(1) In accordance with Section 58-1-401, the division may:

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Terms Used In Utah Code 58-55-401

  • 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
  • Individual: means a natural person. 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-55-501. See Utah Code 58-55-102
  • Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-55-502 and as may be further defined by rule. See Utah Code 58-55-102
     (1)(a) refuse to issue a license to an applicant;
     (1)(b) refuse to renew the license of a licensee;
     (1)(c) revoke the right of a licensee to recover from the Residence Lien Recovery Fund created by Section 38-11-201;
     (1)(d) revoke, suspend, restrict, or place on probation the license of a licensee;
     (1)(e) issue a public or private reprimand to a licensee; and
     (1)(f) issue a cease and desist order.
(2) In addition to an action taken under Subsection (1), the division may take an action described in Subsection 58-1-401(2) in relation to a license as a contractor, if:

     (2)(a) the applicant or licensee is an unincorporated entity; and
     (2)(b) an individual who holds an ownership interest in or is the qualifier under Section 58-55-304 of the applicant or licensee engages in:

          (2)(b)(i) unlawful conduct as described in Section 58-55-501; or
          (2)(b)(ii) unprofessional conduct as described in Section 58-55-502.
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