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H.B. 268
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UNPROFESSIONAL CONDUCT IN
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CONSTRUCTION TRADE
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Raymond W. Short
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AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING;
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CLARIFYING THE UNLAWFUL CONDUCT PROVISIONS RELATING TO THE
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CONSTRUCTION TRADE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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58-55-503, as last amended by Chapter 10, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
58-55-503
is amended to read:
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58-55-503. Penalty for unlawful conduct -- Citations.
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(1) Any person who violates Subsections
58-55-501
(1) through (14), (16), (17) or (18),
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or who fails to comply with a citation issued under this section after it is final, is guilty of a class
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A misdemeanor. Any person who violates the provisions of Subsection
58-55-501
(8) or (13) may
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not be awarded and may not accept a contract for the performance of the work. Any licensee who
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submits a notice of intent to request an increase in the monetary limit under Subsection
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58-55-309
(5), but who is not granted an increase sufficient to cover the award of a contract upon
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which he has bid, may not be awarded and may not accept the contract.
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(2) Any person who violates the provisions of Subsection
58-55-501
(15) is guilty of an
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infraction unless the violator did so with the intent to deprive the person to whom money is to be
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paid of the money received, in which case the violator is guilty of theft, as classified in Section
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76-6-412
.
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(3) Grounds for immediate suspension of the licensee's license by the division and the
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board include the failure by a licensee to make application to, report to, or notify the division with
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respect to any matter for which application, notification, or reporting is required under this chapter
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or rules adopted under this chapter, including applying to the division for a new license to engage
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in a new specialty classification or to do business under a new form of organization or business
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structure, filing with the division current financial statements, notifying the division concerning
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loss of insurance coverage, or change in qualifier.
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(4) (a) If upon inspection or investigation, the division concludes that a [contractor] person
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has violated the provisions of Subsections
58-55-501
(1), (2), (3), or any rule or order issued with
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respect to these subsections, and that disciplinary action is appropriate, the director or his designee
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from within the division for each alternative respectively, shall, promptly issue a citation to the
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[contractor] person according to this chapter and any pertinent rules, attempt to negotiate a
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stipulated settlement, or notify the [contractor] person to appear before an adjudicative proceeding
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conducted under Title 63, Chapter 46b, Administrative Procedures Act.
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(i) Any person who is in violation of the provisions of Subsection
58-55-501
(1), (2), or
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(3), as evidenced by an uncontested citation, a stipulated settlement, or by a finding of violation
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in an adjudicative proceeding, may be assessed a fine pursuant to this Subsection (4) and may, in
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addition to or in lieu of, be ordered to cease and desist from violating Subsection
58-55-501
(1),
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(2), or (3).
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(ii) Except for a cease and desist order, the licensure sanctions cited in Section
58-55-401
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may not be assessed through a citation.
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(b) Each citation shall be in writing and describe with particularity the nature of the
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violation, including a reference to the provision of the chapter, rule, or order alleged to have been
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violated. The citation shall clearly state that the recipient must notify the division in writing within
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20 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
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conducted under Title 63, Chapter 46b, Administrative Procedures Act. The citation shall clearly
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explain the consequences of failure to timely contest the citation or to make payment of any fines
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assessed by the citation within the time specified in the citation.
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(c) The division may issue a notice in lieu of a citation.
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(d) Each citation issued under this section, or a copy of each citation, may be served upon
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any person upon whom a summons may be served in accordance with the Utah Rules of Civil
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Procedure and may be made personally or upon his agent by a division investigator or by any
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person specially designated by the director or by mail.
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(e) If within 20 calendar days from the service of a citation, the person to whom the
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citation was issued fails to request a hearing to contest the citation, the citation becomes the final
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order of the division and is not subject to further agency review. The period to contest a citation
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may be extended by the division for cause.
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(f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
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license of a licensee who fails to comply with a citation after it becomes final.
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(g) The failure of an applicant for licensure to comply with a citation after it becomes final
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is a ground for denial of license.
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(h) No citation may be issued under this section after the expiration of six months
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following the occurrence of any violation.
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(i) Fines shall be assessed by the director or his designee according to the following:
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(i) for a first offense handled pursuant to Subsection (4) (a), a fine of up to $1,000;
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(ii) for a second offense handled pursuant to Subsection (4) (a), a fine of up to $2,000; and
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(iii) for any subsequent offense handled pursuant to Subsection (4) (a), a fine of up to
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$2,000 for each day of continued offense.
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(j) (i) For purposes of issuing a final order under this section and assessing a fine under
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Subsection (4)(i), an offense constitutes a second or subsequent offense if:
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(A) the division previously issued a final order determining that a person committed a first
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or second offense in violation of Subsection
58-55-501
(1), (2), or (3); or
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(B) (I) the division initiated an action for a first or second offense;
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(II) no final order has been issued by the division in the action initiated under Subsection
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(4)(j)(i)(B)(I);
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(III) the division determines during an investigation that occurred after the initiation of the
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action under Subsection (4)(j)(i)(B)(I) that the person committed a second or subsequent violation
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of the provisions of Subsection
58-55-501
(1), (2), or (3); and
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(IV) after determining that the person committed a second or subsequent offense under
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Subsection (4)(j)(i)(B)(III), the division issues a final order on the action initiated under Subsection
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(4)(j)(i)(B)(I).
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(ii) In issuing a final order for a second or subsequent offense under Subsection (4)(j)(i),
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the division shall comply with the requirements of this section.
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(5) Any penalty imposed by the director under Subsection (4) (i) shall be deposited into
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the Commerce Service Fund. Any penalty which is not paid may be collected by the director by
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either referring the matter to a collection agency or bringing an action in the district court of the
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county in which the person against whom the penalty is imposed resides or in the county where
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the office of the director is located. Any county attorney or the attorney general of the state is to
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provide legal assistance and advice to the director in any action to collect the penalty. In any
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action brought to enforce the provisions of this section, reasonable attorney's fees and costs shall
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be awarded.
Legislative Review Note
as of 1-18-00 9:33 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.