DAR File No. 27188

Commerce, Occupational and Professional Licensing

R156-55d-302f

Qualifications for Licensure - Good Moral Character - Disqualifying Convictions

NOTICE OF CHANGE IN PROPOSED RULE

DAR File No.: 27188
Filed: 08/10/2004, 11:19
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Following a public rule hearing and as a result of written comments received by the Division, two changes are being made in this section.

Summary of the rule or change:

The word "dangerous" is being deleted in Subsection R156-55d-302f(1)(d) as there is no reference in the Utah Code to controlled dangerous substances. The word "charges" is being replaced with "convictions" in Subsection R156-55d-302f(1)(n) with respect to driving under the influence of alcohol within the last three years to comply with the intent of the statute. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the June 15, 2004, issue of the Utah State Bulletin, on page 4. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

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 does not anticipate any additional costs beyond those identified in the original rule filing.

local governments:

The proposed change does not apply to local governments. Therefore, there are no costs or savings to local governments.

other persons:

The Division does not anticipate any additional costs or savings as a result of these two changes beyond those identified in the original rule filing.

Compliance costs for affected persons:

The Division does not anticipate any additional costs or savings as a result of these two changes beyond those identified in the original rule filing.

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:

10/01/2004

This rule may become effective on:

10/02/2004

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]convictions 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

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.