DAR File No. 37754

Commerce, Occupational and Professional Licensing

Rule R156-1

General Rule of the Division of Occupational and Professional Licensing

Notice of Proposed Rule

(Amendment)

DAR File No.: 37754
Filed: 06/20/2013 01:31:47 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is first, to establish a fine schedule for the new fine authority established by H.B. 51 from the 2013 General Legislative Session; second, to define the time period for the filing of a motion to quash or modify an administrative subpoena, and any response thereto; third, to modify the exceptions for address list releases to allow for multiple use or disclosure of a list by the requestor for the reason requested; fourth, to extend the renewal date for controlled substance handlers to the same date for pharmacy and pharmacist renewals; and finally, to make technical changes.

Summary of the rule or change:

Subsection R156-1-106(1) is modified to delete the language "and shall not be sold or otherwise redisclosed by the requestor" to enable a requestor to use an address list multiple times for the reason requested, instead of having to request it each time. This is less cumbersome and more cost effective for both the requestor and the Division. Subsection R156-1-110(3) is added to address the time periods for filing and serving a motion to quash an administrative subpoena and any response thereto. It prohibits the filing of a final reply by the recipient of an administrative subpoena. In Section R156-1-308a, the renewal date for Controlled Substance Handlers is extended from May 31st of odd years to September 30th of odd years to coincide with pharmacy renewals to which they relate. The way in which they have been handled has created confusion. Controlled Substance Handlers were not sent a renewal notice in anticipation of S.B. 14 (2013) which exempts university researchers from pharmacy licensure. However other researchers and other categories of controlled substance handlers still require licensure. As a result, their renewal date needs to be extended to permit the Division the necessary time to revise the rules to better enumerate, define and address each category of pharmacy in this category, and to send the appropriate renewal notices. Because they are a category of pharmacy licensure, it makes sense to move the renewal date to the same date established for pharmacy and pharmacist renewal. In Section R156-1-502, the fine schedule is modified to include and establish the fine amount for the new offense code Subsection R156-1-501(2)(o) established by H.B. 51 (2013). The fine is established as a range of $0 - $250 for a first offense and $251 - $500 for a second offense with the same standard language addressing third offenses, if any. Violations of probation vary in level of seriousness and there are differences in professions. It is anticipated that the range will allow for and accommodate these differences without greater specificity in the rules. Each case will be evaluated on its own merits utilizing the existing standards set in Section R156-1-302.

State statutory or constitutional authorization for this rule:

• Section 58-1-308
• Subsection 58-1-106(1)(a)
• Subsection 58-1-501(2)

Anticipated cost or savings to:

the state budget:

Rule R156-1 will have to be reprinted at an approximate cost of $100. Revenue will be generated by the new citation and fine authority created by H.B. 51 (2013). The amount cannot be estimated. A small amount of revenue will be lost by allowing address list requests to be used multiple times under a single request instead of requesting and paying for each use. The amount cannot be estimated. Extending the Controlled Substance Handler by four months will result in a delay in collection of the applicable renewal fees. This will be a nominal amount as there are only approximately 110 licensees and it is anticipated that many if not the majority will no longer require pharmacy or pharmacist licensure in light of the exemption for pharmacy researchers established by S.B. 14 (2013). The exemption from licensure will result in a savings to university researchers, most of whom are at the University of Utah, and revenue loss to state government. The initial license fee for Controlled Substance Handlers is $90 and the renewal fee is $68.

local governments:

The proposed amendments do not affect and will not impact local governments.

small businesses:

A small amount of cost savings will be experienced by those who are exempt and able to use address lists by allowing lists to be used multiple times under a single request instead of requesting and paying for each use. The amount cannot be estimated. Extending the Controlled Substance Handler by four months will result in an additional four months to the existing two year license and a corresponding delay before the renewal fee is due. This will be a nominal amount as there are only approximately 110 licensees and it is anticipated that many if not the majority will no longer require pharmacy or pharmacist licensure in light of the exemption for pharmacy researchers established by S.B. 14 (2013). The exemption from licensure will result in a savings to researchers at or associated with a properly accredited university, most of whom are at or associated with the University of Utah. The initial license fee for Controlled Substance Handlers is $90 and the renewal fee is $68.

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

A small amount of cost savings will be experienced by those who are exempt and able to use address lists by allowing lists to be used multiple times under a single request instead of requesting and paying for each use. The amount cannot be estimated. Extending the Controlled Substance Handler by four months will result in an additional four months to the existing two-year license and a corresponding delay before the renewal fee is due. This will be a nominal amount as there are only approximately 110 licensees and it is anticipated that many if not the majority will no longer require pharmacy or pharmacist licensure in light of the exemption for pharmacy researchers established by S.B. 14 (2013). The exemption from licensure will result in a savings to researchers at or associated with a properly accredited university, most of who are at or associated with the University of Utah. The initial license fee for Controlled Substance Handlers is $90 and the renewal fee is $68.

Compliance costs for affected persons:

A small amount of cost savings will be experienced by those who are exempt and able to use address lists by allowing lists to be used multiple times under a single request instead of requesting and paying for each use. The amount cannot be estimated. Extending the Controlled Substance Handler by four months will result in a an additional four months to the existing two-year license and a corresponding delay before the renewal fee is due. This will be a nominal amount as there are only approximately 110 licensees and it is anticipated that many if not the majority will no longer require pharmacy or pharmacist licensure in light of the exemption for pharmacy researchers established by S.B. 14 (2013). The exemption from licensure will result in a savings to researchers at or associated with a properly accredited university, most of who are at or associated with the University of Utah. The initial license fee for Controlled Substance Handlers is $90 and the renewal fee is $68.

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

Nominal savings to businesses that regularly request address lists from the Division should follow from the removal of language that currently prohibits the use of an address list for multiple purposes. Certain pharmacy researchers will also realize savings due to their being exempted from licensure, as required under S.B 14 (2013). No further fiscal impact to businesses is anticipated from this filing.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division 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:

• W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov

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:

08/14/2013

This rule may become effective on:

08/21/2013

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-1. General Rule of the Division of Occupational and Professional Licensing.

R156-1-106. Division - Duties, Functions, and Responsibilities.

(1) In accordance with Subsection 58-1-106(2), the following responses to requests for lists of licensees may include multiple licensees per request and may include home telephone numbers, home addresses, and e-mail addresses, subject to the restriction that the addresses and telephone numbers shall only be used by a requester for purposes for which the requester is properly authorized[ and shall not be sold or otherwise redisclosed by the requester]:

(a) responses to requests from another governmental entity, government-managed corporation, a political subdivision, the federal government, another state, or a not-for-profit regulatory association to which the Division is a member;

(b) responses to requests from an occupational or professional association, private continuing education organizations, trade union, university, or school, for purposes of education programs for licensees;

(c) responses to a party to a prelitigation proceeding convened by the Division under Title 78, Chapter 14;

(d) responses to universities, schools, or research facilities for the purposes of research;

(e) responses to requests from licensed health care facilities or third party credentialing services, for the purpose of verifying licensure status for issuing credentialing or reimbursement purposes; and

(f) responses to requests from a person preparing for, participating in, or responding to:

(i) a national, state or local emergency;

(ii) a public health emergency as defined in Section 26-23b-102; or

(iii) a declaration by the President of the United States or other federal official requesting public health-related activities.

(2) In accordance with Subsection 58-1-106(3)(a) and (b), the Division may deny a request for an address or telephone number of a licensee to an individual who provides proper identification and the reason for the request, in writing, to the Division, if the reason for the request is deemed by the Division to constitute an unwarranted invasion of privacy or a threat to the public health, safety, and welfare.

(3) In accordance with Subsection 58-1-106(3)(c), proper identification of an individual who requests the address or telephone number of a licensee and the reason for the request, in writing, shall consist of the individual's name, mailing address, and daytime number, if available.

 

R156-1-109. Presiding Officers.

In accordance with Subsection 63G-4-103(1)(h), Sections 58-1-104, 58-1-106, 58-1-109, 58-1-202, 58-1-203, 58-55-103, and 58-55-201, except as otherwise specified in writing by the director, or for Title 58, Chapter 55, the Construction Services Commission, the designation of presiding officers is clarified or established as follows:

(1) The Division regulatory and compliance officer 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 regulatory and compliance officer is unable to so serve for any reason, a replacement specified by the 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. Unless otherwise specified in writing by the director, or with regard to Title 58, Chapter 55, by the Construction Services Commission, 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 or commission, respectively, determining the discipline to be imposed, licensure action to be taken, relief to be granted, etc.

(3) Except as provided in Subsection (4) or otherwise specified in writing by the director, the presiding officer for adjudicative proceedings before the Division are as follows:

(a) Director. The director shall be the presiding officer for:

(i) formal adjudicative proceedings described in Subsections R156-46b-201(1)(b), and R156-46b-201(2)(a) through (c), however resolved, including stipulated settlements and hearings; and

(ii) informal adjudicative proceedings described in Subsections R156-46b-202(1)(g), (j), (l), (m), (o), (s), and (t), and R156-46b-202(2)(a) through (d), however resolved, including memorandums of understanding and stipulated settlements.

(b) Bureau managers or program coordinators. Except for Title 58, Chapter 55, the bureau manager or program coordinator over the occupation or profession or program involved shall be the presiding officer for:

(i) formal adjudicative proceedings described in Subsection R156-46b-201(1)(c), for purposes of determining whether a request for a board of appeal is properly filed as set forth in Subsections R156-[56-105]15A-210(1) through (4); and

(ii) informal adjudicative proceedings described in Subsections R156-46b-202(1)(a) through (d),(f), (h), (j), (n), (p)(ii) and (iii), (q)(ii) and (iii), (r)(ii) and (iii), and R156-46b-202(2)(b)(iii).

(iii) At the direction of a bureau manager or program coordinator, a licensing technician or program technician may sign an informal order in the name of the licensing technician or program technician provided the wording of the order has been approved in advance by the bureau manager or program coordinator and provided the caption "FOR THE BUREAU MANAGER" or "FOR THE PROGRAM COORDINATOR" immediately precedes the licensing technician's or program technician's signature.

(c) Citation Hearing Officer. The regulatory and compliance officer or other citation hearing officer designated in writing by the director shall be the presiding officer for the adjudicative proceeding described in Subsection R156-46b-202(1)(k).

(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(1)(e) for convening a board of appeal under Subsection 15A-1-207(3), for serving as fact finder at any evidentiary hearing associated with a board of appeal, and for entering the final order associated with a board of appeal. An administrative law judge shall perform the role specified in Subsection 58-1-109(2).

(e) Residence Lien Recovery Fund Advisory Board. The Residence Lien Recovery Fund Advisory Board shall be the presiding officer for adjudicative proceedings described in Subsection R156-46b-202(1)(f) that exceed the authority of the program coordinator, as delegated by the board, or are otherwise referred by the program coordinator to the board for action.

(4) Unless otherwise specified in writing by the Construction Services Commission, the presiding officers and process for adjudicative proceedings under Title 58, Chapter 55, are established or clarified as follows:

(a) Commission.

(i) The commission shall be the presiding officer for all adjudicative proceedings under Title 58, Chapter 55, except as otherwise delegated by the commission in writing or as otherwise provided in this rule; provided, however, that all orders adopted by the commission as a presiding officer shall require the concurrence of the director.

(ii) Unless otherwise specified in writing by the commission, the commission is designated as the presiding officer:

(A) informal adjudicative proceedings described in Subsections R156-46b-202(1)(l), (m),(o),(r)(i), (s), and (t), and R156-46b-202(2)(b) through (d), however resolved, including memorandums of understanding and stipulated settlements;

(B) to serve as fact finder and adopt orders in formal evidentiary hearings associated with adjudicative proceedings involving persons licensed as or required to be licensed under Title 58, Chapter 55; and

(C) to review recommended orders of a board, an administrative law judge, or other designated presiding officer who acted as the fact finder in an evidentiary hearing involving a person licensed or required to be licensed under Title 58, Chapter 55, and to adopt an order of its own. In adopting its order, the commission may accept, modify or reject the recommended order.

(iii) If the commission is unable for any reason to act as the presiding officer as specified, it shall designate another presiding officer in writing to so act.

(iv) Orders of the commission shall address all issues before the commission and shall be based upon the record developed in an adjudicative proceeding conducted by the commission. In cases in which the commission has designated another presiding officer to conduct an adjudicative proceeding and submit a recommended order, the record to be reviewed by the commission shall consist of the findings of fact, conclusions of law, and recommended order submitted to the commission by the presiding officer based upon the evidence presented in the adjudicative proceeding before the presiding officer.

(v) The commission or its designee shall submit adopted orders to the director for the director's concurrence or rejection within 30 days after it receives a recommended order or adopts an order, whichever is earlier. An adopted order shall be deemed issued and constitute a final order upon the concurrence of the director.

(vi) If the director or his designee refuses to concur in an adopted order of the commission or its designee, the director or his designee shall return the order to the commission or its designee with the reasons set forth in writing for the nonconcurrence therein. The commission or its designee shall reconsider and resubmit an adopted order, whether or not modified, within 30 days of the date of the initial or subsequent return, provided that unless the director or his designee and the commission or its designee agree to an extension, any final order must be issued within 90 days of the date of the initial recommended order, or the adjudicative proceeding shall be dismissed. Provided the time frames in this subsection are followed, this subsection shall not preclude an informal resolution such as an executive session of the commission or its designee and the director or his designee to resolve the reasons for the director's refusal to concur in an adopted order.

(vii) The record of the adjudicative proceeding shall include recommended orders, adopted orders, refusals to concur in adopted orders, and final orders.

(viii) The final order issued by the commission and concurred in by the director may be appealed by filing a request for agency review with the executive director or his designee within the department.

(ix) The content of all orders shall comply with the requirements of Subsection 63G-4-203(1)(i) and Sections 63G-4-208 and 63G-4-209.

(b) Director. The director is designated as the presiding officer for the concurrence role on disciplinary proceedings under Subsections R156-46b-202(2)(b) through (d) as required by Subsection 58-55-103(1)(b)(iv).

(c) Administrative Law Judge. Unless otherwise specified in writing by the commission, the department administrative law judge is designated as the presiding officer to conduct formal adjudicative proceedings before the commission and its advisory boards, as specified in Subsection 58-1-109(2).

(d) Bureau Manager. Unless otherwise specified in writing by the commission, the responsible bureau manager is designated as the presiding officer for conducting informal adjudicative proceedings specified in Subsections R156-46b-202(1)(a) through (d),(h),(n), (p)(i) and (q)(i).

(e) At the direction of a bureau manager, a licensing technician may sign an informal order in the name of the licensing technician provided the wording 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.

(f) Plumbers Licensing Board. Except as set forth in Subsection (c) or as otherwise specified in writing by the commission, the Plumbers Licensing Board is designated as the presiding officer to serve as the fact finder and to issue recommended orders to the commission in formal evidentiary hearings associated with adjudicative proceedings involving persons licensed as or required to be licensed as plumbers.

(g) Electricians Licensing Board. Except as set forth in Subsection (c) or as otherwise specified in writing by the commission, the Electricians Licensing Board is designated as the presiding officer to serve as the fact finder and to issue recommended orders to the commission in formal evidentiary hearings associated with adjudicative proceedings involving persons licensed as or required to be licensed as electricians.

(h) Alarm System Security and Licensing Board. Except as set forth in Subsection (c) or as otherwise specified in writing by the commission, the Alarm System Security and Licensing Board is designated as the presiding officer to serve as the fact finder and to issue recommended orders to the commission in formal evidentiary hearings associated with adjudicative proceedings involving persons licensed as or required to be licensed as alarm companies or agents.

 

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(1)(c), 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 person who requests an investigative subpoena is responsible for service of the subpoena.

(3)(a) Service may be made:

(i) on a person upon whom a summons may be served pursuant to the Utah Rules of Civil Procedure; and

(ii) personally or on the agent of the person being served.

(b) If a party is represented by an attorney, service shall be made on the attorney.

(4)(a) Service may be accomplished by hand delivery or by mail to the last known address of the intended recipient.

(b) Service by mail is complete upon mailing.

(c) Service may be accomplished by electronic means.

(d) Service by electronic means is complete on transmission if transmission is completed during normal business hours at the place receiving the service; otherwise, service is complete on the next business day.

(5) There shall appear on all investigative subpoenas a certificate of service.

(6) The investigative subpoena authority may quash or modify an investigative subpoena if it is shown to be unreasonable or oppressive.

(a) A motion to quash or modify an investigative subpoena shall be filed with and served upon the subpoena authority no later than ten days after service of the investigative subpoena.

(b) A response by the Division to a motion to quash or modify an investigative subpoena shall be filed with and served upon the subpoena authority no later than five business days after receipt of a motion to quash or modify an investigative subpoena.

(c) No final reply by the recipient of an investigative subpoena who files a motion to quash or modify shall be permitted.

 

R156-1-308a. Renewal Dates.

(1) The following standard two-year renewal cycle renewal dates are established by license classification in accordance with the Subsection 58-1-308(1):

 

TABLE
RENEWAL DATES

(1)  Acupuncturist                       May 31       even years
(2)  Advanced Practice Registered Nurse  January 31   even years

(3)  Advanced Practice Registered
      Nurse-CRNA                         January 31   even years
([3]4)  Architect                           May 31       even years
([4]5)  Athlete Agent                       September 30 even years
([5]6)  Athletic Trainer                    May 31       odd years
([6]7)  Audiologist                         May 31       odd years
([7]8)  Barber                              September 30 odd years
([8]9)  Barber School                       September 30 odd years
([9]10)  Building Inspector                  November 30  odd years
([10]11)  Burglar Alarm Security             March 31     odd years
([11]12)  C.P.A. Firm                        September 30 even years
([12]13)  Certified Court Reporter           May 31       even years
([13]14)  Certified Dietitian                September 30 even years
([14]15)  Certified Medical Language Interpreter March 31 odd years
([15]16)  Certified Nurse Midwife            January 31   even years
([16]17)  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)  Chiropractic Physician             May 31       even years
(20)  Clinical Mental Health Counselor   September 30 even years
(21)  Clinical Social Worker             September 30 even years
(22)  Construction Trades Instructor     November 30  odd years
(23)  Contractor                         November 30  odd years
(24)  Controlled Substance License       Attached to primary
                                           license renewal
(25)  Controlled Substance
            Precursor                    May 31       odd years
(26)  Controlled Substance Handler      [May 31]September 30  odd years
(27)  Cosmetologist/Barber               September 30 odd years
(28)  Cosmetology/Barber School          September 30 odd years
(29)  Deception Detection                November 30  even years
(30)  Dental Hygienist                   May 31       even years
(31)  Dentist                            May 31       even years
(32)  Direct-entry Midwife               September 30 odd years
(33)  Electrician
            Apprentice, Journeyman, Master,
            Residential Journeyman,
            Residential Master           November 30  even years
(34)  Electrologist                      September 30 odd years
(35)  Electrology School                 September 30 odd years
(36)  Elevator Mechanic                  November 30  even years
(37)  Environmental Health Scientist     May 31       odd years
(38)  Esthetician                        September 30 odd years
(39)  Esthetics School                   September 30 odd years
(40)  Factory Built Housing Dealer       September 30 even years
(41)  Funeral Service Director           May 31       even years
(42)  Funeral Service                    May 31       even years
            Establishment
(43)  Genetic Counselor                  September 30 even years
(44)  Health Facility                    May 31       odd years
            Administrator
(45)  Hearing Instrument                 September 30 even years
            Specialist
(46)  Internet Facilitator               September 30 odd years
(47)  Landscape Architect                May 31       even years
(48)  Licensed Advanced Substance
            Use Disorder Counselor       May 31       odd years
(49)  Licensed Practical Nurse           January 31   even years
(50)  Licensed Substance           May 31       odd years
            Use Disorder Counselor
(51)  Marriage and Family                September 30 even years
            Therapist
(52)  Massage Apprentice,                May 31       odd years
            Therapist
(53)  Master Esthetician                 September 30 odd years
(54)  Medication Aide Certified          March 31     odd years
(55)  Nail Technologist                  September 30 odd years
(56)  Nail Technology School             September 30 odd years
(57)  Naturopath/Naturopathic            May 31       even years
            Physician
(58)  Occupational Therapist             May 31       odd years
(59)  Occupational Therapy               May 31       odd years
            Assistant
(60)  Optometrist                        September 30 even years
(61)  Osteopathic Physician and          May 31       even years
            Surgeon,
            Online Prescriber
(62)  Outfitter/Hunting Guide            May 31       even years
(63)  Pharmacy Class A-B-C-D-E,          September 30 odd years
            Online Contract Pharmacy
(64)  Pharmacist                         September 30 odd years
(65)  Pharmacy Technician                September 30 odd years
(66)  Physical Therapist                 May 31       odd years
(67)  Physical Therapist Assistant       May 31       odd years
(68)  Physician Assistant                May 31       even years
(69)  Physician and Surgeon,              January 31   even years
            Online Prescriber
(70)  Plumber
            Apprentice, Journeyman,
            Master, Residential Master,
            Residential Journeyman       November 30  even years
(71)  Podiatric Physician                September 30 even years
(72)  Pre Need Funeral Arrangement
            Sales Agent                  May 31       even years
(73)  Private Probation Provider         May 31       odd years
(74)  Professional Engineer              March 31     odd years
(75)  Professional Geologist             March 31     odd years
(76)  Professional Land Surveyor         March 31     odd years
(77)  Professional Structural            March 31     odd years
            Engineer
(78)  Psychologist                       September 30 even years
(79)  Radiologic Technologist,            May 31       odd years
          Radiology Practical Technician
         Radiologist Assistant
(80)  Recreational Therapy
            Therapeutic Recreation Technician,
            Therapeutic Recreation Specialist,
            Master Therapeutic
            Recreation Specialist          May 31       odd years
(81)  Registered Nurse                   January 31   odd years
(82)  Respiratory Care                   September 30 even years
            Practitioner
(83)  Security Personnel                 November 30  even years
(84)  Social Service Worker              September 30 even years
(85)  Speech-Language Pathologist        May 31       odd years
(86)  Veterinarian                       September 30 even years
(87)  Vocational Rehabilitation Counselor  March 31    odd years

 

(2) The following non-standard renewal terms and renewal or extension cycles are established by license classification in accordance with Subsection 58-1-308(1) and in accordance with specific requirements of the license:

(a) Associate Clinical Mental Health Counselor licenses shall be issued for a three year term and may be extended if the licensee presents satisfactory evidence to the Division and the Board that reasonable progress is being made toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure.

(b) Associate Marriage and Family Therapist licenses shall be issued for a three year term and may be extended if the licensee presents satisfactory evidence to the Division and the board that reasonable progress is being made toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure; but the period of the extension may not exceed two years past the date the minimum supervised experience requirement has been completed.

(c) Certified Advanced Substance Use Disorder Counselor licenses shall be issued for a period of four years and may be extended if the licensee presents satisfactory evidence to the Division and Board that reasonable progress is being made toward completing the required hours of supervised experience necessary for the next level of licensure.

(d) Certified Advanced Substance Use Disorder Counselor Intern licenses shall be issued for a period of six months or until the examination is passed whichever occurs first.

(e) Certified Substance Use Disorder Counselor licenses shall be issued for a period of two years and may be extended if the licensee presents satisfactory evidence to the Division and Board that reasonable progress is being made toward completing the required hours of supervised experience necessary for the next level of licensure.

(f) Certified Social Worker Intern licenses shall be issued for a period of six months or until the examination is passed whichever occurs first.

(g) Certified Substance Use Disorder Counselor Intern licenses shall be issued for a period of six months or until the examination is passed, whichever occurs first.

(h) Dental Educator licenses shall be issued for a two year renewable term, until the date of termination of employment with the dental school as an employee, or until the failure to maintain any of the requirements of Section 58-69-302.5, whichever occurs first.

(i) Funeral Service Apprentice licenses shall be issued for a two year term and may be extended for an additional two year term if the licensee presents satisfactory evidence to the Division and the board that reasonable progress is being made toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure.

(j) Hearing Instrument Intern licenses shall be issued for a three year term and may be extended if the licensee presents satisfactory evidence to the Division and the Board that reasonable progress is being made toward passing the qualifying examination, but a circumstance arose beyond the control of the licensee, to prevent the completion of the examination process.

(k) Psychology Resident licenses shall be issued for a two year term and may be extended if the licensee presents satisfactory evidence to the Division and the board that reasonable progress is being made toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure; but the period of the extension may not exceed two years past the date the minimum supervised experience requirement has been completed.

(l) Type I Foreign Trained Physician-Educator licenses will be issued initially for a one-year term and thereafter renewed every two years following issuance.

(m) Type II Foreign Trained Physician-Educator licenses will be issued initially for an annual basis and thereafter renewed annually up to four times following issuance if the licensee continues to satisfy the requirements described in Subsection 58-67-302.7(3) and completes the required continuing education requirements established under Section 58-67-303.

 

R156-1-502. Administrative Penalties.

(1) In accordance with Subsection 58-1-401(5) and Section 58-1-502, except as otherwise provided by a specific chapter under Title R156, the following fine schedule shall apply to citations issued under the referenced authority:

 

TABLE

FINE SCHEDULE

FIRST OFFENSE

Violation                Fine
58-1-501(1)(a)           $ 500.00
58-1-501(1)(c)           $ 800.00

58-1-501(1)(o)           $ 0 - $250.00

SECOND OFFENSE

58-1-501(1)(a)           $1,000.00
58-1-501(1)(c)           $1,600.00

58-1-501(1)(o)           $251.00 - $500.00

THIRD OFFENSE

Double the amount for a second offense with a maximum amount
not to exceed the maximum fine allowed under Subsection
58-1-502(2)(j)(iii).

 

(2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor.

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

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

(5) The presiding officer for a contested citation shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator based upon the evidence reviewed.

 

KEY: diversion programs, licensing, supervision, evidentiary restrictions

Date of Enactment or Last Substantive Amendment: [March 11, ]2013

Notice of Continuation: January 5, 2012

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)