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H.B. 324

             1     

CONTRACTOR LICENSING AMENDMENTS

             2     
2000 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: David Ure

             5      AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING;
             6      REPEALING THE MONETARY LIMIT FOR CONTRACTORS; AMENDING THE
             7      FINANCIAL RESPONSIBILITY REQUIREMENTS FOR CONTRACTORS; AND MAKING
             8      TECHNICAL CHANGES.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          58-55-102, as last amended by Chapter 240, Laws of Utah 1996
             12          58-55-306, as renumbered and amended by Chapter 181, Laws of Utah 1994
             13          58-55-402, as renumbered and amended by Chapter 181, Laws of Utah 1994
             14          58-55-403, as renumbered and amended by Chapter 181, Laws of Utah 1994
             15          58-55-501, as enacted by Chapter 181, Laws of Utah 1994
             16          58-55-503, as last amended by Chapter 10, Laws of Utah 1997
             17      REPEALS:
             18          58-55-309, as renumbered and amended by Chapter 181, Laws of Utah 1994
             19      Be it enacted by the Legislature of the state of Utah:
             20          Section 1. Section 58-55-102 is amended to read:
             21           58-55-102. Definitions.
             22          In addition to the definitions in Section 58-1-102 , as used in this chapter:
             23          (1) "Apprentice electrician" means a person licensed under this chapter as an apprentice
             24      electrician who is learning the electrical trade under approved supervision of a master electrician,
             25      residential master electrician, a journeyman electrician, or a residential journeyman electrician.
             26          (2) "Apprentice plumber" means a person licensed under this chapter as an apprentice
             27      plumber who is learning the plumbing trade under approved supervision of a journeyman plumber.


             28          (3) "Approved supervision" means the immediate supervision of apprentices by qualified
             29      licensed electricians or plumbers as a part of a planned program of training.
             30          (4) "Board" means the Contractors Licensing Board, Electrician Licensing Board, or
             31      Plumbers Licensing Board created in Section 58-55-201 .
             32          (5) "Construction trade" means any trade or occupation involving construction, alteration,
             33      remodeling, repairing, wrecking or demolition, addition to, or improvement of any building,
             34      highway, road, railroad, dam, bridge, structure, excavation or other project, development, or
             35      improvement to other than personal property.
             36          (6) "Construction trades instructor" means a person licensed under this chapter to teach
             37      one or more construction trades in both a classroom and project environment, where a project is
             38      intended for sale to or use by the public and is completed under the direction of an instructor who
             39      has no economic interest in the project.
             40          (7) "Contractor" means any person who for compensation other than wages as an employee
             41      undertakes any work in the construction, plumbing, or electrical trade for which licensure is
             42      required under this chapter and includes:
             43          (a) a person who builds any structure on his own property for the purpose of sale or who
             44      builds any structure intended for public use on his own property;
             45          (b) any person who represents himself to be a contractor by advertising or any other means;
             46          (c) any person engaged as a maintenance person, other than an employee, who regularly
             47      engages in activities set forth under the definition of "construction trade";
             48          (d) any person engaged in any construction trade for which licensure is required under this
             49      chapter; or
             50          (e) a construction manager who performs management and counseling services on a
             51      construction project for a fee.
             52          (8) (a) "Electrical trade" means the performance of any electrical work involved in the
             53      installation, construction, alteration, change, repair, removal, or maintenance of facilities,
             54      buildings, or appendages or appurtenances.
             55          (b) "Electrical trade" does not include:
             56          (i) transporting or handling electrical materials;
             57          (ii) preparing clearance for raceways for wiring; or
             58          (iii) work commonly done by unskilled labor or any installations under the exclusive


             59      control of electrical utilities.
             60          (c) For purposes of Subsection (8)(b):
             61          (i) no more than one unlicensed person may be so employed unless more than five licensed
             62      electricians are employed by the shop; and
             63          (ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio permitted
             64      by this Subsection (8)(c).
             65          (9) "Employee" means an individual as defined by the division by rule giving consideration
             66      to the definition adopted by the Internal Revenue Service and the Department of Workforce
             67      Services.
             68          (10) "Engage in a construction trade" means to:
             69          (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged in
             70      a construction trade; or
             71          (b) use the name "contractor" or "builder" or in any other way lead a reasonable person to
             72      believe one is or will act as a contractor.
             73          (11) "Financial responsibility" means a demonstration of a current and expected future
             74      condition of financial solvency evidencing a reasonable expectation to the division and the board
             75      that an applicant or licensee can successfully engage in business as a contractor without jeopardy
             76      to the public health, safety, and welfare. Financial responsibility may be determined by an
             77      evaluation of the total history concerning the licensee or applicant including past, present, and
             78      expected condition and record of financial solvency and business conduct.
             79          (12) "General building contractor" means a person licensed under this chapter as a general
             80      building contractor qualified by education, training, experience, and knowledge to perform or
             81      superintend construction of structures for the support, shelter, and enclosure of persons, animals,
             82      chattels, or movable property of any kind or any of the components of that construction except
             83      plumbing, electrical, and mechanical, for which the general building contractor shall employ the
             84      services of a contractor licensed in the particular specialty, except that a general building
             85      contractor engaged in the construction of single-family and multifamily residences up to four units
             86      may perform the mechanical and hire a licensed plumber or electrician as an employee. The
             87      division may by rule exclude general building contractors from engaging in the performance of
             88      other construction specialties in which there is represented a substantial risk to the public health,
             89      safety, and welfare, and for which a license is required unless that general building contractor


             90      holds a valid license in that specialty classification.
             91          (13) "General engineering contractor" means a person licensed under this chapter as a
             92      general engineering contractor qualified by education, training, experience, and knowledge to
             93      perform construction of fixed works in any or all of the following: irrigation, drainage, water,
             94      power, water supply, flood control, inland waterways, harbors, railroads, highways, tunnels,
             95      airports and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants
             96      requiring specialized engineering knowledge and skill, piers, and foundations, or any of the
             97      components of those works. However, a general engineering contractor may not perform
             98      construction of structures built primarily for the support, shelter, and enclosure of persons,
             99      animals, and chattels.
             100          (14) "Immediate supervision" means reasonable direction, oversight, inspection, and
             101      evaluation of the work of a person, in or out of the immediate presence of the supervising person,
             102      so as to ensure that the end result complies with applicable standards.
             103          (15) "Individual" means a natural person.
             104          (16) "Journeyman electrician" means a person licensed under this chapter as a journeyman
             105      electrician having the qualifications, training, experience, and knowledge to wire, install, and
             106      repair electrical apparatus and equipment for light, heat, power, and other purposes.
             107          (17) "Journeyman plumber" means a person licensed under this chapter as a journeyman
             108      plumber having the qualifications, training, experience, and technical knowledge to engage in the
             109      plumbing trade.
             110          (18) "Master electrician" means a person licensed under this chapter as a master electrician
             111      having the qualifications, training, experience, and knowledge to properly plan, layout, and
             112      supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat,
             113      power, and other purposes.
             114          [(19) "Monetary limit" means the limit established by the division under Section
             115      58-55-309 .]
             116          [(20) "Percentage of completion on a contract" is the percentage obtained by dividing costs
             117      to date by total estimated costs and multiplying by 100. Unless otherwise specified by rule,
             118      specific application of this definition shall be based upon the "cost-to-cost method" provided in
             119      the 1990 edition of the "Audit and Accounting Guide for Construction Contractors," Appendix D,
             120      published by the American Institute of Certified Public Accountants. The division may, upon


             121      request or upon its own action, establish an alternate generally recognized method of calculation
             122      to determine percentage of completion, if the method is appropriate to the licensee's or applicant's
             123      accounting procedures.]
             124          [(21)] (19) "Person" means a natural person, sole proprietorship, joint venture, corporation,
             125      limited liability company, association, or organization of any type.
             126          [(22)] (20) "Plumbing trade" means the performance of any mechanical work pertaining
             127      to the installation, alteration, change, repair, removal, maintenance, or use in buildings or within
             128      three feet beyond the outside walls of buildings of pipes, fixtures, and fittings for delivery of the
             129      water supply, discharge of liquid and water carried waste, or the building drainage system within
             130      the walls of the building. It includes that work pertaining to the water supply, distribution pipes,
             131      fixtures, and fixture traps, the soil, waste and vent pipes, and the building drain and roof drains
             132      together with their devices, appurtenances, and connections where installed within the outside
             133      walls of the building.
             134          [(23)] (21) "Ratio of apprentices" means, for the purpose of determining compliance with
             135      the requirements for planned programs of training and electrician apprentice licensing applications,
             136      the shop ratio of apprentice electricians to journeyman or master electricians shall be one
             137      journeyman or master electrician to one apprentice on industrial and commercial work, and one
             138      journeyman or master electrician to three apprentices on residential work. All on-the-job training
             139      shall be under circumstances in which the ratio of apprentices to supervisors is in accordance with
             140      a ratio of one-to-one on nonresidential work and up to three apprentices to one supervisor on
             141      residential projects.
             142          [(24)] (22) "Residential and small commercial contractor" means a person licensed under
             143      this chapter as a residential and small commercial contractor qualified by education, training,
             144      experience, and knowledge to perform or superintend the construction of single-family residences,
             145      multifamily residences up to four units, and commercial construction of not more than three stories
             146      above ground and not more than 20,000 square feet, or any of the components of that construction
             147      except plumbing, electrical, and mechanical, for which the residential and small commercial
             148      contractor shall employ the services of a contractor licensed in the particular specialty, except that
             149      a residential and small commercial contractor engaged in the construction of single-family and
             150      multifamily residences up to four units may perform the mechanical work and hire a licensed
             151      plumber or electrician as an employee.


             152          [(25)] (23) "Residential apprentice plumber" means a person licensed under this chapter
             153      as a residential apprentice plumber who is learning the residential plumbing trade while working
             154      on residential buildings under the approved supervision of a residential journeyman plumber or
             155      a journeyman plumber.
             156          [(26)] (24) "Residential building," as it relates to the license classification of residential
             157      apprentice plumber and residential journeyman plumber, means a single or multiple family
             158      dwelling of up to four units.
             159          [(27)] (25) "Residential journeyman electrician" means a person licensed under this
             160      chapter as a residential journeyman electrician having the qualifications, training, experience, and
             161      knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and
             162      other purposes on buildings using primarily nonmetallic sheath cable.
             163          [(28)] (26) "Residential journeyman plumber" means a person licensed under this chapter
             164      as a residential journeyman plumber having the qualifications, training, experience, and knowledge
             165      to engage in the plumbing trade as limited to the plumbing of residential buildings.
             166          [(29)] (27) "Residential master electrician" means a person licensed under this chapter as
             167      a residential master electrician having the qualifications, training, experience, and knowledge to
             168      properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and
             169      equipment for light, heat, power, and other purposes on residential projects.
             170          [(30)] (28) "Residential project," as it relates to an electrician or electrical contractor,
             171      means buildings primarily wired with nonmetallic sheathed cable, in accordance with standard
             172      rules and regulations governing this work, including the National Electrical Code, and in which
             173      the voltage does not exceed 250 volts line to line and 125 volts to ground.
             174          [(31)] (29) "Specialty contractor" means a person licensed under this chapter under a
             175      specialty contractor classification established by rule, who is qualified by education, training,
             176      experience, and knowledge to perform those construction trades and crafts requiring specialized
             177      skill the regulation of which are determined by the division to be in the best interest of the public
             178      health, safety, and welfare. A specialty contractor may perform work in crafts or trades other than
             179      those in which he is licensed if they are incidental to the performance of his licensed craft or trade.
             180          [(32)] (30) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-55-501 .
             181          [(33)] (31) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-55-502
             182      and as may be further defined by rule.


             183          [(34)] (32) "Wages" means all amounts due an employee for labor or services whether the
             184      amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating the
             185      amount.
             186          [(35) "Work in process" means all unfinished work under verbal or written contract,
             187      whether in or out of Utah, regardless of whether licensure is required under this chapter, for which
             188      costs have accrued or been realized. The value of unfinished work on a contract shall be
             189      determined by expressing the current percentage of completion as a decimal fraction, subtracting
             190      it from 1.00 and multiplying the difference by the total dollar amount of the contract.]
             191          Section 2. Section 58-55-306 is amended to read:
             192           58-55-306. Financial responsibility.
             193          (1) An applicant for licensure as a contractor, and a licensee applying for renewal or
             194      reinstatement of a contractor's license shall demonstrate to the division and the board the
             195      applicant's or licensee's financial responsibility before the issuance of or the renewal [of a license.
             196      The burden to demonstrate financial responsibility is upon the applicant or licensee.] or
             197      reinstatement of a license by:
             198          [(2) Evidence of financial responsibility shall be demonstrated by providing the division
             199      with a license bond, cash deposit, financial statements prepared by an independent certified public
             200      accountant, or by division review of the applicant's or licensee's financial statements, at the option
             201      of the licensee, and in accordance with provisions defined by rule.]
             202          [(3) The financial responsibility of a corporation shall be established independently of and
             203      without reliance upon the assets or guarantees of its officers, directors, and stockholders, but upon
             204      a showing of reasonable need, the division and board may inquire into the financial responsibility
             205      of the corporation's officers and directors as a criterion in determining the corporation's financial
             206      responsibility.]
             207          (a) (i) completing a questionnaire developed by the division; and
             208          (ii) signing the questionnaire, certifying that the information provided is true and accurate;
             209      or
             210          (b) submitting a bond or cash deposit in an amount and form determined by the division.
             211          (2) The division may audit an applicant's or licensee's demonstration of financial
             212      responsibility on a random basis or upon finding of a reasonable need.
             213          Section 3. Section 58-55-402 is amended to read:


             214           58-55-402. Investigation of regulated activity.
             215          (1) The division shall be responsible for the investigation of persons and activities in
             216      violation of the provisions of this chapter.
             217          (2) Investigation by the division shall include investigations of:
             218          (a) licensees engaged in unlawful or unprofessional conduct; and
             219          (b) unlicensed persons engaged in the conduct of activity or work regulated under this
             220      chapter and for which a license is required.
             221          (3) The division shall decline to proceed with investigation of the violation of any
             222      provisions of this chapter if the division finds there is no apparent material jeopardy to the public
             223      health, safety, and welfare.
             224          (4) The division shall have no responsibility for the inspection of construction work
             225      performed in the state to determine compliance with applicable codes, or industry and
             226      workmanship standards, except as provided in Subsections 58-1-501 (2)(g), 58-55-502 (2), (3), and
             227      (4), and 58-55-501 [(16)] (14).
             228          (5) Authorized representatives of the division shall be permitted to enter upon the premises
             229      or site of work regulated under this chapter for the purpose of determining compliance with the
             230      provisions of this chapter.
             231          Section 4. Section 58-55-403 is amended to read:
             232           58-55-403. Minimum time for division action.
             233          [(1)] The division has at least five working days after receiving an application for licensure
             234      to determine whether to issue a license under this chapter.
             235          [(2) Except as provided in Subsection (3), the division has at least five working days after
             236      receiving a request for a change in the monetary limit to determine whether to grant the change.]
             237          [(3) The division shall approve or deny a request for an increase in the monetary limit
             238      within five working days after receiving the request if the licensee filed, within five working days
             239      before submitting the request to the division, a notice of intent to request an increase under
             240      Subsection 58-55-309 (5).]
             241          Section 5. Section 58-55-501 is amended to read:
             242           58-55-501. Unlawful conduct.
             243          Unlawful conduct includes:
             244          (1) engaging in a construction trade, acting as a contractor, or representing oneself to be


             245      engaged in a construction trade or to be acting as a contractor in a construction trade requiring
             246      licensure, unless the person doing any of these is appropriately licensed or exempted from
             247      licensure under this chapter;
             248          (2) acting in a construction trade beyond the scope of the license held;
             249          (3) hiring or employing in any manner an unlicensed person, other than an employee for
             250      wages who is not required to be licensed under this chapter, to engage in a construction trade for
             251      which licensure is required or to act as a contractor or subcontractor in a construction trade
             252      requiring licensure;
             253          (4) applying for or obtaining a building permit either for oneself or another when not
             254      licensed or exempted from licensure as a contractor under this chapter;
             255          (5) issuing a building permit to any person for whom there is no evidence of a current
             256      license or exemption from licensure as a contractor under this chapter;
             257          (6) applying for or obtaining a building permit for the benefit of or on behalf of any other
             258      person who is required to be licensed under this chapter but who is not licensed or is otherwise not
             259      entitled to obtain or receive the benefit of the building permit;
             260          (7) failing to obtain a building permit when required by law or rule;
             261          (8) submitting a bid for any work for which a license is required under this chapter by a
             262      person not licensed or exempted from licensure as a contractor under this chapter;
             263          (9) willfully or deliberately misrepresenting or omitting a material fact in connection with
             264      an application to obtain or renew a license under this chapter;
             265          (10) allowing one's license to be used by another except as provided by statute or rule;
             266          (11) doing business under a name other than the name appearing on the license, except as
             267      permitted by statute or rule;
             268          [(12) exceeding one's monetary limit as a licensed contractor, as the limit is defined by
             269      statute or rule;]
             270          [(13) if licensed as a contractor, submitting a bid on a single project in an amount
             271      exceeding his monetary limit, unless he first files with the division a notice of intent to request an
             272      increase of the monetary limit in compliance with Subsection 58-55-309 (5);]
             273          [(14)] (12) if licensed as a journeyman plumber, residential journeyman plumber,
             274      journeyman electrician, master electrician, or residential electrician, failing to directly supervise
             275      an apprentice under one's supervision or exceeding the number of apprentices one is allowed to


             276      have under his supervision;
             277          [(15)] (13) if licensed as a contractor or representing oneself to be a contractor, receiving
             278      any funds in payment for a specific project from an owner or any other person, which funds are
             279      to pay for work performed or materials and services furnished for that specific project, and after
             280      receiving the funds to exercise unauthorized control over the funds by failing to pay the full
             281      amounts due and payable to persons who performed work or furnished materials or services within
             282      a reasonable period of time;
             283          [(16)] (14) if licensed under this chapter, willfully or deliberately disregarding or violating:
             284          (a) the building or construction laws of this state or any political subdivision;
             285          (b) the safety and labor laws applicable to a project;
             286          (c) any provision of the health laws applicable to a project;
             287          (d) the workers' compensation insurance laws of the state applicable to a project;
             288          (e) the laws governing withholdings for employee state and federal income taxes,
             289      unemployment taxes, FICA, or other required withholdings; or
             290          (f) reporting, notification, and filing laws of this state or the federal government;
             291          [(17)] (15) aiding or abetting any person in evading the provisions of this chapter or rules
             292      established under the authority of the division to govern this chapter; or
             293          [(18)] (16) engaging in the construction trade or as a contractor for the construction of
             294      residences of up to two units when not currently registered or exempt from registration as a
             295      qualified beneficiary under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery
             296      Fund Act.
             297          Section 6. Section 58-55-503 is amended to read:
             298           58-55-503. Penalty for unlawful conduct -- Citations.
             299          (1) Any person who violates Subsections 58-55-501 (1) through (12), (14), (15), or (16)[,
             300      (17) or (18)], or who fails to comply with a citation issued under this section after it is final, is
             301      guilty of a class A misdemeanor. Any person who violates the provisions of Subsection
             302      58-55-501 (8) [or (13)] may not be awarded and may not accept a contract for the performance of
             303      the work. [Any licensee who submits a notice of intent to request an increase in the monetary limit
             304      under Subsection 58-55-309 (5), but who is not granted an increase sufficient to cover the award
             305      of a contract upon which he has bid, may not be awarded and may not accept the contract.]
             306          (2) Any person who violates the provisions of Subsection 58-55-501 [(15)](13) is guilty


             307      of an infraction unless the violator did so with the intent to deprive the person to whom money is
             308      to be paid of the money received, in which case the violator is guilty of theft, as classified in
             309      Section 76-6-412 .
             310          (3) Grounds for immediate suspension of the licensee's license by the division and the
             311      board include the failure by a licensee to make application to, report to, or notify the division with
             312      respect to any matter for which application, notification, or reporting is required under this chapter
             313      or rules adopted under this chapter, including applying to the division for a new license to engage
             314      in a new specialty classification or to do business under a new form of organization or business
             315      structure, filing with the division current financial statements, notifying the division concerning
             316      loss of insurance coverage, or change in qualifier.
             317          (4) (a) If upon inspection or investigation, the division concludes that a contractor has
             318      violated the provisions of Subsections 58-55-501 (1), (2), (3), or any rule or order issued with
             319      respect to these subsections, and that disciplinary action is appropriate, the director or his designee
             320      from within the division for each alternative respectively, shall, promptly issue a citation to the
             321      contractor according to this chapter and any pertinent rules, attempt to negotiate a stipulated
             322      settlement, or notify the contractor to appear before an adjudicative proceeding conducted under
             323      Title 63, Chapter 46b, Administrative Procedures Act.
             324          (i) Any person who is in violation of the provisions of Subsection 58-55-501 (1), (2), or
             325      (3), as evidenced by an uncontested citation, a stipulated settlement, or by a finding of violation
             326      in an adjudicative proceeding, may be assessed a fine pursuant to this Subsection (4) and may, in
             327      addition to or in lieu of, be ordered to cease and desist from violating Subsection 58-55-501 (1),
             328      (2), or (3).
             329          (ii) Except for a cease and desist order, the licensure sanctions cited in Section 58-55-401
             330      may not be assessed through a citation.
             331          (b) Each citation shall be in writing and describe with particularity the nature of the
             332      violation, including a reference to the provision of the chapter, rule, or order alleged to have been
             333      violated. The citation shall clearly state that the recipient must notify the division in writing within
             334      20 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
             335      conducted under Title 63, Chapter 46b, Administrative Procedures Act. The citation shall clearly
             336      explain the consequences of failure to timely contest the citation or to make payment of any fines
             337      assessed by the citation within the time specified in the citation.


             338          (c) The division may issue a notice in lieu of a citation.
             339          (d) Each citation issued under this section, or a copy of each citation, may be served upon
             340      any person upon whom a summons may be served in accordance with the Utah Rules of Civil
             341      Procedure and may be made personally or upon his agent by a division investigator or by any
             342      person specially designated by the director or by mail.
             343          (e) If within 20 calendar days from the service of a citation, the person to whom the
             344      citation was issued fails to request a hearing to contest the citation, the citation becomes the final
             345      order of the division and is not subject to further agency review. The period to contest a citation
             346      may be extended by the division for cause.
             347          (f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
             348      license of a licensee who fails to comply with a citation after it becomes final.
             349          (g) The failure of an applicant for licensure to comply with a citation after it becomes final
             350      is a ground for denial of license.
             351          (h) No citation may be issued under this section after the expiration of six months
             352      following the occurrence of any violation.
             353          (i) Fines shall be assessed by the director or his designee according to the following:
             354          (i) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
             355          (ii) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000; and
             356          (iii) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
             357      $2,000 for each day of continued offense.
             358          (j) (i) For purposes of issuing a final order under this section and assessing a fine under
             359      Subsection (4)(i), an offense constitutes a second or subsequent offense if:
             360          (A) the division previously issued a final order determining that a person committed a first
             361      or second offense in violation of Subsection 58-55-501 (1), (2), or (3); or
             362          (B) (I) the division initiated an action for a first or second offense;
             363          (II) no final order has been issued by the division in the action initiated under Subsection
             364      (4)(j)(i)(B)(I);
             365          (III) the division determines during an investigation that occurred after the initiation of the
             366      action under Subsection (4)(j)(i)(B)(I) that the person committed a second or subsequent violation
             367      of the provisions of Subsection 58-55-501 (1), (2), or (3); and
             368          (IV) after determining that the person committed a second or subsequent offense under


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




Legislative Review Note
    as of 2-1-00 10:30 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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