DAR File No. 40649

Commerce, Occupational and Professional Licensing

Rule R156-55a

Utah Construction Trades Licensing Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40649
Filed: 08/04/2016 03:48:20 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 55, provides for the licensure and regulation of contractors. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-55-103 (1)(b)(i) provides that the Commission shall, with the concurrence of the director, make reasonable rules. This rule was enacted to clarify the provisions of Title 58, Chapter 55, with respect to contractors.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in October 2011, it has been amended several times between 2012 and 2016. In July 2015, the Division filed proposed rule amendments in File No. 39461. Numerous written comments and emails were received with respect to the proposed rule amendments regarding public liability insurance policy requirements for contractors. Also, numerous written comments and emails were received with respect to the proposed requirement that three hours of the required six hours of continuing education are to be completed in a live setting. As a result of the comments received with respect to the public liability insurance matter, the Division and Construction Services Commission filed a change in proposed rule (CPR) filing in September 2015. The proposed amendments with respect to the public liability insurance matter were deleted in the CPR filing. On 11/18/2015, the Construction Services Commission reviewed all of the written comments and emails with respect to all of the amendments being proposed in File No. 39461 and determined that the proposed amendments would be made effective with no further changes beyond the public liability insurance amendments which were deleted in the September 2015 CPR filing. The proposed amendments with respect to continuing education hours required in a live setting were made effective on 11/23/2015 upon recommendation of the Construction Services Commission in its 11/18/2015 meeting. The Division also filed proposed rule amendments in September 2014 under File No. 38760 with regards to required 20-hour prelicensure education standards which were enacted during the 2014 Legislative Session. The Division received an 10/01/2014 written comment from Jerold Oldroyd of Ballard Spahr regarding the proposed prelicensure education standards and who could provide that training/education. The Construction Services Commission had reviewed and heard Mr. Oldroyd's concerns during a 09/24/2014 rule hearing as Mr. Oldroyd appeared during that rule hearing and relayed the same information he later sent as a written comment in October 2014. The proposed amendments in File No. 38760 were made effective on 10/09/2014 with no additional changes. The Division also received a 03/24/2014 email from David Sime notifying the Division of a typographical error in Section 301, Table I. The Division filed a nonsubstantive change in File No. 38380 on 03/24/2014 as a result of this notification. The Division filed proposed rule amendments in August 2012 in File No. 36687. A 09/18/2012 email from Art Hovley to Senator Todd Weiler was provided to the Division. As a result of comments provided and additional discussions needed between various parties, the proposed amendments in this rule filing were allowed to lapse in October 2012.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 55, with respect to contractors. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession.

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:

• Dan Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov

Effective:

08/04/2016

Authorized by:

Mark Steinagel, Director