division's
response to the application.
(c) A written notice of denial of licensure shall be
provided to an applicant who submits a complete
application if the division determines that the
applicant does not meet the qualifications of
licensure.
(d) A written notice of incomplete application and
conditional denial of licensure shall be provided
to an applicant who submits an incomplete
application. This notice shall advise the
applicant that the application is incomplete and
that the application is denied, unless the
applicant corrects the deficiencies within the time
period specified in the notice and otherwise meets
all qualifications for licensure.
(3) Before any person is issued a license under this title,
all requirements for that license as established under
this title and by rule shall be met.
(4) If all requirements are met for the specific license, the
division shall issue the license.
58-1-302. License by endorsement.
The division may issue a license without examination to a
person who has been licensed in any state, district or
territory of the United States or in any foreign country,
whose education, experience and examination requirements are,
or were at the time the license was issued, equal to those of
this state. Before any person may be issued a license under
this section, he shall produce satisfactory evidence of his
qualifications, identity, and good standing in his occupation
or profession.
58-1-303. Temporary license.
(1) (a) The division may issue a temporary license to a
person who has met all license requirements except
the passing of an examination. In this case:
(i) the licensee shall take the next
available examination; and
(ii) the temporary license automatically
expires upon release of official
examination results if the applicant
fails the examination.
(b) The division may issue a temporary license to a
person licensed in another state or country who is
in Utah temporarily to teach or assist a Utah
resident licensed to practice an occupation or
profession under this title.
(c) The division may issue a temporary license to a
person licensed in another state who met the
requirements for licensure in that state, which
were equal to or greater than the requirements for
licensure of this state at the time the license was
obtained in the other state, upon a finding by the
division, in collaboration with the appropriate
board, that the issuance of a temporary license is
necessary to or justified by:
(i) a local or national emergency or any
governmental action causing an unusual
circumstance that might be reasonably
considered to materially jeopardize the
public health, safety, or welfare if a
temporary license is not issued;
(ii) a lack of necessary available services in
any community or area of the state from
an occupation or profession licensed
under this title, if the lack of services
might be reasonably considered to
materially jeopardize the public health,
safety, or welfare if a temporary license
is not issued; or
(iii) a need to first observe an applicant for
licensure in this state in a monitored or
supervised practice of the applicant's
occupation or profession before a
decision is made by the division either
to grant or deny the applicant a regular
license.
(2) The division may not issue a temporary license to a
person who qualifies for one under Subsection (1)(a) more
than three consecutive times within the three-year period
immediately following the issuance of the first temporary
license.
(3) The division may not issue a temporary license to a
person solely because there is a competitive advantage
enjoyed or a competitive disadvantage suffered by any
party caused by the absence of a licensed person, unless
in addition there is or will be a material risk presented
to the public health, safety, or welfare.
58-1-304. Restricted license.
(1) The division may issue a restricted license to an
applicant for licensure, renewal, or reinstatement of
licensure if:
(a) the applicant appears to meet the qualifications
for licensure, but has engaged in unlawful,
unprofessional, or other conduct bearing upon the
applicant's qualifications; and
(b) the division determines the need to observe the
applicant in a monitored or supervised practice of
the applicant's occupation or profession or to
attach other reasonable restrictions upon the
applicant in order to accommodate licensure, while
protecting the public health, safety, and welfare.
(2) Issuance of a restricted license is considered a partial
denial of licensure that is subject to agency review.
58-1-305. Inactive license.
(1) The division may adopt rules permitting inactive
licensure. The rules shall specify the requirements and
procedures for placing a license on inactive status, the
length of time a license may remain on inactive status,
and the requirements and procedures to activate an
inactive license.
(2) Except as otherwise specified by rule, an inactive
licensee has no right or privilege to engage in the
practice of the licensed occupation or profession.
58-1-306. Surrender of license.
(1) The division may, by written agreement, accept the
voluntary surrender of a license.
(2) Unless otherwise stated in the written agreement, tender
and acceptance of a voluntary surrender of a license does
not foreclose the division from pursuing additional
disciplinary or other action authorized under this title
or in rules adopted under this title.
(3) Unless otherwise stated in the written agreement, tender
and acceptance of a voluntary surrender of a license
terminates all rights and privileges associated with the
license.
(4) Unless otherwise stated in the written agreement, the
surrendered rights and privileges of licensure may be
reacquired only by reapplying for licensure and meeting
the requirements for a new or reinstated license set
forth under this title or in rules adopted under this
title.
(5) Unless otherwise stated in the written agreement,
documentation of tender and acceptance of a voluntary
surrender of a license is a public record.
(6) Unless otherwise stated in the written agreement, when a
tender and acceptance of a voluntary surrender of a
license occurs while adjudicative proceedings are pending
against the licensee for unprofessional or unlawful
conduct, the division may report the surrender of license
to appropriate state and federal agencies and licensing
data banks.
58-1-307. Exemptions from licensure.
(1) Except as otherwise provided by statute or rule, the
following persons may engage in the practice of their
occupation or profession, subject to the stated
circumstances and limitations, without being licensed
under this title:
(a) a person serving in the armed forces of the United
States, the United States Public Health Service,
the United States Department of Veterans Affairs,
or other federal agencies while engaged in
activities regulated under this chapter as a part
of employment with that federal agency if the
person holds a-valid license to practice a
regulated occupation or profession issued by any
other state or jurisdiction recognized by the
division;
(b) a student engaged in activities constituting the
practice of a regulated occupation or profession
while in training in a recognized school approved
by the division to the extent the activities are
supervised by qualified faculty, staff, or designee
and the activities are a defined part of the
training program;
(c) an individual engaged in an internship, residency,
preceptorship, postceptorship, fellowship,
apprenticeship, or on-the-job training program
approved by the division while under the
supervision of qualified persons;
(d) an individual residing in another state and
licensed to practice a regulated occupation or
profession in that state, who is called in for a
consultation by an individual licensed in this
state, and the services provided are limited to
that consultation;
(e) an individual who is invited by a recognized
school, association, society, or other body
approved by the division to conduct a lecture,
clinic, or demonstration of the practice of a
regulated occupation or profession if the
individual does not establish a place of business
or regularly engage in the practice of the
regulated occupation or profession in this state;
(f) an individual licensed under the laws of this
state, other than under this title, to practice or
engage in an occupation or profession, while
engaged in the lawful, professional, and competent
practice of that occupation or profession;
(g) an individual licensed in a health care profession
in another state who performs that profession while
attending to the immediate needs of a patient for a
reasonable period during which the patient is being
transported from outside of this state, into this
state, or through this state; and
(h) an individual licensed in another state or country
who is in this state temporarily to attend to the
needs of an athletic team or group, except that the
practitioner may only attend to the needs of the
athletic team or group, including all individuals
who travel with the team or group in any capacity
except as a spectator.
(2) A practitioner temporarily in this state who is exempted
from licensure under Subsection (1) shall comply with
each requirement of the licensing jurisdiction from which
the practitioner derives authority to practice.
Violation of any limitation imposed by this section
constitutes grounds for removal of exempt status, denial
of license, or other disciplinary proceedings.
(3) An individual who is licensed under a specific chapter of
this title to practice or engage in an occupation or
profession may engage in the lawful, professional, and
competent practice of that occupation or profession
without additional licensure under other chapters of this
title, except as otherwise provided by this title.
(4) Upon the declaration of a national, state, or local
emergency, the division in collaboration with the board
may suspend the requirements for permanent or temporary
licensure of persons who are licensed in another state.
Persons exempt under this subsection shall be exempt from
licensure for the duration of the emergency while engaged
in the scope of practice for which they are licensed in
the other state.
58-1-308. Term of license - Expiration of license - Renewal of
license - Reinstatement of license - Application procedures.
(1) Each license issued under this title shall be issued in
accordance with a two-year renewal cycle established by
rule. A renewal period may be extended or shortened by
as much as one year to maintain established renewal
cycles or to change an established renewal cycle.
(2) The expiration date of a license shall be shown on the
license. A license that is not renewed prior to the
expiration date shown on the license automatically
expires.
(a) A license automatically expires prior to the
expiration date shown on the license upon the death
of a licensee who is a natural person, or upon the
dissolution of a licensee that is a partnership,
corporation, or other business entity.
(b) If the existence of a dissolved partnership,
corporation, or other business entity is reinstated
prior to the expiration date shown upon the
entity's expired license issued by the division,
the division shall, upon written application,
reinstate the applicant's license, unless it finds
that the applicant no longer meets the
qualifications for licensure.
(c) Expiration of licensure is not an adjudicative
proceeding under Title 63, Chapter 46b,
Administrative Procedures Act.
(3) (a) The division shall notify each licensee in
accordance with procedures established by rule that
the licensee's license is due for renewal and that
unless an application for renewal is received by
the division by the expiration date shown on the
license, together with the appropriate renewal fee
and documentation showing completion of or
compliance with renewal qualifications, the license
will not be renewed.
(b) Examples of renewal qualifications which by statute
or rule the division may require the licensee to
document completion of or compliance with include:
(i) continuing education;
(ii) continuing competency;
(iii) quality assurance;
(IV) utilization plan and protocol;
(v) financial responsibility;
(vi) certification renewal; and
(vii) calibration of equipment.
(4) (a) An application for renewal that complies with
Subsection (3) is complete. A renewed license
shall be issued to applicants who submit a complete
application, unless it is apparent to the division
that the applicant no longer meets the
qualifications for continued licensure.
(b) The division may evaluate or verify documentation
showing completion of or compliance with renewal
requirements on an entire population or a random
sample basis, and may be assisted by advisory peer
committees. If necessary, the division may
complete its evaluation or verification subsequent
to renewal and, if appropriate, pursue action to
suspend or revoke the license of a licensee who no
longer meets the qualifications for continued
licensure.
(c) The application procedures specified in Section
58-1-301(2), apply to renewal applications to the
extent they are not in conflict with this section.
(5) Any license that is not renewed may be reinstated at any
time within two years after nonrenewal upon submission of
an application for reinstatement, payment of the renewal
fee together with a reinstatement fee determined by the
department under Section 63-38-3.2, and upon submission
of documentation showing completion of or compliance with
renewal qualifications. The application procedures
specified in Subsection 58-1-301(2) apply to the
reinstatement applications to the extent they are not in
conflict with this section.
(6) (a) If not reinstated within two years, the holder may
obtain a license only if he meets requirements
provided by the division by rule or by statute for
a new license.
(b) Each licensee under this title who has been active
in the licensed occupation or profession while in
the full-time employ of the United States
government or under license to practice that
occupation or profession in any other state or
territory of the United States may reinstate his
license without taking an examination by submitting
an application for reinstatement, paying the
current annual renewal fee and the reinstatement
fee, and submitting documentation showing
completion of or compliance with any renewal
qualifications at any time within six months after
reestablishing domicile within Utah or terminating
full-time government service.
58-1-309. Laws and rules examination.
In addition to qualifications for licensure or renewal of
licensure enumerated in specific practice acts under this
title, the division may by rule require an applicant to pass
an examination of the laws and rules relevant to the
occupation or profession to ensure familiarity with these laws
and rules.
Part 4 License Denial
58-1-401. Grounds for denial of license Disciplinary proceedings -
Sanctions.
(1) The division shall refuse to issue a license to an
applicant and shall refuse to renew or shall revoke,
suspend, restrict, place on probation, or otherwise act
upon the license of a licensee who does not meet the
qualifications for licensure under this title.
(2) The division may refuse to issue a license to an
applicant and may refuse to renew or may revoke, suspend,
restrict, place on probation, issue a public or private
reprimand to, or otherwise act upon the license of any
licensee in any of the following cases:
(a) the applicant or licensee has engaged in
unprofessional conduct, as defined by statute or
rule under this title;
(b) the applicant or licensee has engaged in unlawful
conduct as defined by statute under this title;
(c) the applicant or licensee has been determined to be
mentally incompetent for any reason by a court of
competent jurisdiction; or
(d) the applicant or licensee is unable to practice the
occupation or profession with reasonable skill and
safety because of illness, drunkenness, excessive
use of drugs, narcotics, chemicals, or any other
type of material, or as a result of any other
mental or physical condition, when the licensee's
condition demonstrates a threat or potential threat
to the public health, safety, or welfare.
(3) Any licensee whose license to practice an occupation or
profession regulated by this title has been suspended,
revoked, or restricted may apply for reinstatement of the
license at reasonable intervals and upon compliance with
any conditions imposed upon the licensee by statute,
rule, or terms of the license suspension, revocation, or
restriction.
(4) The division may issue cease and desist orders;
(a) to a licensee or applicant who may be disciplined
under Subsection (1) or (2);
(b) to any person who engages in or represents himself
to be engaged in an occupation or profession
regulated under this title; and
(c) to any person who otherwise violates this title or
any rules adopted under this title.
58-1-402. Administrative review - Special appeals boards.
(1) (a) Any applicant who has been denied a license to
practice on the basis of credentials, character, or
failure to pass a required examination, or who has
been refused renewal or reinstatement of a license
to practice on the basis that the applicant does
not meet qualifications for continued licensure in
any occupation or profession under the jurisdiction
of the division may submit a request for agency
review to the executive director within 30 days
following notification of the denial of a license
or refusal to renew or reinstate a license.
(b) The executive director shall determine whether the
circumstances for denying an application for an
initial license or for renewal or reinstatement of
a license would justify calling a special appeals
board under Subsection (2). The executive
director's decision is not subject to agency
review.
(2) A special appeals board shall consist of three members
appointed by the executive director as follows:
(a) one member from the occupation or profession in
question who is not on the board of that occupation
or profession;
(b) one member from the general public who is neither
an attorney nor a practitioner in an occupation or
profession regulated by the division; and
(c) one member who is a resident lawyer currently
licensed to practice law in this state who shall
serve as chair of the special appeals board.
(3) The special appeals board shall comply with the
procedures and requirements of Title 63, Chapter 46b,
Administrative Procedures Act, in its proceedings.
(4) (a) Within a reasonable amount of time following the
conclusion of a hearing before a special appeals
board, the board shall enter an order based upon
the record developed at the hearing. The order
shall state whether a legal basis exists for
denying the application for an initial license or
for renewal or reinstatement of a license that is
the subject of the appeal. The order is not
subject to further agency review.
(b) The division or the applicant may obtain judicial
review of the decision of the special appeals board
in accordance with Sections 63-46b-14 and
63-46b-16.
(5) The special appeals board shall be paid a per them
allowance at the,same rate as the members of the
respective boards pursuant to Section 58-1-201.
(6) if an applicant under Subsection (1) is not given a
special appeals board, the applicant shall be given
agency review under ordinary agency review procedures
specified by rule.
58-1-403. Minimum 90-day suspension.
A license may not be reinstated subsequent to action taken
under Section 58-1-401 within 90 days after the action has
been taken, unless the division in collaboration with the
appropriate board imposes other conditions.
58-1-404. Diversion - Procedure.
(1) As used in this section, "diversion" means suspending
action to discipline a licensee charged with certain
offenses within the category of unprofessional conduct on
the condition that the licensee agrees to participate in
an educational or rehabilitation program or fulfill some
other condition.
(2) (a) The director may establish, as circumstances
require, a diversion advisory committee for each
occupation or profession licensed by the division.
The committees shall assist the director in the
administration of this section.
(b) Each committee shall consist of three licensees
from the same occupation or profession as the
person whose conduct is the subject of the
committee's consideration. The members of a
diversion advisory committee shall be nominated by
the corresponding board established for the same
occupation or profession under Section 58-1-201.
Committee members may not serve concurrently as
members of the corresponding board. Committee
members shall serve voluntarily without
remuneration. The director may dissolve any
diversion advisory committee, remove or request the
replacement of any member of a committee, and
establish any procedure that is necessary and
proper for a committee's administration.
(3) The director may, after consultation with the appropriate
diversion advisory committee and by written agreement
with the licensee, divert the licensee to a diversion
program, at any time after receipt of a complaint, prior
to notifying a licensee that formal disciplinary action
for unprofessional conduct is being considered against
the licensee, or prior to the conclusion of a hearing
under Section 58-1-108.
(4) The division shall define by rule the particular offenses
with the category of unprofessional conduct which may be
subject to diversion. A licensee may be eligible for a
diversion program only once for the same or similar
offense and is not eligible if previously disciplined by
the division, by a licensing agency of another state, or
by a federal government agency for the same or similar
offense. Diversion programs may not be longer than two
years. A decision by the director not to divert a
licensee is not subject to appeal or judicial review.
(5) A licensee may be represented by counsel during the
negotiations for diversion, at the time of the execution
of the diversion agreement, and at any heating before the
director relating to a diversion program.
(6) Any diversion agreement entered into between the division
and the licensee shall contain a full detailed statement
of the requirements agreed to by the licensee and the
reasons for diversion.
(7) A diversion agreement may not be approved unless the
licensee in the agreement knowingly and intelligently
waives the right to a hearing under Section 58-1-108.
(8) The director shall dismiss the charges against a licensee
who has completed the requirements of his diversion
agreement. The licensee may not thereafter be subject to
disciplinary action for the conduct involved.
(9) Diversion is not a determination that charges have been
proven. If the charges are dismissed following diversion,
the matter shall be treated as if the charge had never
been filed, except the fact that a licensee has completed
a diversion program and the terms and conditions of the
diversion program may be considered by the division in
determining appropriate disciplinary action to be taken
in the event the licensee is charged in the future with
the same or a similar offense. No reporting or release
of information regarding the diversion program of an
individual licensee or the fact that charges were filed
may be made to anyone outside the division. The licensee
may not be required to report to any person, agency, or
corporation the fact that he has been subject to a
diversion program if the licensee successfully complete
the diversion program. Negotiations or hearings
regarding diversion may not be subject to the
requirements of Title 52, Chapter 4, open and Public Meetings.
(10) If, during the course of the diversion of a licensee,
information is brought to the attention of the director
that the licensee has violated the diversion agreement,
and if it appears in the best interest of the public to
proceed with the charges, the director after consultation
with the diversion advisory committee, shall cause to be
served on the licensee an order to show cause specifying
the facts relied upon by the director to terminate
diversion and which sets a time and place for a hearing
to determine whether or not the licensee has violated the
diversion agreement. If, after the hearing, the director
finds that the licensee has failed to comply with any
terms or conditions of the diversion agreement, the
director shall proceed with the charges against the
licensee which resulted in the diversion agreement plus
any additional charges of unprofessional conduct arising
from a violation of the diversion agreement.
Part 5 - Unlawful/Unprofessional conduct
58-1-501. Unlawful and unprofessional conduct.
(1) "Unlawful conduct" means conduct, by any person, that is
defined as unlawful under this title and includes:
(a) practicing or engaging in, representing oneself to
be practicing or engaging in, or attempting to
practice or engage in any occupation or profession
requiring licensure under this title if the person
is:
(i) not licensed to do so or not exempted
from licensure under this title; or
(ii) restricted from doing so by a suspended,
revoked, restricted, temporary,
probationary, or inactive license;
(b) impersonating another licensee or practicing an
occupation or profession under a false or assumed
name, except as permitted by law;
(c) knowingly employing any other person to practice or
engage in or attempt to practice or engage in any
occupation or profession licensed under this title
if the employee is not licensed to do so under this
title;
(d) knowingly permitting the person's authority to
practice or engage in any occupation or profession
licensed under this title to be used by another,
except as permitted by law; or
(e) obtaining a passing score on a licensure
examination, applying for or obtaining a license,
or otherwise dealing with the division or a
licensing board through the use of fraud, forgery,
or intentional deception, misrepresentation,
misstatement, or omission.
(2) "Unprofessional conduct" means conduct, by a licensee or
applicant, that is defined as unprofessional conduct
under this title or under any rule adopted under this
title and includes:
(a) violating, or aiding or abetting any other person
to violate, any statute, rule, or order regulating
an occupation or profession under this title;
(b) violating, or aiding or abetting any other person
to violate, any generally accepted professional or
ethical standard applicable to an occupation or
profession regulated under this title;
(c) engaging in conduct that results in conviction of,
or a pleas of nolo contenders to, a crime of moral
turpitude or any other crime that, when considered
with the functions and duties of the occupation or
profession for which the license was issued or is
to be issued, bears a reasonable relationship to
the licensee's or applicant's ability to safely or
competently practice the occupation or profession;
(d) engaging in conduct that results in disciplinary
action, including reprimand, censure, diversion,
probation, suspension, or revocation, by any other
licensing or regulatory authority having
jurisdiction over the licensee or applicant in the
same occupation or profession if the conduct would,
in this state, constitute grounds for denial of
licensure or disciplinary proceedings under Section
58-1-401;
(e) engaging in conduct, including the use of
intoxicants, drugs, narcotics, or similar
chemicals, to the extent that the conduct does, or
might reasonably be considered to, impair the
ability of the licensee or applicant to safely
engage in the occupation or profession;
(f) practicing or attempting to practice an occupation
or profession regulated under this title despite
being physically or mentally unfit to do so;
(g) practicing or attempting to practice an occupation
or profession regulated under this title through
gross incompetence, gross negligence, or a pattern
of incompetency or negligence;
(h) practicing or attempting to practice an occupation
or profession requiring licensure under this title
by any form of action or communication which is
false, misleading, deceptive, or fraudulent;
(i) practicing or attempting to practice an occupation
or profession regulated under this title beyond the
scope of the licensee's competency, abilities, or
education;
(j) practicing or attempting to practice an occupation
or profession regulated under this title beyond the
scope of the licensee's license; or
(k) verbally, physically, mentally, or sexually abusing
or exploiting any person through conduct connected
with the licensee's practice under this title or
otherwise facilitated by the licensee's license.
58-1-502. Unlawful conduct - Penalty.
Unless otherwise specified in this title, any person who
violates the unlawful conduct provisions defined in this title
is guilty of a class A misdemeanor.
58-1-503. Maximum civil penalty for violation of court order.
(1) If any written order issued under this title or if an
injunction or temporary restraining order issued by a
court of competent jurisdiction relating to this title is
violated, the court may impose a civil penalty of not
more than $2,000 for each day the written order,
injunction, or temporary restraining order is violated,
if the person in violation has received notice of the
written order, injunction, or temporary restraining
order.
(2) All penalties ordered under this section shall be
deposited into the General Fund.
GENERAL RULES OF THE
DIVISION OF OCCUPATIONAL AND
PROFESSIONAL LICENSING
R156-1
Utah Administrative Code
Issued August 1, 1995
INDEX
R156-1-101. Title 1
R156-1-102. Definitions 1
R156-1-103. Authority - Purpose 2
R156-1-107. Organization of Rules - Content, Applicability
and Relationship of Rules 2
R156-1-109. Presiding Officers 2
R156-1-110. Issuance of Investigative Subpoenas 3
R156-1-204. Board and Committee Meetings Open to Public -
Notice of Board Meetings 3
R156-1-205. Advisory peer committees - Director to appoint
with concurrence of board - Terms of office -
Vacancies in office - Removal from office -
Quorum requirements - Appointment of chairman -
Division to provide secretary - Compliance with
Open and Public Meetings Act Compliance with Utah
Administrative Procedures Act - No provision for
per them and expenses 4
R156-1-206. Emergency adjudicative proceeding review
committees - Appointment - Terms - Vacancies -
Removal - Quorum - Chairman and secretary - open
and Public Meetings Act - Utah Administrative
Procedures Act Per them and expenses 4
R156-1-301. Cheating on examinations 4
R156-1-305. Inactive licensure 5
R156-1-308a. Renewal dates 6
R156-1-308b. Renewal periods - Adjustment of renewal fees for
an extended or shortened renewal period 8
R156-1-308c. Renewal of licensure procedures 8
R156-1-308d. Denial of renewal of licensure - Classification
of proceedings - Conditional renewal during
pendency of adjudicative proceedings. 8
R156-1-308e. Reinstatement of licensure which was active and
in good standing at the time of expiration of
licensure - Requirements 8
R156-1-308f. Reinstatement of restricted, suspended, or
probationary licensure during term of
restriction, suspension, or probation -
Requirements 9
R156-1-308g. Reinstatement of restricted, suspended, or
probationary licensure after the specified term
of suspension of the license or after the
expiration of licensure in a restricted or
probationary status - Requirements 9
R156-1-308h. Relicensure following revocation of licensure -
Requirements. 10
R156-1-308i. Relicensure following surrender of licensure -
Requirements. 10
R156-1-404a. Diversion advisory committees created -
Impaneling of committees - Appointment of
members - Terms of office - Vacancies in office
- Removal of members - Quorum requirement -
Appointment of chairman - Division to provide
secretary - Compliance with Open and Public
Meetings Act - Compliance with Utah Administrative
Procedures Act - No provision for per them and
expenses 10
R156-1-404b. Diversion committees duties 11
R156-1-404c. Diversion - Eligible offenses 11
R156-1-404d. Diversion - Procedures 11
R156-1-404e. Diversion - Agreements for rehabilitation,
education or other similar services or
coordination of services 11
R156-1-502. Unprofessional Conduct 12
R156-1-503. Reporting Disciplinary Action 12
R156. Commerce, Occupational and Professional Licensing.
R156-1. General Rules of the Division of Occupational and
Professional Licensing.
Part 1 - General Provisions
R156-1-101. Title.
These rules are known as the General Rules of the Division of
Occupational and Professional Licensing.
R156-1-102. Definitions.
In addition to the definitions in Title 58, as used in Title
58 or these rules:
(1) "Active and in good standing" means a licensure status
which allows the licensee full privileges to engage in the practice
of the occupation or profession subject to the scope of the
licensee's license classification.
(2) "Cancel" or "cancellation" means nondisciplinary action by
the division to rescind, repeal, annul, or void a license issued in
error.
(3) "Charges" means the acts or omissions alleged to
constitute either unprofessional or unlawful conduct or both by a
licensee, which serve as the basis to consider a licensee for
inclusion in the diversion program authorized in Section 58-1-404.
(4) "Denial of licensure" means action by the division
refusing to issue a license to an applicant for initial licensure,
renewal of licensure, reinstatement of licensure or relicensure.
(5) "Disciplinary action" means adverse licensure action by
the division under the authority of Subsections 58-1-401(2)(a)
through (2)(b).
(6) "Diversion agreement" means a formal written agreement
between a licensee, the division, and a diversion committee,
outlining the terms and conditions with which a licensee must
comply as a condition of entering in and remaining under the
diversion program authorized in Section 58-1-404.
(7) "Diversion committees" mean diversion advisory committees
authorized by Subsection 58-1-404(2)(a) and created under
Subsection R156-1-404a.
(8) "Duplicate license" means a license reissued to replace
a license which has been lost, stolen, or mutilated.
(9) "Emergency review committees" mean emergency adjudicative
proceedings review committees created by the division under the
authority of Subsection 58-1-108(2).
(10) "Expire' or "expiration" means the automatic termination
of a license which occurs:
(a) at the expiration date shown upon a license if the
licensee fails to renew the license before the expiration date; or
(b) prior to the expiration date shown on the license:
(i) upon the death of a licensee who is a natural person;
(ii) upon the dissolution of a licensee who is a partnership,
corporation, or other business entity; or
(iii) upon the issuance of a new license which supersedes an
old license, including a license which:
(A) replaces a temporary license;
(B) replaces a student or other interim license which is
limited to one or more renewals or other renewal limitation; or
(C) is issued to a licensee in an upgraded classification
permitting the licensee to engage in a broader scope of practice in
the licensed occupation or profession.
(11) "Inactive" or "inactivation" means action by the division
to place a license on inactive status in accordance with Sections
58-1-305 and R156-1-305.
(12) "Investigative subpoena authority" means, except as
otherwise specified in writing by the director, the division
enforcement counsel, or if the division enforcement counsel is
unable to so serve for any reason, the assistant director, or if
both the division enforcement counsel and the assistant director
are unable to so serve for any reason, the department enforcement
counsel.
(13) "License" means a right or privilege to engage in the
practice of a regulated occupation or profession as a licensee.
(14) "Limit" or "limitation" means nondisciplinary action
placing either terms and conditions or restrictions or both upon
a license:
(a) issued to an applicant for initial licensure, renewal or
reinstatement of licensure, or relicensure; or
(b) issued to a licensee in place of the licensee's current
license or disciplinary status.
(15) "Nondisciplinary action" means adverse licensure by the
division under the authority of Subsections 58-1-401(l) or
58-1-401(2)(c) through (2)(d).
(16) "Peer committees" mean advisory peer committees to boards
created by the legislature in Title 58 or by the division under the
authority of Subsection 58-1-203(6).
(17) "Private reprimand" means disciplinary action to formally
reprove or censure a licensee for unprofessional or unlawful
conduct, with the documentation of the action being classified as
a private record.
(18) "Probation" means disciplinary action placing terms and
conditions upon a license;
(a) issued to an applicant for initial licensure, renewal or
reinstatement of licensure, or relicensure; or
(b) issued to a licensee in place of the licensee's current
license or disciplinary status.
(19) "Public reprimand, means disciplinary action to formally
reprove or censure a licensee for unprofessional or unlawful
conduct, with the documentation of the action being classified as
a public record.
(20) "Regulatory authority, as used in Subsection
58-1-501(2)(d) means any governmental entity who licenses,
certifies, registers, or otherwise regulates persons subject to its
jurisdiction, or who grants the right to practice before or
otherwise do business with the governmental entity.
(21) "Reinstate," or "reinstatement" means to activate an
expired license or to restore a license which is restricted, as
defined in Subsection (19)(b), or is suspended, or placed on
probation, to a lesser restrictive license or an active in good
standing license.
(22) "Relicense" or "relicensure" means to license an
applicant who has previously been revoked or has previously
surrendered a license.
(23) "Remove or modify restrictions" means to remove or modify
restrictions, as defined in Subsection (19)(a), placed on a license
issued to an applicant for licensors.
(24) "Restrict" or "restriction" means disciplinary action
qualifying or limiting the scope of a license:
(a) issued to an applicant for initial licensors, renewal or
reinstatement of licensors, or relicensure in accordance with
Section 58-1-304; or
(b) issued to a licensee in place of the licensee's current
license or disciplinary status.
(25) "Revoke" or "revocation", means disciplinary action by
the division extinguishing a license.
(26) "Suspend" or "suspension' means disciplinary action by
the division removing the right to use a license for a period of
time or indefinitely as indicated in the disciplinary order, with
the possibility of subsequent reinstatement of the right to use the
license.
(27) "Surrender" means voluntary action by a licensee giving
back or returning to the division in accordance with Section
58-1-306, all rights and privileges associated with a license
issued to the licensee.
(28) "Temporary license" or "temporary licensors" means a
license issued by the division on a temporary basis to an applicant
for initial licensors, renewal or reinstatement of licensors, or
relicensure in accordance with Section 58-1-303.
(29) "Unprofessional conduct" as defined in Title 58 is
further defined, in accordance with Subsection 58-1-203(5), in
Section R156-1-502.
(30) "Warning or final disposition letters which do not
constitute disciplinary action" as used in Subsection 58-1-108(3)
mean letters which do not contain findings of fact or conclusions
of law and do not constitute a reprimand, but which may address any
or all of the following:
(a) division concerns;
(b) allegations upon which those concerns are based;
(c) potential for administrative or judicial action; and
(d) disposition of division concerns.
R156-1-103. Authority - Purpose.
These rules are adopted by the division under the authority of
Subsection 58-1-106(l) to enable -!he division to administer Title 58.
R156-1-107. Organization of Rules - Content, Applicability and
Relationship of Rules.
(1) The rules and sections in Title R156 shall, to the extent
practicable, follow the numbering and organizational scheme of the
chapters in Title 58.
(2) Rule R156 shall contain general provisions applicable to
the administration and enforcement of all occupations and
professions regulated in Title 58.
(3) The provisions of the other rules in Title R156 shall
contain specific or unique provisions applicable to particular
occupations or professions.
(4) Specific rules in Title R156 may supplement or alter Rule
R156-1 unless expressly provided otherwise in Rule R156-1.
R156-1-109. Presiding Officers.
In accordance with Subsection 63-46b-2(l)(h) and Section
58-1-109, except as otherwise specified in writing by the director,
the designation of presiding officers is clarified or established
as follows:
(1) The division enforcement counsel is designated as the
presiding officer for issuance of notices of agency action and for
issuance of notices of hearing issued concurrently with a notice of
agency action or issued in response to a request for agency action,
provided that if the division enforcement counsel is unable to so
serve for any reason, the assistant director is designated as the
alternate presiding officer.
(2) Subsections 58-1-109(2) and 58-1-109(4) are clarified with
regard to defaults as follows. Except as otherwise specified in
writing by the director, the department administrative law judge is
designated as the presiding officer for entering an order of
default against a party, for conducting any further proceedings
necessary to complete the adjudicative proceeding, and for issuing
a recommended order to the director determining the discipline to
be imposed, licensure action to be taken, relief to be granted,
etc.
(3) Except as otherwise specified in writing by the director,
the presiding officer for informal adjudicative proceedings
initiated by a request for agency action are as follows:
(a) Director. The director shall be the presiding officer for
the informal adjudicative proceedings described in Subsections
R156-46b-202(l)(g), (i), (1), (m), (p) and (r).
(b) Bureau managers. The bureau manager over the occupation
or profession involved shall be the presiding officer for the
informal adjudicative proceedings described in Subsections
R156-46b-202(l)(a) through (f), (h) through (j), (m), (n), (p), and
(r) through (t).
(i) At the direction of the a bureau manager, a licensing
technician may sign an informal order in the name of the licensing
technician provided the format of the order has been approved in
advance by the bureau manager and provided the caption "FOR THE
BUREAU MANAGER" immediately precedes the licensing technician's
signature.
(c) Contested citation hearing officer. The contested
citation hearing officer designated in writing by the director
shall be the presiding officer for the adjudicative proceeding
described in Subsection R156-46b-202(l)(m).
(d) Uniform Building Code Commission. The Uniform Building
Code Commission shall be the presiding officer for the adjudicative
proceeding described in Subsection R156-46b-202(l)(n).
(4) Except as otherwise specified in writing by the director,
the presiding officer for informal adjudicative proceedings
initiated by a notice of agency action shall be the division
director.
R156-1-110. Issuance of Investigative Subpoenas.
(1) All requests for subpoenas in conjunction with a division
investigation made pursuant to Subsection 58-1-106(3), shall be
made in writing to the investigative subpoena authority and shall
be accompanied by an original of the proposed subpoena.
(a) Requests to the investigative subpoena authority shall
contain adequate information to enable the subpoena authority to
make a finding of sufficient need, including the factual basis for
the request, the relevance and necessity of the particular person,
evidence, documents, etc., to the investigation, and an explanation
why the subpoena is directed to the particular person upon whom it
is to be served.
(b) Approved subpoenas shall be issued under the seal of the
division and the signature of the subpoena authority.
(2) The investigative subpoena authority may quash or modify
an investigative subpoena if it is shown to be unreasonable or
oppressive.
Part 2 - Boards - Committees
R156-1-204. Board and Committee Meetings open to Public - Notice
of Board Meetings.
(1) Board and committee meetings shall be open to the public
except when closed in accordance with Section 52-4-5.
(2) The notice of board and committee meetings required by
Section 52-4-6 shall be provided as follows:
(a) Not later than the last working day of January of each
year, the division shall publish a list of its anticipated board
and committee monthly meeting schedule in the State Bulletin.
(b) Not later than the last working day of each calendar month
the division shall post in a prominent and appropriate place within
the building occupied by the division, a calendar containing the
date, time, and place of all board and committee meetings scheduled
for the next succeeding month. In addition, the division shall
provide a copy to the media.
(c) Not later than the close of business of the business day
preceding a meeting of any board or committee, the division shall
post in a prominent and appropriate place within the building
occupied by the division, a copy of the agenda for the board or
committee meeting.
R156-1-205. Advisory Peer Committees - Director to Appoint with
Concurrence of Board - Terms of office - Vacancies in office -
Removal from office - Quorum Requirements - Appointment of Chairman
- Division to Provide Secretary - Compliance with open and Public
Meetings Act - Compliance with Utah Administrative Procedures Act
- No Provision for Per Dien and Expenses.
(1) The director shall appoint the members of peer committees
established under Title 58 or Title R156. In appointing these
members, the director shall give consideration to recommendations
by members of the boards.
(2) The names of all persons appointed to peer committees
shall be submitted to the appropriate board for confirmation or
rejection. If an appointee is rejected by the board, the director
shall appoint another person to the board for confirmation or
rejection.
(3) Except for ad hoc peer committees whose members shall be
appointed on a case-by-case basis, the term of office of peer
committee members shall be for five years; however, in making
initial appointments, the terms of office of the first members
appointed shall be one year, the terms of office of the second
members appointed shall be two years, the terms of office of the
third members appointed shall be three years, the terms of office
of the fourth members appointed shall be four years, and the terms
of office of the fifth members appointed shall be five years. If
a peer committee does not consist of five members, the director
shall establish a schedule of appointments to membership on the
peer committee as consistent as possible with the schedule
established in this Subsection.
(4) No peer committee member may serve more than two full
terms, and no member who ceases to serve may again serve on the
peer committee until after the expiration of two years from the
date of cessation of service.
(5) if a vacancy on a peer committee occurs, the director
shall appoint a replacement to fill the unexpired term and submit
the appointment to the appropriate board for confirmation or
rejection. After filling the unexpired term, the replacement may
be appointed for only one additional full term.
(6) If a peer committee member fails or refuses to fulfill the
responsibilities and duties of a peer committee member, including
the attendance at peer committee meetings, the director in
collaboration with the board may remove the peer committee member
and replace the member in accordance with this section. After
filling the unexpired term, the replacement may be appointed for
only one additional full term.
(7) Committees meetings shall only be convened with the
approval of the appropriate board and the concurrence of the
division.
(8) Unless otherwise approved by the division, peer committee
meetings shall be held in the building occupied by the division.
(9) A majority of the peer committee members shall constitute
a quorum and may act in behalf of the peer committee.
(10) Peer committees shall annually designate one of their
members to serve as peer committee chairman. The division shall
provide a division employee to act as committee secretary to take
minutes of committee meetings and to prepare committee
correspondence.
(11) Peer committees shall comply with the procedures and
requirements of Title 52, Chapter 4, Open and Public Meetings, in
their meetings.
(12) Peer committees shall comply with the procedures and
requirements of Title 63, Chapter 46b, Administrative Procedures
Act, in their adjudicative proceedings.
(13) Peer committee members shall perform their duties and
responsibilities as public service and shall not receive a per them
allowance, or traveling or accommodations expenses incurred in peer
committees business, except as otherwise provided in Title 58 or Title R156.
R156-1-206. Emergency Adjudicative Proceeding Review Committees -
Appointment - Terms - Vacancies - Removal - Quorum - Chairman and
Secretary - Open and Public Meetings Act - Utah Administrative
Procedures Act - Per Diem and Expenses.
(1) The chairman of the board for the profession of the person
against whom an action is proposed may appoint the members of
emergency review committees on a case-by-case or period-of-time
basis.
(2) With the exception of the appointment and removal of
members and filling of vacancies by the chairman of a board,
emergency review committees, committees shall serve in accordance
with Subsections R156-1-204(3) through (13).
Part 3 - Licensing
R156-1-301. Cheating on Examinations.
(1) Policy.
The passing of an examination, when required as a condition of
obtaining or maintaining a license issued by the division, is
considered to be a critical indicator that an applicant or licensee
meets the minimum qualifications for licensure. Failure to pass an
examination is considered to be evidence that an applicant or
licensee does not meet the minimum qualifications for licensure.
Accordingly, the accuracy of the examination result as a measure of
an applicant's or licensee's competency must be assured. Cheating
by an applicant or licensee on any examination required as a
condition of obtaining a license or maintaining a license shall be
considered unprofessional conduct and shall result in imposition of
an appropriate penalty against the applicant or licensee.
(2) Cheating Defined.
Cheating is defined as the use of any means or instrumentality
by or for the benefit of an examinee to alter the results of an
examination in any way to cause the examination results to
inaccurately represent the competency of an examinee with respect
to the knowledge or skills about which they are examined. Cheating
includes:
(a) communication between examinees inside of the examination
room or facility during the course of the examination;
(b) communication about the examination with anyone outside of
the examination room or facility during the course of the
examination;
(c) copying another examinee's answers or looking at another
examinee's answers while an examination is in progress;
(d) permitting anyone to copy answers to the examination;
(e) substitution by an applicant or licensee or by others for
the benefit of an applicant or licensee of another person as the
examinee in place of the applicant or licensee;
(f) use by an applicant or licensee of any written material,
audio material, video material or any other mechanism not
specifically authorized during the examination for the purpose of
assisting an examinee in the examination;
(g) obtaining, using, buying, selling, possession of or having
access to a copy of the examination prior to administration of the
examination.
(3) Action Upon Detection of Cheating.
(a) The person responsible for administration of an
examination, upon evidence that an examinee is or has been cheating
on an examination shall notify the division of the circumstances in
detail and the identity of the examinees involved with an
assessment of the degree of involvement of each examinee;
(b) If cheating is detected prior to commencement of the
examination, the examinee may be denied the privilege of taking the
examination; or if permitted to take the examination, the examinee
shall be notified of the evidence of cheating and shall be informed
that the division may consider the examination to have been failed
by the applicant or licensee because of the cheating; or
(c) If cheating is detected during the examination, the
examinee may be requested to leave the examination facility and in
that case the examination results shall be the same as failure of
the examination; however, if the person responsible for
administration of the examination determines the cheating detected
has not yet compromised the integrity of the examination, such
steps as are necessary to prevent further cheating shall be taken
and the examinee may be permitted to continue with the examination.
(d) If cheating is detected after the examination, the
division shall make appropriate inquiry to determine the facts
concerning the cheating and shall thereafter take appropriate
action.
(e) Upon determination that an applicant has cheated on an
examination, the division may deny the applicant a license and may
establish conditions the applicant must meet to qualify for a
license including the earliest date on which the division will
again consider the applicant for licensure.
(4) Notification.
The division shall notify all proctors, test administrators
and examinees of the rules concerning cheating.
R156-1-305. Inactive Licensure.
(1) In accordance with Section 58-1-305, except as provided in
Subsection (2), a licensee who holds an active in good standing
license under Title 58 may apply for inactive licensure status.
(2) The following licenses issued under Title 58 may not be
placed on inactive licensure status:
(a) Agency performing animal euthanasia;
(b) Analytical laboratory;
(c) Branch pharmacy;
(d) Certified professional accountant firm;
(e) Controlled substance;
(f) Controlled substance precursor distributors and
purchasers;
(g) Cosmetologist/barber school;
(h) Employee leasing company;
(i) Endowment care cemetery;
(j) Funeral service establishment;
(k) Hospital, institutional, nuclear, out-of-state mail
service and retail pharmacy;
(l) Pharmaceutical manufacturer, researcher, teaching
organization, wholesaler or distributor;
(m) Preneed funeral arrangement provider; and
(n) Veterinary pharmaceutical outlet.
(3) Applicants for inactive licensure shall apply to the
division in writing upon forms available from the division. Each
completed application shall contain documentation of requirements
for inactive licensure, shall be verified by the applicant, and
shall be accompanied by the appropriate fee.
(4) If all requirements are met for inactive licensure, the
division shall place the license on inactive status.
(5) A license may remain on inactive status indefinitely
except as otherwise provided in Title S8 or rules which implement
Title 58.
(6) An inactive license may be activated by requesting
activation in writing upon forms available from the division.
Unless otherwise provided in Title 58 or rules which implement
Title 58, each reactivation application shall contain documentation
that the applicant meets current renewal requirements, shall be
verified by the applicant, and shall be accompanied by the
appropriate fee.
R156-1-308a. Renewal Dates.
The following renewal dates are established by license
classification in accordance with the Subsection 58-1-308(l):
TABLE
RENEWAL DATES
(1) Acupuncturist May 31 even years
(2) Advanced Practice Registered Nurse January 31 even years
(3) Agency Performing Animal Euthanasia May 31 odd years
(4) Alternate Dispute Resolution Provdr September 30 even years
(5) Analytical Laboratory May 31 odd years
(6) Architect May 31 even years
(7) Athletic Commission Licensee December 31 every year
(8) Audiologist May 31 odd years
(9) Branch Pharmacy May 31 odd years
(10) Building Inspector July 31 odd years
(ll) Burglar Alarm Security July 31 even years
(12) C.P.A. Firm September 30 even years
(13) Certified Shorthand Reporter May 31 even years
(14) Certified Dietitian September 30 even years
(15) Certified Nurse Midwife January 31 even years
(16) Certified Public Accountant September 30 even years
(17) Certified Registered
Nurse Anesthetist January 31 even years
(18) Certified Social Worker September 30 even years
(19) Certified Structural Engineer May 31 even years
(20) Chiropractor May 31 even years
(21) Clinical Social Worker September 30 even years
(22) Construction Trades Instructor July 31 odd years
(23) Contractor July 31 odd years
(24) Controlled Substance
Precursor Distributor May 31 odd years
(25) Controlled Substance
Precursor Purchaser May 31 odd years
(26) Cosmetologist/Barber September 30 odd years
(27) Cosmetology/Barber School September 30 odd years
(28) Deception Detection July 31 even years
(29) Dental Hygienist May 31 even years
(30) Dentist May 31 even years
(31) Electrician
Apprentice, Journeyman, Master,
Residential Journeyman,
Residential Master July 31 even years
(32) Electrologist September 30 odd years
(33) Employee Leasing Company January 31 every year
(34) Endowment Care Cemetery May 31 even years
(35) Environmental Health Scientist May 31 odd years
(36) Funeral Service
Apprentice, Director May 31 even years
(37) Funeral Service May 31 even years
Establishment
(38) Health Care Assistant November 30 even years
(39) Health Facility May 31 odd years
Administrator
(40) Hearing Instrument September 30 even years
Specialist
(41) Hospital Pharmacy May 31 odd years
(42) Institutional Pharmacy May 31 odd years
(43) Land Surveyor May 31 even years
(44) Landscape Architect May 31 even years
(45) Licensed Practical Nurse January 31 even years
(46) Manufactured Housing and
Recreational Vehicle Dealer September 30 every year
(47) Manufactured Housing September 30 every year
Salesman
(48) Marriage and Family September 30 even years
Therapist
(49) Massage Apprentice, May 31 odd years
Technician
(50) Naturopath/Naturopathic May 31 even years
Physician
(51) Nuclear Pharmacy May 31 odd years
(52) Occupational Therapist May 31 odd years
(53) Occupational Therapy May 31 odd years
Assistant
(54) Optometrist September 30 even years
(55) Osteopathic Physician May 31 even years
(56) Out of State Mail Order May 31 odd years
Pharmacy
(57) Pharmaceutical Dog Trainer May 31 odd years
(58) Pharmaceutical Manufacturer May 31 odd years
(59) Pharmaceutical Researcher May 31 odd years
(60) Pharmaceutical Teaching May 31 odd years
Organization
(61) Pharmaceutical
Wholesaler/Distributor May 31 odd years
(62) Pharmacist May 31 odd years
(63) Pharmacy Intern May 31 odd years
(64) Physical Therapist May 31 odd years
(65) Physician Assistant May 31 even years
(66) Physician and Surgeon January 31 even years
(67) Plumber
Apprentice, Journeyman,
Residential Apprentice,
Residential Journeyman July 31 even years
(68) Podiatrist September 30 even years
(69) Pre Need Funeral
Arrangement Provider May 31 even years
(70) Pre Need Funeral Arrangement
Sales Agent May 31 even years
(71) Private Probation Provider May 31 odd years
(72) Professional Counselor September 30 even years
(73) Professional Engineer May 31 even years
(74) Psychologist September 30 even years
(75) Radiology Practical May 31 odd years
Technician
(76) Radiology Technologist May 31 odd years
(77) Recreational Therapy
Technician, Specialist,
Master specialist May 31 odd years
(78) Recreational Vehicle Dealer September 30 even years
(79) Registered Nurse January 31 odd years
(80) Respiratory Care September 30 even years
Practitioner
(81) Retail Pharmacy May 31 odd years
(82) Security Personnel July 31 even years
(83) Social Service Worker September 30 even years
(84) Speech-Language Pathologist May 31 odd years
(85) Veterinarian September 30 even years
(86) Veterinary Pharmaceutical May 31 odd years
Outlet
R156-1-308b. Renewal Periods - Adjustment of Renewal Fees for an
Extended or Shortened Renewal Period.
(1) Except as otherwise provided by statute or as required to
establish or reestablish a renewal period, each renewal period
shall be for a period of two years.
(2) The renewal fee for a renewal period which is extended or
shortened by more than one month to establish or reestablish a
renewal period shall increased or decreased proportionately.
R156-1-308c. Renewal of Licensure Procedures.
The procedures for renewal of licensure shall be as follows:
(1) The division shall mail a renewal notice to each licensee
at least 90 days prior to the expiration date shown on of the
licensee's license.
(2) Renewal notices shall be sent by letter deposited in the
post office with postage prepaid, addressed to the last address
shown on the division's automated licens, system. Such mailing
shall constitute legal notice. It shall be the duty and
responsibility of each licensee to maintain a current address with
the division.
(3) Renewal notices shall specify the renewal requirements and
require that each licensee document or certify that the licensee
meets the renewal requirements.
(4) Renewal notices shall specify a renewal application due
date at least 60 day prior to the expiration date shown on the
licensee's license in order to permit the renewal applications to
be processed prior to the expiration of licensure in accordance
with Subsection 58-1-308(4).
(5) Renewal notices shall advise each licensee that a license
that is not renewed, prior to the expiration date shown 'on the
license automatically expires and that any continued practice
without a license constitutes a criminal offense under Subsection
58-501(l)(a).
(6) Renewal notices shall further advise each licensee that if
the licensee fail to return the renewal application to the division
or its designee by the renewal application due date, the licensee's
license may expire before it is renewed.
(7) Renewal notices shall specify the address or addresses to
where the renewal applications should be submitted.
(8) When a renewal application contains multiple parts to be
returned to separate addresses, the division shall facilitate
proper submission by using, to the extent resources permit, color
coded renewal applications with perforated sections and return
envelopes.
(9) Licensees licensed during the last four months of a
renewal cycle shall be licensed for a full renewal cycle plus the
period of time remaining until the impending renewal date, rather
than being required to immediately renew their license.
R156-1-308d. Denial of Renewal of Licensure - Classification of
Proceedings - Conditional - Renewal During Pendency of Adjudicative
Proceedings.
(1) Denial of renewal of licensure shall be classified as a
formal adjudicative proceeding under Rule R156-46b.
(2) When a renewal application is denied and the applicant
concerned requests a hearing to challenge the division's action as
permitted by Subsection 63-46b-3(3)(d)(ii), unless the requested
hearing is convened and a final order is issued prior to the
expiration date shown on the applicant's current license, the
division shall conditionals renew the applicant's license during
the pendency of the adjudicative proceeding as permitted by
Subsection 58-1-106(8).
R156-1-308e. Reinstatement of Licensure Which was Active and In
Good Standing at the Time of Expiration of Licensure -
Requirements.
The following requirements shall apply to reinstatement of
licensure which was active and in good standing at the time of
expiration of licensure:
(1) In accordance with Subsection 58-1-308(5), if an
application for reinstatement is received by the division between
the date of the expiration of the license and 31 days after the
date of the expiration of the license, the applicant shall:
(a) submit a completed renewal form as furnished by the
division demonstrating compliance with requirements and/or
conditions of license renewal; and
(b) pay the established license renewal fee and a late fee.
(2) In accordance with Subsection 58-1-308(5), if an
application for reinstatement is received by the division between
31 days after the expiration of the license and two years after the
date of the expiration of the license, the applicant shall:
(a) submit a completed renewal form as furnished by the
division demonstrating compliance with requirements and/or
conditions of license renewal; and
(b) pay the established license renewal fee and reinstatement fee.
(3) In accordance with Subsection 58-1-308(6)(a), if an
application for reinstatement is received by the division more than
two years After the date the license expired and the applicant has
not been active in the licensed occupation or profession while in
the full-time employ of the United States government or under
license to practice that occupation or profession in any other
state or territory of the United States during the time the license
was expired, the applicant shall:
(a) submit an application for licensure complete with all
supporting documents as is required of an individual making an
initial application for license demonstrating the applicant meets
all current qualifications for licensure and compliance with
requirements and/or conditions of license reinstatement;
(b) provide information requested by the division and board to
clearly demonstrate the applicant is currently competent to engage
in the occupation or profession for which reinstatement of
licensure is requested;
(c) if the applicant has not been engaged in unauthorized
practice of the applicant's occupation or profession following the
expiration of the applicant's license, pay the established license
fee for a new applicant for licensure and the reinstatement fee;
and
(d) if the applicant has been engaged in unauthorized practice
of the applicants occupation or profession following the expiration
of the applicant's license, pay the current license renewal fee
multiplied by the number of renewal periods for which the license
renewal fee has not been paid since the time of expiration of
license, plus a reinstatement fee.
(4) In accordance with Subsection 58-1-308(6)(b), if an
application for reinstatement is received by the division more than
two years after the date the license expired but the applicant has
been active in the licensed occupation or profession while in the
full-time employ of the United States government or under license
to practice that occupation or profession in any other state or
territory of the United States shall:
(a) submit documentation of prior licensure in the State of
Utah;
(b) submit documentation that the applicant has been active in
the licensed occupation or profession while in the full-time employ
of the United States government or under license to practice that
occupation or profession in any other state or territory of the
United States;
(c) provide documentation that the applicant has completed or
is in compliance with any renewal qualifications.
(d) provide information requested by the division and board to
clearly demonstrate the applicant is currently competent to engage
in the occupation or profession for which reinstatement of
licensure is requested;
(e) pass a law and rules examination if such an examination
has been adopted for the occupation or profession to which the
application pertains; and
(f) pay the established license renewal fee and the
reinstatement fee.
R156-1-308f. Reinstatement of Restricted, Suspended, or
Probationary Licensure During Term of Restriction, Suspension, or
Probation - Requirements.
(1) Reinstatement of restricted, suspended, or probationary
licensure during the term of limitation, suspension, or probation
shall be in accordance with the disciplinary order which imposed
the discipline.
(2) Unless otherwise specified in a disciplinary order
imposing restriction, suspension, or probation of licensure, the
disciplined licensee may, at reasonable intervals during the term
of the disciplinary order, petition for reinstatement of licensure.
(3) Petitions for reinstatement of licensure during the term
of a disciplinary order imposing restriction, suspension, or
probation, shall be treated as a request to modify the terms of the
disciplinary order, not as an application for licensure.
R256-1-308g. Reinstatement of Restricted, Suspended, or
Probationary Licensure After the specified Term of Suspension of
the License or After the Expiration of Licensure in a Restricted or
Probationary Status - Requirements.
Unless otherwise provided by a disciplinary order, an
applicant who applies for reinstatement of a license after the
specified term of suspension of the license or after the expiration
of the license in a restricted or probationary status shall:
(1) submit an application for licensure complete with all
supporting documents as is required of an individual making an
initial application for license demonstrating the applicant meets
all current qualifications for licensure and compliance with
requirements and conditions of license reinstatement;
(2) pay the established license renewal fee and the
reinstatement fee; and
(3) provide information requested by the division and board to
clearly demonstrate the applicant is currently competent to be
reinstated to engage in the occupation or profession for which the
applicant was suspended, restricted, or placed on probation.
R156-1-308h. Relicensure Following Revocation of Licensure -
Requirements
An applicant for relicensure following revocation of licensure
shall:
(1) submit an application for licensure complete with all
supporting documents as is required of an individual making an
initial application for license demonstrating the applicant meets
all current qualifications for licensure and compliance with
requirements and/or conditions of license reinstatement;
(2) pay the established license fee for a new applicant for
licensure; and
(3) provide information requested by the division and board to
clearly demonstrate the applicant is currently competent to be
relicensed to engage in the occupation or profession for which the
applicant was revoked.
R156-1-308i. Relicensure Following Surrender of Licensure -
Requirements.
The following requirements shall apply to relicensure
applications following the surrender of licensure:
(1) An applicant who surrendered a license that was active and
in good standing at the time it was surrendered shall meet the
requirements for licensure listed in Section R156-1-308.
(2) An applicant who surrendered a license while the license
was active but not in good standing as evidenced by the written
agreement supporting the surrender of license shall:
(a) submit an application for licensure complete with all
supporting documents as is required of an individual making an
initial application for license demonstrating the applicant meets
all current qualifications for licensure and compliance with
requirements and/or conditions of license reinstatement;
(b) pay the established license fee for a new applicant for
licensure; and
(c) provide information requested by the division and board to
clearly demonstrate the applicant is currently competent to be
relicensed to engage in the occupation or profession for which the
applicant was surrendered.
Part 4 - Diversion
R156-1-404a. Diversion Advisory Committees Created - Impaneling of
Committees - Appointment of Members - Terms of office - vacancies
in office - Removal of Members - Quorum Requirement - Appointment
of Chairman - Division to Provide Secretary - Compliance with open
and Public Meetings Act - Compliance with Utah Administrative
Procedures Act No Provision for Per Dien and Expenses.
(1) There is created diversion advisory committees of the
members for each of occupations or professions regulated under
Title 58. The diversion committees are not required to be
impaneled by the director until the need for the diversion
committee arises.
(2) The term of office of each diversion committee member
shall be for a period of three years; except that initial
oppointments to each diversion committee after adoption of these
rules shall be staggered in that one appointment shall be one year,
one appointment shall be for two years and one shall be for three
years. Diversion committee members shall not be appointed to serve
for more than two consecutive terms.
(3) No diversion committee member may serve more than two full
terms, and no member who ceases to serve may again serve on the
diversion committee until after the expiration of two years from
the date of cessation of service.
(4) If a vacancy on a diversion committee occurs, the director
shall appoint a replacement to fill the unexpired term in
accordance with Section 58-1-404. After filling the unexpired
term, the replacement may be appointed for only one additional full
term.
(5) The director may remove a member for reasonable cause with
the concurrence of the executive director. Reasonable cause
includes failing or refusing to fulfill the responsibilities and
duties of an advisory committee member, including the attendance at
diversion committee meetings. After filling the unexpired term,
the replacement may be appointed for only one additional full term.
(6) A chairman of each diversion committee shall be designated
by the director from among the three members appointed to the
diversion committee. That person shall be responsible for managing
the work of the diversion committee in consultation with the
director.
(7) Committees meetings shall only be convened following the
referral of a licensee to the diversion committee.
(8) Unless otherwise approved by the division, diversion
committee meetings shall be held in the building occupied by the
division.
(9) A majority of the diversion committee members shall
constitute a quorum and may act in behalf of the diversion
committee.
(10) Diversion committees shall comply with the procedures and
requirements of Title 63, Chapter 46b, Administrative Procedures
Act, in their adjudicative proceedings, if any.
(11) Diversion committee members shall perform their duties
and responsibilities as public service and shall not receive a per
them allowance, or traveling or accommodations expenses incurred in
diversion committees business, except as otherwise provided in
Title 58 or Title R156.
R156-1-404b. Diversion Committees Duties.
The duties of diversion committees shall include:
(1) reviewing the details of the charges against licensees
referred to the diversion committee for possible diversion,
interviewing the licensees, and recommending to the director
whether the licensees meet the qualifications for diversion and if
so whether the licensees should be considered for diversion;
(2) recommending to the director terms and conditions to be
included in diversion agreements;
(3) supervising compliance with all terms and conditions of
diversion agreements;
(4) advising the director at the conclusion of a licensee's
diversion program whether the licensee has completed the terms of
the licensee's diversion agreement; and
(5) establishing and maintaining continuing quality review of
the programs of professional associations and/or private
organizations to which licensees approved for diversion may enroll
for the purpose of education, rehabilitation or any other purpose
agreed to in the terms of a diversion agreement.
R156-1-404c. Diversion - Eligible Offenses.
In accordance with Subsection 58-1-404(4), the offense of
abuse or unlawful use of alcohol, drugs, controlled substances, or
any chemical, is defined as the sole offense which may be the
subject of a diversion agreement, provided the licensee meets the
other requirements described in Subsection 58-1-404(4).
R156-1-404d. Diversion - Procedures.
(1) Diversion committees shall complete the duties described
in Subsection R156-1-404b(l) and (2) no later than 60 days
following the referral of a licensee to the diversion committee for
possible diversion.
(2) The director shall accept or reject the diversion
committee's recommendation no later than 30 days following receipt
of the recommendation.
(3) If the director finds that a licensee meets the
qualifications for diversion and should be diverted, the division
shall prepare and serve upon the licensee a proposed diversion
agreement. The licensee shall have a period of time determined by
the diversion committee not to exceed 30 days from the service of
the proposed diversion agreement to negotiate a final diversion
agreement with the director. The final diversion agreement shall
comply with Subsections 58-1-404(6) through (7).
(4) If a final diversion agreement is not reached with the
director within 30 days from service of the proposed diversion
agreement, the division shall pursue appropriate disciplinary
action against the licensee in accordance with Section 58-1-108.
(5) The legal consequences of diversion are as described in
Subsections 58-1-404(8) through (10).
(6) Reporting or release of information shall be in compliance
with Subsection 58-1-404(9).
(7) In accordance with Subsection 58-1-404(5), a licensee may
be represented, at the licensee's discretion and expense, by legal
counsel during negotiations for diversion, at the time of execution
of the diversion agreement and at any hearing before the director
relating to a diversion program.
R156-1-404e. Diversion - Agreements for Rehabilitation, Education
or other similar
Services or Coordination of Services.
(1) The division may enter into agreements with professional
or occupational organizations or associations, education
institutions or organizations, testing agencies, health care
facilities, health care practitioners, government agencies or other
persons or organizations for the purpose of providing
rehabilitation, education or any other services necessary to
facilitate an effective completion of a diversion program for a
licensee.
(2) The division may enter into agreements with impaired
person programs to coordinate efforts in rehabilitating and
educating impaired professionals.
(3) Agreements shall be in writing and shall set forth terms
and conditions necessary to permit each party to properly fulfill
its duties and obligations thereunder. Agreements shall address
the circumstances and conditions under which information concerning
the impaired licensee will be shared with the division.
(4) The cost of administering agreements and providing the
services thereunder shall be borne by the licensee benefiting from
the services. Fees paid by the licensee shall be reasonable and
shall be in proportion to the value of the service provided.
Payments of fees shall be a condition of completing the program of
diversion.
(5) In selecting parties with whom the division shall enter
agreements under this section, the division shall ensure the
parties are competent to provide the required services. The
division may limit the number of parties providing a particular
service within the limits or demands for the service to permit the
responsible diversion committee to conduct quality review of the
programs given the committee's limited resources.
Part 5 - Unlawful and Unprofessional Conduct
R156-1-502. Unprofessional Conduct.
"Unprofessional conduct" includes:
(1) surrendering licensure to any other licensing or
regulatory authority having jurisdiction over the licensee or
applicant in the same occupation or profession while an
investigation or inquiry into allegations of unprofessional or
unlawful conduct is in progress or after a charging document has
been filed against the applicant or licensee alleging
unprofessional or unlawful conduct;
(2) practicing a regulated occupation or profession in,
through, or with a limited liability company which has omitted the
words 'limited company," "limited liability company," or the
abbreviation "L.C." or "L.L.C." in the commercial use of the name
of the limited liability company;
(3) practicing a regulated occupation or profession in,
through, or with a limitee partnership which has omitted the words
"limited partnership," "limited," or the abbreviation "L.P." or
"Ltd" in the commercial use of the name of the limited partnership; or
(4) practicing a regulated occupation or profession in,
through, or with a professional corporation which has omitted the
words "professional corporation" or the abbreviation "P.C." in the
commercial use of the name of the professional corporation.
R156-1-503. Reporting Disciplinary Action.
The division may report disciplinary action to other state or
federal governmental entities, state and federal data banks, the
media, or any other person who is entitled to such information
under the Government Records Access and Management Act.
KEY: diversion programs, licensing, occupational licensing
Effective August 1., 1995 - 58-1-106(1)