First Substitute H.B. 285

Representative Stephen E. Sandstrom proposes the following substitute bill:

1 LICENSING ELIGIBILITY
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen E. Sandstrom
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Division of Occupational and Professional
10 Licensing Act related to licensing procedures.
11 Highlighted Provisions:
12 This bill:
13 . requires an applicant for a professional license issued by the Division of
14 Occupational and Professional Licensing to execute an affidavit stating that the
15 applicant is a U.S. citizen or lawfully present in the United States; and
16 . makes certain technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 58-1-301, as last amended by Laws of Utah 2004, Chapter 90
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 58-1-301 is amended to read:
27 58-1-301. License application -- Licensing procedure -- Verification of lawful
28 presence.
29 (1) (a) (i) Each license applicant shall apply to the division in writing upon forms
30 available from the division.
31 (ii) Each completed application shall:
32 (A) contain documentation of the particular qualifications required of the applicant[,
33 shall];
34 (B) include the applicant's Social Security number[, shall];
35 (C) be verified by the applicant[,]; and [shall]
36 (D) be accompanied by the appropriate fees.
37 (b) An applicant's Social Security number is a private record under Subsection
38 63-2-302 (1)(h).
39 (c) Each license applicant shall execute and submit an affidavit to the division under
40 penalty of perjury stating that the applicant is a U.S. citizen or lawfully present in the United
41 States.
42 (2) (a) [A] The division shall issue a license [shall be issued] to an applicant who
43 submits a complete application if the division determines that the applicant meets the
44 qualifications of licensure.
45 (b) [A] The division shall provide a written notice of additional proceedings [shall be
46 provided] to an applicant who submits a complete application, but who has been, is, or will be
47 placed under investigation by the division for conduct directly bearing upon [his] the
48 applicant's qualifications for licensure, if the outcome of additional proceedings is required to
49 determine the division's response to the application.
50 (c) [A] The division shall provide a written notice of denial of licensure [shall be
51 provided] to an applicant who submits a complete application if the division determines that
52 the applicant does not meet the qualifications of licensure.
53 (d) [A] (i) The division shall provide a written notice of incomplete application and
54 conditional denial of licensure [shall be provided] to an applicant who submits an incomplete
55 application.
56 (ii) This notice shall advise the applicant that the application is incomplete and that the

57 application is denied, unless the applicant corrects the deficiencies within the time period
58 specified in the notice and otherwise meets all qualifications for licensure.
59 (3) Before [any] a person is issued a license under this title, all requirements for that
60 license as established under this title and by rule shall be met.
61 (4) If all requirements are met for the specific license, the division shall issue the
62 license.