DAR File No. 41346

Commerce, Occupational and Professional Licensing

Section R156-76-501

Administrative Penalties - Unlawful Conduct

Notice of Proposed Rule

(Amendment)

DAR File No.: 41346
Filed: 03/06/2017 05:18:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division is filing this rule change to make a typographical correction for proper comprehension and execution of the rule as it relates to citations being issued for third offenses.

Summary of the rule or change:

Subsection R156-76-501(6) should state that citations shall not be issued for third offenses, except in extraordinary circumstances. However, the word "not" was inadvertently omitted. Accordingly. this filing adds the word "not" back into the rule for proper comprehension and execution.

Statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-76-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendment applies only to licensed professional geologists and persons who may engage in unlicensed practice as a professional geologist. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendment applies only to licensed professional geologists and persons who may engage in unlicensed practice as a professional geologist. This typographical correction is expected to have a negligible impact, if any, on small business as it will only require small formatting changes to existing media. These will vary from business to business, so any cost cannot be estimated by the Division.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendment applies only to licensed professional geologists and persons who may engage in unlicensed practice as a professional geologist. The amendment is not expected to have any impact on such persons as this formatting change is a typographical correction that brings the rule into compliance with existing practice.

Compliance costs for affected persons:

The proposed amendment applies only to licensed professional geologists and persons who may engage in unlicensed practice as a professional geologist. The amendment is not expected to have any impact on such persons as this formatting change is a typographical correction that brings the rule into compliance with existing practice.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule change merely constitutes the correction of a minor typographical error in the rule. Subsection R156-76-501(6) should state that citations shall not be issued for third offenses, except in extraordinary circumstances. However, the word "not" was inadvertently omitted. This rule amendment inserts the word "not" into the proper place in the rule. No fiscal impact to small business will result from this rule change.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Steve Duncombe at the above address, by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2017

This rule may become effective on:

05/08/2017

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-76. Professional Geologist Licensing Act Rule.

R156-76-501. Administrative Penalties - Unlawful Conduct.

In accordance with Sections 58-76-501 and 58-76-502 and Subsections 58-1-501(1)(a) through (d), unless otherwise ordered by the presiding officer, the following fine schedule shall apply.

(1) Engaging in unlicensed practice or using any title that would cause a reasonable person to believe the user of the title is licensed under this chapter.

First Offense: $800

Second Offense: $1,600

(2) Engaging in, or representing oneself as engaged in the practice of geology as a corporation, proprietorship, partnership, or limited liability company unless exempted from licensure.

First Offense: $800

Second Offense: $1,600

(3) Impersonating another licensee or engaging in practice under this chapter using a false or assumed name, unless permitted by law.

First Offense: $1,000

Second Offense: $2,000

(4) Knowingly employing any person to practice under this chapter who is not licensed to do so.

First Offense: $1,000

Second Offense: $2,000

(5) Knowingly permitted any person to use his license except as permitted by law.

First Offense: $1,000

Second Offense: $2,000

(6) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Subsection 58-76-502(1)(i).

(7) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(8) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(9) In all cases the presiding officer shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount based upon the evidence reviewed.

 

KEY: licensing, professional geologists, geology

Date of Enactment or Last Substantive Amendment: [November 7, 2016]2017

Notice of Continuation: February 2, 2017

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-76-101