DAR File No. 27188

Commerce, Occupational and Professional Licensing

R156-55d-302f

Qualifications for Licensure - Good Moral Character - Disqualifying Convictions

NOTICE OF PROPOSED RULE

DAR File No.: 27188
Filed: 05/24/2004, 04:44
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Alarm System Security and Licensing Board are adding this new section to the rule which will define and clarify the qualifications for licensure for the occupation with respect to good moral character and disqualifying convictions.

Summary of the rule or change:

Section R156-55d-302f is being added to the rule to further define "good moral character" by clarifying when an application for licensure may be approved for an applicant who has a criminal background.

State statutory or constitutional authorization for this rule:

Sections 58-55-101 and 58-55-308; and Subsections 58-1-106(1)(a), 58-1-202(1)(a), 58-55-302(3)(h), 58-55-302(3)(i), and 58-55-302(4)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs, approximately $50, to reprint the rule once the proposed amendment is made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

Proposed amendment does not apply to local governments. Therefore, there are no cost or savings to local governments.

other persons:

This proposed amendment will only apply to applicants for licensure as a burglar alarm company or a burglar alarm company agent. The Division does not anticipate any costs or savings as a result of this proposed amendment, unless an applicant is not able to qualify for licensure due to not being able to meet the good moral character qualifications as a result of a criminal background. The proposed amendment will aid the Division to more efficiently address applications in which the applicant has a criminal background and does not increase any costs to the burglar alarm industry.

Compliance costs for affected persons:

This proposed amendment will only apply to applicants for licensure as a burglar alarm company or a burglar alarm company agent. The Division does not anticipate any costs or savings as a result of this proposed amendment, unless an applicant is not able to qualify for licensure due to not being able to meet the good moral character qualifications as a result of a criminal background. The proposed amendment will aid the Division to more efficiently address applications in which the applicant has a criminal background and does not increase any costs to the burglar alarm industry.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule amendment codifies the Division's existing practice as to the good moral character evaluation of applicants. There appears to be no fiscal impact to businesses from such codification. Klarice A. Bachman, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2004

Interested persons may attend a public hearing regarding this rule:

7/07/2004 at 9:00 AM, 160 East 300 South, Conference Room 4B (fourth floor), Salt Lake City, UT

This rule may become effective on:

07/16/2004

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-55d. Utah Construction Trades Licensing Act Burglar Alarm Licensing Rules.

R156-55d-302f. Qualifications for Licensure - Good Moral Character - Disqualifying Convictions.

(1) In addition to those criminal convictions prohibiting licensure as set forth in Subsections 58-55-302(3)(h)(vi) and (3)(i), the following is a list of criminal convictions which may disqualify a person from obtaining or holding a burglar alarm company or a burglar alarm company agent's license:

(a) crimes against a person as defined in Title 76, Chapter 5, Parts 1 and 2;

(b) theft/larceny, including retail theft, as defined in Title 76, Chapter 6;

(c) sex offenses as defined in Title 76, Chapter 5, Part 4;

(d) any offense involving controlled dangerous substances;

(e) fraud;

(f) forgery;

(g) perjury, obstructing justice and tampering with evidence;

(h) conspiracy to commit any of the offenses listed herein;

(i) burglary

(j) escape from jail, prison or custody;

(k) false or bogus checks;

(l) pornography;

(m) any attempt to commit any of the above offenses; or

(n) two or more charges for driving under the influence of alcohol within the last three years.

(2) Applications for licensure or renewal of licensure shall be considered on a case by case basis taking into consideration the following:

(a) the conduct involved;

(b) the potential or actual injury caused by the applicant's conduct; and

(c) the existence of aggravating or mitigating factors.

KEY: licensing, alarm company[*], burglar alarms[*]

[April 3, 2001]2004

58-55-101

58-1-106(1)(a)

58-1-202(1)(a)

58-55-302(3)(h)

58-55-302(3)(i)

58-55-302(4)

58-55-308

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.