38-1-30. Third-party contract -- Designated agent.
(1) The division shall contract in accordance with Title 63G, Chapter 6, Utah
Procurement Code, with a third party to establish and maintain the database for the purposes
established under this section, Section 38-1-27, and Sections 38-1-31 through 38-1-37.
(2) (a) The third party under contract under this section is the division's designated agent,
and shall develop and maintain a database from the information provided by:
(i) local government entities issuing building permits;
(ii) original contractors;
(iii) subcontractors; and
(iv) other interested persons.
(b) The database shall accommodate filings by third parties on behalf of clients.
(c) The division and the designated agent shall design, develop, and test the database for
full implementation on May 1, 2005.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules and develop procedures for:
(a) the division to oversee and enforce this section, Section 38-1-27, and Sections
38-1-31 through 38-1-37;
(b) the designated agent to administer this section, Section 38-1-27, and Sections 38-1-31
through 38-1-37; and
(c) the form of submission of an alternate filing, which may include procedures for
rejecting an illegible or incomplete filing.
(4) (a) The designated agent shall archive computer data files at least semiannually for
auditing purposes.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules to allow the designated agent to periodically archive projects from the
database.
(c) A project shall be archived no earlier than:
(i) one year after the day on which a notice of completion is filed for a project;
(ii) if no notice of completion is filed, two years after the last filing activity for a project;
or
(iii) one year after the day on which a filing is cancelled under Subsection 38-1-32(3)(c)
or 38-1-33(2)(c).
(d) The division may audit the designated agent's administration of the database as often
as the division considers necessary.
(5) The designated agent shall carry errors and omissions insurance in the amounts
established by rule made by the division in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(6) (a) The designated agent shall make reasonable efforts to assure the accurate entry
into the database of information provided in alternate filings.
(b) The designated agent shall meet or exceed standards established by the division for
the accuracy of data entry for alternate filings.
(7) The designated agent is not liable for the correctness of the information contained in
an alternate filing it enters into the database.
Amended by Chapter 382, 2008 General Session
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Last revised: Wednesday, October 08, 2008