DAR File No. 28048

Commerce, Occupational and Professional Licensing

R156-55d

Utah Construction Trades Licensing Act Burglar Alarm Licensing Rules

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28048
Filed: 06/28/2005, 01:47
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 55, provides for the licensure of alarm companies and alarm company agents. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-55-201(2)(a) provides that the Alarm System Security and Licensing Board's duties and responsibilities shall recommend appropriate rules to the Construction Services Commission. Subsection 58-55-103(1)(b)(i) provides that the Construction Services Commission shall, with the concurrence of the director, make reasonable rules to administer and enforce Chapter 55. This rule was enacted to clarify the provisions of Title 58, Chapter 55, with respect to alarm companies and alarm company agents.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was originally enacted in July 2000, it has been amended three times. In September 2000, the rule was amended and an August 23, 2000, rule hearing was conducted; however, no written comments were received at that time. In March 2001, an amendment to the rule was again filed; however, no written comments were received at that time. In June 2004, amendments were again filed and a July 7, 2004, rule hearing was conducted. A written E-mail comment, dated June 21, 2004, was received from Susan Allred of the Office of Legislative Research and General Counsel. Ms. Allred suggested two wording changes to the proposed amendments which had been filed. As a result of Ms. Allred's comments, a change in proposed rule filing was made and the amendments were made effective on October 5, 2004.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 55, with respect to alarm companies and alarm company agents. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements.

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

Authorized by:

J. Craig Jackson, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

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.