DAR File No. 28781

Commerce, Occupational and Professional Licensing

R156-53-501

Administrative Penalties - Unlawful Conduct

NOTICE OF PROPOSED RULE

DAR File No.: 28781
Filed: 06/05/2006, 04:14
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Landscape Architects Board are proposing an amendment to update and add the fine schedule into the rule. The existing fine schedule applicable to licensees and unlicensed persons under Title 58, Chapter 53, is a Division policy.

Summary of the rule or change:

Section R156-53-501 regarding administrative penalties for unlawful conduct has been added. The fine amounts being added are being increased over the current fine amounts to be consistent with other fine schedules for occupations and professions the Division regulates.

State statutory or constitutional authorization for this rule:

Section 58-53-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

As a result of the fine schedule amounts being increased over the amount currently in Division policy, the state budget may realize a positive fiscal impact. However, it should be noted that the Division has only issued one - two fines affecting persons who have violated Title 58, Chapter 53, in the past several years. The Division will incur minimal costs of 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:

The proposed amendments will not affect local governments; therefore no costs or savings are anticipated. The proposed fine schedule amendment only affects persons who violate the specified sections of Title 58, Chapter 53, as outlined in the fine schedule.

other persons:

The proposed fine schedule amendment will affect persons (both licensed and unlicensed) who violate the specified sections of Title 58, Chapter 53, by doubling the amount of the fines from the current amount. The Division is unable to determine how many fines in the future may be issued to persons violating the specified sections of Title 58, Chapter 53. The proposed fine schedule will 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 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 double the existing fine amount.

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

As authorized by statute, this rule amendment adopts a fee schedule for violations of the law. This fine schedule increases the fine amounts previously applied by the Division to violators of the Landscape Architects Licensing Act. Historically, there have been few citations in this profession, so the additional fines are expected to be minimal. No other fiscal impact to businesses is anticipated. 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:

Dan S. Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@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:

08/08/2006

Interested persons may attend a public hearing regarding this rule:

8/07/2006 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (formerly 4A), Salt Lake City, UT

This rule may become effective on:

08/15/2006

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-53. Landscape Architects Licensing Act Rules.

R156-53-501. Administrative Penalties - Unlawful Conduct.

In accordance with Sections 58-1-501 and 58-53-501 and Subsection 58-1-501(1)(a) through (d), unless otherwise ordered by the presiding officer, the following fine schedule shall apply.

(1) Engaging in unlicensed practice or using any title that would cause a reasonable person to believe the user of the title is licensed under this chapter.

First Offense: $800

Second Offense: $1,600

(2) Engaging in, or representing oneself as engaged in the practice of landscape architecture as a corporation, proprietorship, partnership, or limited liability company unless exempted from licensure.

First Offense: $800

Second Offense: $1,600

(3) Impersonating another licensee or engaging in practice under this chapter using a false or assumed name, unless permitted by law.

First Offense: $1,000

Second Offense: $2,000

(4) Knowingly employing any person to practice under this chapter who is not licensed to do so.

First Offense: $1,000

Second Offense: $2,000

(5) Knowingly permitting any person to use his license except as permitted by law.

First Offense: $1,000

Second Offense: $2,000

(6) 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 58-53-502(1)(i)(iii).

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

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

(9) In all cases the presiding officer shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount based upon the evidence reviewed.

KEY: landscape architects, licensing

Date of Enactment or Last Substantive Amendment: [July 7, 1998]2006

Notice of Continuation: June 2, 2003

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Dan S. Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@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.