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Terms Used In Utah Code 58-55-303

  • Apprentice electrician: means a person licensed under this chapter as an apprentice electrician who is learning the electrical trade under the immediate supervision of a master electrician, residential master electrician, a journeyman electrician, or a residential journeyman electrician. See Utah Code 58-55-102
  • Approved continuing education: means instruction provided through courses under a program established under Subsection Utah Code 58-55-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Commission: means the Construction Services Commission created under Section 58-55-103. See Utah Code 58-55-102
  • Contractor: means any person who for compensation other than wages as an employee undertakes any work in the construction, plumbing, or electrical trade for which licensure is required under this chapter and includes:
              (17)(a)(i) a person who builds any structure on the person's own property for the purpose of sale or who builds any structure intended for public use on the person's own property;
              (17)(a)(ii) any person who represents that the person is a contractor, or will perform a service described in this Subsection (17)by advertising on a website or social media, or any other means;
              (17)(a)(iii) any person engaged as a maintenance person, other than an employee, who regularly engages in activities set forth under the definition of "construction trade";
              (17)(a)(iv) any person engaged in, or offering to engage in, any construction trade for which licensure is required under this chapter; or
              (17)(a)(v) a construction manager, construction consultant, construction assistant, or any other person who, for a fee:
                   (17)(a)(v)(A) performs or offers to perform construction consulting;
                   (17)(a)(v)(B) performs or offers to perform management of construction subcontractors;
                   (17)(a)(v)(C) provides or offers to provide a list of subcontractors or suppliers; or
                   (17)(a)(v)(D) provides or offers to provide management or counseling services on a construction project. See Utah Code 58-55-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Financial responsibility: means a demonstration of a current and expected future condition of financial solvency evidencing a reasonable expectation to the division and the board that an applicant or licensee can successfully engage in business as a contractor without jeopardy to the public health, safety, and welfare. See Utah Code 58-55-102
  • Journeyman electrician: means a person licensed under this chapter as a journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes. See Utah Code 58-55-102
  • Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Master electrician: means a person licensed under this chapter as a master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes. See Utah Code 58-55-102
  • Residential journeyman electrician: means a person licensed under this chapter as a residential journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes on buildings using primarily nonmetallic sheath cable. See Utah Code 58-55-102
  • Residential master electrician: means a person licensed under this chapter as a residential master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes on residential projects. See Utah Code 58-55-102
  • Unincorporated entity: means an entity that is not:
         (51)(a) an individual;
         (51)(b) a corporation; or
         (51)(c) publicly traded. See Utah Code 58-55-102
     (1)(a) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule.
     (1)(b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycle it administers.
     (1)(c)

          (1)(c)(i) Notwithstanding a renewal cycle under Subsection (1)(a) or (b), notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, and subject to Subsection (1)(c)(ii), a license is automatically suspended 60 days after the licensee:

               (1)(c)(i)(A) becomes, after the time of licensing, an unincorporated entity that is subject to the ownership status report filing requirements of Subsection 58-55-302(6)(a)(i); or
               (1)(c)(i)(B) transfers its license to an unincorporated entity that is subject to the ownership status report filing requirements of Subsection 58-55-302(6)(a)(i).
          (1)(c)(ii) An automatic suspension does not occur under Subsection (1)(c)(i) if, before the expiration of the 60-day period in Subsection (1)(c)(i):

               (1)(c)(ii)(A) the licensee submits an application for renewal of the license; and
               (1)(c)(ii)(B) the division renews the licensee’s license pursuant to the licensee’s application for renewal.
          (1)(c)(iii) Within 30 days after the effective date of a suspension under Subsection (1)(c)(i), the commission shall, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, make a final determination concerning the suspension.
(2) At the time of renewal, the licensee shall show satisfactory evidence of:

     (2)(a) continuing financial responsibility as required under Section 58-55-306;
     (2)(b) for a contractor licensee, completion of six hours of approved continuing education, as required in Section 58-55-302.5; and
     (2)(c) if the licensee is an apprentice electrician or plumber, journeyman electrician or plumber, master electrician or plumber, residential journeyman electrician or plumber, or residential master electrician or plumber, completion of the number of hours of continuing education specified under Section 58-55-302.7.
(3) Each license automatically expires on the expiration date shown on the license unless the licensee renews the license in accordance with Section 58-1-308.
(4) The requirements of Subsection 58-55-302(5) shall also apply to applicants seeking to renew or reinstate a license.
(5) In addition to any other requirements imposed by law, if a license has been suspended or revoked for any reason, the applicant:

     (5)(a) shall pay in full all fines imposed by the division;
     (5)(b) resolve any outstanding citations or disciplinary actions with the division;
     (5)(c) satisfy any Section 58-55-503 judgment and sentence or nontrial resolution;
     (5)(d) complete a new financial responsibility review as required under Section 58-55-306, using only titled assets; and
     (5)(e) pay in full any reimbursement amount as provided in Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act.
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