DAR File No. 28166

Commerce, Occupational and Professional Licensing

R156-55d-503

Administrative Penalties

NOTICE OF PROPOSED RULE

DAR File No.: 28166
Filed: 08/18/2005, 04:38
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Alarm System Security and Licensing Board and the Division are adding a section to the rule which adopts the fine schedule outlined in Section R156-55a-503 of the Utah Construction Trades Licensing Act Rules. Currently, the existing fine schedule applicable to licensees and unlicensed persons under Title 58, Chapter 55, which includes alarm companies and alarm company agents, is a Division policy. (DAR NOTE: The proposed amendment to Section R156-55a-503 is under DAR No. 28164 in this issue.)

Summary of the rule or change:

Section R156-55d-503 regarding administrative penalties is being added to the Utah Construction Trades Licensing Act Burglar Alarm Licensing Rules. This new section adopts the fine schedule outlined in Section R156-55a-503 of the Utah Construction Trades Licensing Act Rules.

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:

As a result of this proposed section and the fine schedule amounts being increased which are being adopted, the state budget would realize a positive fiscal impact from this section. It is estimated that the increase in fines affecting burglar alarms would bring in an additional $1,788 in revenue each year to the state. The Division will incur minimal costs, approximately $75, 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:

The proposed amendment will not affect local governments; therefore no costs or savings are anticipated. The proposed rule amendment only affects persons who violate the specified sections of Title 58, Chapter 55, as outlined in the adopted fine schedule.

other persons:

The proposed amendment will affect persons (both licensed and unlicensed) who violate the specified sections of Title 58, Chapter 55, as outlined in the adopted fine schedule. Using figures from 2002 to 2004, the Division wrote an average of 970 administrative citations per year that pertained to the Construction Trades Licensing Act; 12 of those citations were issued for burglar alarm licensing issues. The amount collected per citation averaged just over $202. It is estimated that in time the new fine schedule being proposed would increase this amount to $500 per citation. The proposed fine schedule would also have an impact on fines collected through stipulated or written agreements; but it is expected this impact would be minimal.

Compliance costs for affected persons:

The Division is not able to determine an exact compliance cost to persons affected by the proposed amendment as it would depend on what statute violation they had committed and if the violation was a first, second, or third offense. However, it is estimated that the average increase in cost per citation issued would be $298. The proposed impact will affect those in violation of the following statute subsections: 58-55-501(1), 58-55-501(2), 58-55-501(3), and 58-55-501(14).

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

This rule amendment adopts by reference a rule adopted by the Construction Service Commission in a separate amendments to R156-55a-503. Other than the fiscal impact to the regulated industry described in the rule filing amending R156-55a-503, no additional fiscal impact to businesses is anticipated from this filing. Jason P. Perry, Acting 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:

10/17/2005

Interested persons may attend a public hearing regarding this rule:

9/28/2005 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 4A (fourth floor), Salt Lake City, UT

This rule may become effective on:

10/18/2005

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-503. Administrative Penalties.

The administrative penalties defined in Section R156-55a-503 of the Utah Construction Trades Licensing Act Rules are hereby adopted and incorporated by reference.

KEY: licensing, alarm company, burglar alarms

[October 5, 2004]2005

Notice of Continuation June 28, 2005

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.