DAR File No. 28779

Commerce, Occupational and Professional Licensing

R156-63-503

Administrative Penalties

NOTICE OF PROPOSED RULE

DAR File No.: 28779
Filed: 06/05/2006, 02:39
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division found, after further review, three corrections that need to be made in the rule. The amendment with respect to the maximum fine amount that can be charged was originally requested by Hunter Finch from the Governor's Office of Planning and Budget with respect to all of the Division's fine schedules that appear in various rules.

Summary of the rule or change:

In the fine schedule, two statutory citations have been updated to reflect the correct citation. Subsection 58-53-501(2) has been changed to Subsection 58-63-501(3). In Subsection R156-63-503(2), wording has been added that the maximum amount of a fine is not to exceed the maximum fine allowed under Subsection 58-63-503(3)(h)(iii).

State statutory or constitutional authorization for this rule:

Section 58-63-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

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

local governments:

The proposed amendments do not apply to local governments; therefore no costs or savings are anticipated. The proposed amendments only affect persons who violate the specified sections of Title 58, Chapter 63, as outlined in the fine schedule.

other persons:

The Division does not anticipate any costs or savings to affected persons who violate the specified sections of Title 58, Chapter 63, as outlined in the fine schedule as a result of the proposed amendments since the amendments are only correcting two statutory citations and clarifying the maximum amount of a fine that can be charged.

Compliance costs for affected persons:

The Division does not anticipate any costs or savings to affected persons who violate the specified sections of Title 58, Chapter 63, as outlined in the fine schedule as a result of the proposed amendments since the amendments are only correcting two statutory citations and clarifying the maximum amount of a fine that can be charged.

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

This change contains technical amendments correcting statutory references. In addition, it clarifies that in no circumstances may a fine for a third offense exceed the maximum fine permitted by statute. No fiscal impact to businesses is anticipated as a result of these clarifying amendments. Francine A. Giani, 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:

07/31/2006

This rule may become effective on:

08/07/2006

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-63. Security Personnel Licensing Act Rules.

R156-63-503. Administrative Penalties.

(1) In accordance with Subsection 58-63-503, the following citation fine schedule shall apply to citations issued under Title 58, Chapter 63:

TABLE

FINE SCHEDULE

FIRST OFFENSE



                                                 Armed or Unarmed

Violation           Contract Security Company    Security Officer

58-63-501(1)             $  800.00                   N/A

58-63-501([2]3)             $  800.00                $  500.00



SECOND OFFENSE



58-63-501(1)             $1,600.00                $1,000.00

58-63-501([2]3)             $1,600.00                $1,000.00

(2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Subsection 58-63-503(3)(h)(iii).

(3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(5) The presiding officer for a contested citation shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator based upon the evidence reviewed.

KEY: licensing, security guards, private security officers

Date of Enactment or Last Substantive Amendment: [January 10, 2006]2006

Notice of Continuation: September 1, 2005

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

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.