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H.B. 324 Enrolled

                 

CONTRACTOR LICENSING AMENDMENTS

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: David Ure

                  AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING;
                  REPEALING THE MONETARY LIMIT FOR CONTRACTORS; AMENDING THE
                  FINANCIAL RESPONSIBILITY REQUIREMENTS FOR CONTRACTORS; EXTENDING
                  THE CITATION AUTHORITY OF THE DIVISION FOR VIOLATIONS OF THE LICENSING
                  ACT; AND MAKING TECHNICAL CHANGES.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      58-55-102, as last amended by Chapter 240, Laws of Utah 1996
                      58-55-306, as renumbered and amended by Chapter 181, Laws of Utah 1994
                      58-55-402, as renumbered and amended by Chapter 181, Laws of Utah 1994
                      58-55-403, as renumbered and amended by Chapter 181, Laws of Utah 1994
                      58-55-501, as enacted by Chapter 181, Laws of Utah 1994
                      58-55-503, as last amended by Chapter 10, Laws of Utah 1997
                  REPEALS:
                      58-55-309, as renumbered and amended by Chapter 181, Laws of Utah 1994
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 58-55-102 is amended to read:
                       58-55-102. Definitions.
                      In addition to the definitions in Section 58-1-102 , as used in this chapter:
                      (1) "Apprentice electrician" means a person licensed under this chapter as an apprentice
                  electrician who is learning the electrical trade under approved supervision of a master electrician,
                  residential master electrician, a journeyman electrician, or a residential journeyman electrician.
                      (2) "Apprentice plumber" means a person licensed under this chapter as an apprentice
                  plumber who is learning the plumbing trade under approved supervision of a journeyman plumber.
                      (3) "Approved supervision" means the immediate supervision of apprentices by qualified


                  licensed electricians or plumbers as a part of a planned program of training.
                      (4) "Board" means the Contractors Licensing Board, Electrician Licensing Board, or
                  Plumbers Licensing Board created in Section 58-55-201 .
                      (5) "Construction trade" means any trade or occupation involving construction, alteration,
                  remodeling, repairing, wrecking or demolition, addition to, or improvement of any building, highway,
                  road, railroad, dam, bridge, structure, excavation or other project, development, or improvement to
                  other than personal property.
                      (6) "Construction trades instructor" means a person licensed under this chapter to teach one
                  or more construction trades in both a classroom and project environment, where a project is intended
                  for sale to or use by the public and is completed under the direction of an instructor who has no
                  economic interest in the project.
                      (7) "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:
                      (a) a person who builds any structure on his own property for the purpose of sale or who
                  builds any structure intended for public use on his own property;
                      (b) any person who represents himself to be a contractor by advertising or any other means;
                      (c) any person engaged as a maintenance person, other than an employee, who regularly
                  engages in activities set forth under the definition of "construction trade";
                      (d) any person engaged in any construction trade for which licensure is required under this
                  chapter; or
                      (e) a construction manager who performs management and counseling services on a
                  construction project for a fee.
                      (8) (a) "Electrical trade" means the performance of any electrical work involved in the
                  installation, construction, alteration, change, repair, removal, or maintenance of facilities, buildings,
                  or appendages or appurtenances.
                      (b) "Electrical trade" does not include:
                      (i) transporting or handling electrical materials;

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                      (ii) preparing clearance for raceways for wiring; or
                      (iii) work commonly done by unskilled labor or any installations under the exclusive control
                  of electrical utilities.
                      (c) For purposes of Subsection (8)(b):
                      (i) no more than one unlicensed person may be so employed unless more than five licensed
                  electricians are employed by the shop; and
                      (ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio permitted
                  by this Subsection (8)(c).
                      (9) "Employee" means an individual as defined by the division by rule giving consideration
                  to the definition adopted by the Internal Revenue Service and the Department of Workforce Services.
                      (10) "Engage in a construction trade" means to:
                      (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged in a
                  construction trade; or
                      (b) use the name "contractor" or "builder" or in any other way lead a reasonable person to
                  believe one is or will act as a contractor.
                      (11) "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. Financial responsibility may be determined by an evaluation of the
                  total history concerning the licensee or applicant including past, present, and expected condition and
                  record of financial solvency and business conduct.
                      (12) "General building contractor" means a person licensed under this chapter as a general
                  building contractor qualified by education, training, experience, and knowledge to perform or
                  superintend construction of structures for the support, shelter, and enclosure of persons, animals,
                  chattels, or movable property of any kind or any of the components of that construction except
                  plumbing, electrical, and mechanical, for which the general building contractor shall employ the
                  services of a contractor licensed in the particular specialty, except that a general building contractor
                  engaged in the construction of single-family and multifamily residences up to four units may perform

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                  the mechanical and hire a licensed plumber or electrician as an employee. The division may by rule
                  exclude general building contractors from engaging in the performance of other construction
                  specialties in which there is represented a substantial risk to the public health, safety, and welfare, and
                  for which a license is required unless that general building contractor holds a valid license in that
                  specialty classification.
                      (13) "General engineering contractor" means a person licensed under this chapter as a general
                  engineering contractor qualified by education, training, experience, and knowledge to perform
                  construction of fixed works in any or all of the following: irrigation, drainage, water, power, water
                  supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports and runways,
                  sewers and bridges, refineries, pipelines, chemical and industrial plants requiring specialized
                  engineering knowledge and skill, piers, and foundations, or any of the components of those works.
                  However, a general engineering contractor may not perform construction of structures built primarily
                  for the support, shelter, and enclosure of persons, animals, and chattels.
                      (14) "Immediate supervision" means reasonable direction, oversight, inspection, and
                  evaluation of the work of a person, in or out of the immediate presence of the supervising person, so
                  as to ensure that the end result complies with applicable standards.
                      (15) "Individual" means a natural person.
                      (16) "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.
                      (17) "Journeyman plumber" means a person licensed under this chapter as a journeyman
                  plumber having the qualifications, training, experience, and technical knowledge to engage in the
                  plumbing trade.
                      (18) "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.
                      [(19) "Monetary limit" means the limit established by the division under Section 58-55-309 .]

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                      [(20) "Percentage of completion on a contract" is the percentage obtained by dividing costs
                  to date by total estimated costs and multiplying by 100. Unless otherwise specified by rule, specific
                  application of this definition shall be based upon the "cost-to-cost method" provided in the 1990
                  edition of the "Audit and Accounting Guide for Construction Contractors," Appendix D, published
                  by the American Institute of Certified Public Accountants. The division may, upon request or upon
                  its own action, establish an alternate generally recognized method of calculation to determine
                  percentage of completion, if the method is appropriate to the licensee's or applicant's accounting
                  procedures.]
                      [(21)] (19) "Person" means a natural person, sole proprietorship, joint venture, corporation,
                  limited liability company, association, or organization of any type.
                      [(22)] (20) "Plumbing trade" means the performance of any mechanical work pertaining to
                  the installation, alteration, change, repair, removal, maintenance, or use in buildings or within three
                  feet beyond the outside walls of buildings of pipes, fixtures, and fittings for delivery of the water
                  supply, discharge of liquid and water carried waste, or the building drainage system within the walls
                  of the building. It includes that work pertaining to the water supply, distribution pipes, fixtures, and
                  fixture traps, the soil, waste and vent pipes, and the building drain and roof drains together with their
                  devices, appurtenances, and connections where installed within the outside walls of the building.
                      [(23)] (21) "Ratio of apprentices" means, for the purpose of determining compliance with the
                  requirements for planned programs of training and electrician apprentice licensing applications, the
                  shop ratio of apprentice electricians to journeyman or master electricians shall be one journeyman or
                  master electrician to one apprentice on industrial and commercial work, and one journeyman or
                  master electrician to three apprentices on residential work. All on-the-job training shall be under
                  circumstances in which the ratio of apprentices to supervisors is in accordance with a ratio of
                  one-to-one on nonresidential work and up to three apprentices to one supervisor on residential
                  projects.
                      [(24)] (22) "Residential and small commercial contractor" means a person licensed under this
                  chapter as a residential and small commercial contractor qualified by education, training, experience,
                  and knowledge to perform or superintend the construction of single-family residences, multifamily

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                  residences up to four units, and commercial construction of not more than three stories above ground
                  and not more than 20,000 square feet, or any of the components of that construction except
                  plumbing, electrical, and mechanical, for which the residential and small commercial contractor shall
                  employ the services of a contractor licensed in the particular specialty, except that a residential and
                  small commercial contractor engaged in the construction of single-family and multifamily residences
                  up to four units may perform the mechanical work and hire a licensed plumber or electrician as an
                  employee.
                      [(25)] (23) "Residential apprentice plumber" means a person licensed under this chapter as
                  a residential apprentice plumber who is learning the residential plumbing trade while working on
                  residential buildings under the approved supervision of a residential journeyman plumber or a
                  journeyman plumber.
                      [(26)] (24) "Residential building," as it relates to the license classification of residential
                  apprentice plumber and residential journeyman plumber, means a single or multiple family dwelling
                  of up to four units.
                      [(27)] (25) "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.
                      [(28)] (26) "Residential journeyman plumber" means a person licensed under this chapter as
                  a residential journeyman plumber having the qualifications, training, experience, and knowledge to
                  engage in the plumbing trade as limited to the plumbing of residential buildings.
                      [(29)] (27) "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.
                      [(30)] (28) "Residential project," as it relates to an electrician or electrical contractor, means
                  buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules and
                  regulations governing this work, including the National Electrical Code, and in which the voltage

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                  does not exceed 250 volts line to line and 125 volts to ground.
                      [(31)] (29) "Specialty contractor" means a person licensed under this chapter under a
                  specialty contractor classification established by rule, who is qualified by education, training,
                  experience, and knowledge to perform those construction trades and crafts requiring specialized skill
                  the regulation of which are determined by the division to be in the best interest of the public health,
                  safety, and welfare. A specialty contractor may perform work in crafts or trades other than those in
                  which he is licensed if they are incidental to the performance of his licensed craft or trade.
                      [(32)] (30) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-55-501 .
                      [(33)] (31) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-55-502 and
                  as may be further defined by rule.
                      [(34)] (32) "Wages" means all amounts due an employee for labor or services whether the
                  amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating the
                  amount.
                      [(35) "Work in process" means all unfinished work under verbal or written contract, whether
                  in or out of Utah, regardless of whether licensure is required under this chapter, for which costs have
                  accrued or been realized. The value of unfinished work on a contract shall be determined by
                  expressing the current percentage of completion as a decimal fraction, subtracting it from 1.00 and
                  multiplying the difference by the total dollar amount of the contract.]
                      Section 2. Section 58-55-306 is amended to read:
                       58-55-306. Financial responsibility.
                      (1) An applicant for licensure as a contractor, and a licensee applying for renewal or
                  reinstatement of a contractor's license shall demonstrate to the division and the board the applicant's
                  or licensee's financial responsibility before the issuance of or the renewal [of a license. The burden
                  to demonstrate financial responsibility is upon the applicant or licensee.] or reinstatement of a license
                  by:
                      [(2) Evidence of financial responsibility shall be demonstrated by providing the division with
                  a license bond, cash deposit, financial statements prepared by an independent certified public
                  accountant, or by division review of the applicant's or licensee's financial statements, at the option of

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                  the licensee, and in accordance with provisions defined by rule.]
                      [(3) The financial responsibility of a corporation shall be established independently of and
                  without reliance upon the assets or guarantees of its officers, directors, and stockholders, but upon
                  a showing of reasonable need, the division and board may inquire into the financial responsibility of
                  the corporation's officers and directors as a criterion in determining the corporation's financial
                  responsibility.]
                      (a) (i) completing a questionnaire developed by the division; and
                      (ii) signing the questionnaire, certifying that the information provided is true and accurate;
                  or
                      (b) submitting a bond in an amount and form determined by the division.
                      (2) The division may audit an applicant's or licensee's demonstration of financial responsibility
                  on a random basis or upon finding of a reasonable need.
                      (3) The burden to demonstrate financial responsibility is upon the applicant or licensee.
                      Section 3. Section 58-55-402 is amended to read:
                       58-55-402. Investigation of regulated activity.
                      (1) The division shall be responsible for the investigation of persons and activities in violation
                  of the provisions of this chapter.
                      (2) Investigation by the division shall include investigations of:
                      (a) licensees engaged in unlawful or unprofessional conduct; and
                      (b) unlicensed persons engaged in the conduct of activity or work regulated under this
                  chapter and for which a license is required.
                      (3) The division shall decline to proceed with investigation of the violation of any provisions
                  of this chapter if the division finds there is no apparent material jeopardy to the public health, safety,
                  and welfare.
                      (4) The division shall have no responsibility for the inspection of construction work
                  performed in the state to determine compliance with applicable codes, or industry and workmanship
                  standards, except as provided in Subsections 58-1-501 (2)(g), 58-55-502 (2), (3), and (4), and
                  58-55-501 [(16)] (14).

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                      (5) Authorized representatives of the division shall be permitted to enter upon the premises
                  or site of work regulated under this chapter for the purpose of determining compliance with the
                  provisions of this chapter.
                      Section 4. Section 58-55-403 is amended to read:
                       58-55-403. Minimum time for division action.
                      [(1)] The division has at least five working days after receiving an application for licensure
                  to determine whether to issue a license under this chapter.
                      [(2) Except as provided in Subsection (3), the division has at least five working days after
                  receiving a request for a change in the monetary limit to determine whether to grant the change.]
                      [(3) The division shall approve or deny a request for an increase in the monetary limit within
                  five working days after receiving the request if the licensee filed, within five working days before
                  submitting the request to the division, a notice of intent to request an increase under Subsection
                  58-55-309 (5).]
                      Section 5. Section 58-55-501 is amended to read:
                       58-55-501. Unlawful conduct.
                      Unlawful conduct includes:
                      (1) engaging in a construction trade, acting as a contractor, or representing oneself to be
                  engaged in a construction trade or to be acting as a contractor in a construction trade requiring
                  licensure, unless the person doing any of these is appropriately licensed or exempted from licensure
                  under this chapter;
                      (2) acting in a construction trade beyond the scope of the license held;
                      (3) hiring or employing in any manner an unlicensed person, other than an employee for
                  wages who is not required to be licensed under this chapter, to engage in a construction trade for
                  which licensure is required or to act as a contractor or subcontractor in a construction trade requiring
                  licensure;
                      (4) applying for or obtaining a building permit either for oneself or another when not licensed
                  or exempted from licensure as a contractor under this chapter;
                      (5) issuing a building permit to any person for whom there is no evidence of a current license

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                  or exemption from licensure as a contractor under this chapter;
                      (6) applying for or obtaining a building permit for the benefit of or on behalf of any other
                  person who is required to be licensed under this chapter but who is not licensed or is otherwise not
                  entitled to obtain or receive the benefit of the building permit;
                      (7) failing to obtain a building permit when required by law or rule;
                      (8) submitting a bid for any work for which a license is required under this chapter by a
                  person not licensed or exempted from licensure as a contractor under this chapter;
                      (9) willfully or deliberately misrepresenting or omitting a material fact in connection with an
                  application to obtain or renew a license under this chapter;
                      (10) allowing one's license to be used by another except as provided by statute or rule;
                      (11) doing business under a name other than the name appearing on the license, except as
                  permitted by statute or rule;
                      [(12) exceeding one's monetary limit as a licensed contractor, as the limit is defined by statute
                  or rule;]
                      [(13) if licensed as a contractor, submitting a bid on a single project in an amount exceeding
                  his monetary limit, unless he first files with the division a notice of intent to request an increase of the
                  monetary limit in compliance with Subsection 58-55-309 (5);]
                      [(14)] (12) if licensed as a specialty contractor in the electrical trade or plumbing trade,
                  journeyman plumber, residential journeyman plumber, journeyman electrician, master electrician, or
                  residential electrician, failing to directly supervise an apprentice under one's supervision or exceeding
                  the number of apprentices one is allowed to have under his supervision;
                      [(15)] (13) if licensed as a contractor or representing oneself to be a contractor, receiving any
                  funds in payment for a specific project from an owner or any other person, which funds are to pay
                  for work performed or materials and services furnished for that specific project, and after receiving
                  the funds to exercise unauthorized control over the funds by failing to pay the full amounts due and
                  payable to persons who performed work or furnished materials or services within a reasonable period
                  of time;
                      [(16)] (14) if licensed under this chapter, willfully or deliberately disregarding or violating:

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                      (a) the building or construction laws of this state or any political subdivision;
                      (b) the safety and labor laws applicable to a project;
                      (c) any provision of the health laws applicable to a project;
                      (d) the workers' compensation insurance laws of the state applicable to a project;
                      (e) the laws governing withholdings for employee state and federal income taxes,
                  unemployment taxes, FICA, or other required withholdings; or
                      (f) reporting, notification, and filing laws of this state or the federal government;
                      [(17)] (15) aiding or abetting any person in evading the provisions of this chapter or rules
                  established under the authority of the division to govern this chapter; or
                      [(18)] (16) engaging in the construction trade or as a contractor for the construction of
                  residences of up to two units when not currently registered or exempt from registration as a qualified
                  beneficiary under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act.
                      Section 6. Section 58-55-503 is amended to read:
                       58-55-503. Penalty for unlawful conduct -- Citations.
                      (1) Any person who violates Subsections 58-55-501 (1) [through (14), (16), (17) or (18)],
                  (2), (3), (9), (10), or (12), or who fails to comply with a citation issued under this section after it is
                  final, is guilty of a class A misdemeanor. Any person who violates the provisions of Subsection
                  58-55-501 (8) [or (13)] may not be awarded and may not accept a contract for the performance of
                  the work. [Any licensee who submits a notice of intent to request an increase in the monetary limit
                  under Subsection 58-55-309 (5), but who is not granted an increase sufficient to cover the award of
                  a contract upon which he has bid, may not be awarded and may not accept the contract.]
                      (2) Any person who violates the provisions of Subsection 58-55-501 [(15)](13) is guilty of
                  an infraction unless the violator did so with the intent to deprive the person to whom money is to be
                  paid of the money received, in which case the violator is guilty of theft, as classified in Section
                  76-6-412 .
                      (3) Grounds for immediate suspension of the licensee's license by the division and the board
                  include the issuance of a citation for violation of Section 58-55-501 or the failure by a licensee to
                  make application to, report to, or notify the division with respect to any matter for which application,

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                  notification, or reporting is required under this chapter or rules adopted under this chapter, including
                  applying to the division for a new license to engage in a new specialty classification or to do business
                  under a new form of organization or business structure, filing with the division current financial
                  statements, notifying the division concerning loss of insurance coverage, or change in qualifier.
                      (4) (a) If upon inspection or investigation, the division concludes that a contractor has
                  violated the provisions of Subsections 58-55-501 (1), (2), (3), (9), (10), (12), or any rule or order
                  issued with respect to these subsections, and that disciplinary action is appropriate, the director or
                  his designee from within the division for each alternative respectively, shall, promptly issue a citation
                  to the contractor according to this chapter and any pertinent rules, attempt to negotiate a stipulated
                  settlement, or notify the contractor to appear before an adjudicative proceeding conducted under Title
                  63, Chapter 46b, Administrative Procedures Act.
                      (i) Any person who is in violation of the provisions of Subsection 58-55-501 (1), (2), [or] (3),
                  (9), (10), or (12), as evidenced by an uncontested citation, a stipulated settlement, or by a finding of
                  violation in an adjudicative proceeding, may be assessed a fine pursuant to this Subsection (4) and
                  may, in addition to or in lieu of, be ordered to cease and desist from violating Subsection
                  58-55-501 (1), (2), [or] (3), (9), (10), or (12).
                      (ii) Except for a cease and desist order, the licensure sanctions cited in Section 58-55-401
                  may not be assessed through a citation.
                      (b) Each citation shall be in writing and describe with particularity the nature of the violation,
                  including a reference to the provision of the chapter, rule, or order alleged to have been violated. The
                  citation shall clearly state that the recipient must notify the division in writing within 20 calendar days
                  of service of the citation if the recipient wishes to contest the citation at a hearing conducted under
                  Title 63, Chapter 46b, Administrative Procedures Act. The citation shall clearly explain the
                  consequences of failure to timely contest the citation or to make payment of any fines assessed by the
                  citation within the time specified in the citation.
                      [(c) The division may issue a notice in lieu of a citation.]
                      [(d)] (c) Each citation issued under this section, or a copy of each citation, may be served
                  upon any person upon whom a summons may be served in accordance with the Utah Rules of Civil

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                  Procedure and may be made personally or upon his agent by a division investigator or by any person
                  specially designated by the director or by mail.
                      [(e)] (d) If within 20 calendar days from the service of a citation, the person to whom the
                  citation was issued fails to request a hearing to contest the citation, the citation becomes the final
                  order of the division and is not subject to further agency review. The period to contest a citation may
                  be extended by the division for cause.
                      [(f)] (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
                  the license of a licensee who fails to comply with a citation after it becomes final.
                      [(g)] (f) The failure of an applicant for licensure to comply with a citation after it becomes
                  final is a ground for denial of license.
                      [(h)] (g) No citation may be issued under this section after the expiration of six months
                  following the occurrence of any violation.
                      [(i)] (h) Fines shall be assessed by the director or his designee according to the following:
                      (i) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
                      (ii) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000; and
                      (iii) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to $2,000
                  for each day of continued offense.
                      [(j)] (i) (i) For purposes of issuing a final order under this section and assessing a fine under
                  Subsection (4)(i), an offense constitutes a second or subsequent offense if:
                      (A) the division previously issued a final order determining that a person committed a first
                  or second offense in violation of Subsection 58-55-501 (1), (2), [or] (3), (9), (10), or (12); or
                      (B) (I) the division initiated an action for a first or second offense;
                      (II) no final order has been issued by the division in the action initiated under Subsection
                  (4)[(j)] (i)(i)(B)(I);
                      (III) the division determines during an investigation that occurred after the initiation of the
                  action under Subsection (4)[(j)] (i)(i)(B)(I) that the person committed a second or subsequent
                  violation of the provisions of Subsection 58-55-501 (1), (2), [or] (3), (9), (10), or (12); and
                      (IV) after determining that the person committed a second or subsequent offense under

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                  Subsection (4)[(j)] (i)(i)(B)(III), the division issues a final order on the action initiated under
                  Subsection (4)[(j)] (i)(i)(B)(I).
                      (ii) In issuing a final order for a second or subsequent offense under Subsection (4)[(j)] (i)(i),
                  the division shall comply with the requirements of this section.
                      (5) Any penalty imposed by the director under Subsection (4)[(i)] (h) shall be deposited into
                  the Commerce Service Fund. Any penalty which is not paid may be collected by the director by either
                  referring the matter to a collection agency or bringing an action in the district court of the county in
                  which the person against whom the penalty is imposed resides or in the county where the office of
                  the director is located. Any county attorney or the attorney general of the state is to provide legal
                  assistance and advice to the director in any action to collect the penalty. In any action brought to
                  enforce the provisions of this section, reasonable attorney's fees and costs shall be awarded.
                      Section 7. Repealer.
                      This act repeals:
                      Section 58-55-309, Monetary limit.

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