Public-domain · open source
OpenJurist

Utah Code § 58-55-402

Investigation of regulated activity

Redline — January 1, 2025 → current.View current text →
Current — January 1, 2027
As of January 1, 2025
(1) The division shall be responsible for the investigation of persons and activities in violation of the provisions of this chapter.
(2)
(a) Investigation by the division shall include investigations of:
(i) licensees engaged in unlawful or unprofessional conduct; and
(ii) unlicensed persons engaged in the conduct of activity or work regulated under this chapter and for which a license is required.
(b)
(i) As used in this Subsection (2)(b), "sign contractor":
(A) means a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules; and
(B) does not include a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules, that is subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act.
(ii) The division shall maintain a record of the number of unlicensed persons found to have engaged each year in the conduct of activity or work regulated under this chapter for which a license as a sign contractor is required, including the location where a violation occurred.
(3) The division shall decline to proceed with investigation of the violation of any provisions of this chapter if the division finds there is no apparent material jeopardy to the public health, safety, and welfare.
(4) The division shall have no responsibility for the inspection of construction work performed in the state to determine compliance with applicable codes, or industry and workmanship standards, except as provided in Subsections 58-1-501(2)(a)(vii), 58-55-502(2), (3), and (4), and 58-55-501(16).
(5) Authorized representatives of the division shall be permitted to enter upon the premises or site of work regulated under this chapter for the purpose of determining compliance with the provisions of this chapter.
(1) There is created an expendable special revenue fund known as the Plumber Education Fund.
(2) The fund consists of money from a surcharge, the division establishes in accordance with Section 63J-1-504, that the division collects on initial, renewal, and reinstatement licensures for apprentice plumbers, journeyman plumbers, master plumbers, residential journeyman plumbers, and residential master plumbers.
(3)
(a) The surcharge may not exceed $5.
(b) The surcharge described in Subsection (3)(a) is in addition to the surcharge described in Section 58-55-106.
(4)
(a) The fund shall earn interest.
(b) The division shall deposit the interest into the fund.
(5) With the concurrence of the commission, the director may make distributions from the fund for the following purposes:
(a) education and training of licensees described in Subsection (2); and
(b) education and training of other individuals licensed under this chapter or the public about plumbing laws and practices.
(6) If the balance in the fund is more than $100,000 at the end of any fiscal year, the division shall transfer the amount that exceeds $100,000 to the General Fund.
(7) The division shall report annually to the General Government Appropriations Subcommittee on:
(a) the balance in the fund; and
(b) fund expenditures.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.