As used in this chapter:

(1) “Department” means the Department of Commerce.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 13-1b-101

  • Department: means the Department of Commerce. See Utah Code 13-1b-101
  • Director: means the director of the office. See Utah Code 13-1b-101
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 13-1b-101
  • Occupation: means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell, irrespective of whether the individual selling the goods or services is subject to an occupational regulation. See Utah Code 13-1b-101
  • Office: means the Office of Professional Licensure Review created in this chapter. See Utah Code 13-1b-101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Personal qualifications: includes :
              (11)(b)(i) completion of an approved education program;
              (11)(b)(ii) satisfactory performance on an examination;
              (11)(b)(iii) work experience; and
              (11)(b)(iv) completion of continuing education. See Utah Code 13-1b-101
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Regulated occupation: means an occupation that:
         (12)(a) requires a person to obtain a license to practice the occupation; or
         (12)(b) provides for state certification or state registration. See Utah Code 13-1b-101
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State certification: means a state-granted authorization given to a person to use the term "state certified" as part of a designated title related to engaging in a specified occupation:
         (13)(a) based on the person meeting personal qualifications established under state law; and
         (13)(b) where state law prohibits a noncertified person from using the term "state certified" as part of a designated title but does not otherwise prohibit a noncertified person from engaging in the occupation for compensation. See Utah Code 13-1b-101
  • State registration: means a state-granted authorization given to a person to use the term "state registered" as part of a designated title related to engaging in a specified occupation:
         (14)(a) based on the person meeting requirements established under state law, which may include the person's name and address, the person's agent for service of process, the location of the activity to be performed, and bond or insurance requirements;
         (14)(b) where state law does not require the person to meet any personal qualifications; and
         (14)(c) where state law prohibits a nonregistered person from using the term "state registered" as part of a designated title. See Utah Code 13-1b-101
  • Statute: A law passed by a legislature.
(2) “Director” means the director of the office.
(3) “Executive director” means the executive director of the Department of Commerce.
(4) “Government requestor” means:

     (4)(a) the governor;
     (4)(b) an executive branch officer other than the governor;
     (4)(c) an executive branch agency;
     (4)(d) a legislator; or
     (4)(e) a legislative committee.
(5) “Health, safety, or financial welfare of the public” includes protecting against physical injury, property damage, or financial harm of the public.
(6) “License” or “licensing” means a state-granted authorization for a person to engage in a specified occupation:

     (6)(a) based on the person meeting personal qualifications established under state law; and
     (6)(b) where state law requires the authorization before the person may lawfully engage in the occupation for compensation.
(7) “Newly regulate” means to create by statute or administrative rule a new license, certification, registration, or exemption classification regarding an occupation.
(8) “Occupation” means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell, irrespective of whether the individual selling the goods or services is subject to an occupational regulation.
(9) “Office” means the Office of Professional Licensure Review created in this chapter.
(10) “Periodic review” means a review described in Subsection 13-1b-203(2).
(11)

     (11)(a) “Personal qualifications” means criteria established in state law related to an individual’s background.
     (11)(b) “Personal qualifications” includes:

          (11)(b)(i) completion of an approved education program;
          (11)(b)(ii) satisfactory performance on an examination;
          (11)(b)(iii) work experience; and
          (11)(b)(iv) completion of continuing education.
(12) “Regulated occupation” means an occupation that:

     (12)(a) requires a person to obtain a license to practice the occupation; or
     (12)(b) provides for state certification or state registration.
(13) “State certification” means a state-granted authorization given to a person to use the term “state certified” as part of a designated title related to engaging in a specified occupation:

     (13)(a) based on the person meeting personal qualifications established under state law; and
     (13)(b) where state law prohibits a noncertified person from using the term “state certified” as part of a designated title but does not otherwise prohibit a noncertified person from engaging in the occupation for compensation.
(14) “State registration” means a state-granted authorization given to a person to use the term “state registered” as part of a designated title related to engaging in a specified occupation:

     (14)(a) based on the person meeting requirements established under state law, which may include the person’s name and address, the person’s agent for service of process, the location of the activity to be performed, and bond or insurance requirements;
     (14)(b) where state law does not require the person to meet any personal qualifications; and
     (14)(c) where state law prohibits a nonregistered person from using the term “state registered” as part of a designated title.
(15) “Sunrise review” means a review under this chapter of an application to establish a new regulated occupation.