Utah Department of Administrative Services Division of Administrative Rules

File No. 35102

This rule was published in the August 15, 2011, issue (Vol. 2011, No. 16) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Rule R156-38b

State Construction Registry Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 35102
Filed: 08/01/2011 04:13:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This filing: 1) implements changes made by H.B. 115 and H.B. 260, passed by the Utah Legislature in the 2011 General Session; 2) updates the rule to codify current practices of Utah Interactive, the Division's designated agent for the State Construction Registry (SCR); 3) updates statutory citations; 4) revises rule numbering; and 5) makes other technical changes.

Summary of the rule or change:

In Section R156-38b-102, the definition of "private project" is added to reflect statutory changes. In Section R156-38b-103, updated statute citation reference. In Section R156-38b-402, existing language is modified to reflect recent technical improvements that have improved the SCR user account creation process. In Sections R156-38b-501 through R156-38b-504, the provisions rendered obsolete or redundant by current statute are removed. The scope of provisions is broadened to describe all SCR notices. Provisions are consolidated into basic principles for better application to an expanded number of SCR filings. Remaining provisions are renumbered and reorganized. In Section R156-38b-505, adds references to reflect current statute. In Subsection R156-38b-507(2), there is a minor wording change. Section R156-38b-508 is being deleted due to obsolete language. In Section R156-38b-509, the term "cancel" is modified to "withdraw" to reflect changes in the governing statute. Section R156-38b-510 is being deleted due to obsolete language. In Section R156-38b-601, the subsection numbering is corrected. Subsection R156-38b-602(2) is deleted due to obsolete language. In Sections R156-38b-603 and R156-38b-604, minor wording corrections are made. Section R156-38b-701 is being deleted due to redundant language. In Subsection R156-38b-702(2)(c), the word "canceled" is replaced with "withdrawn".

State statutory or constitutional authorization for this rule:

  • Subsection 38-1-30(3)

Anticipated cost or savings to:

the state budget:

The Division anticipates no costs or savings to the state budget as a result of this proposed rule filing. Development and administrative costs are born by the designated agent, Utah Interactive, and shall be offset by SCR filing fees.

local governments:

The Division anticipates no costs or savings to local governments as a result of this proposed rule filing as the filing imposes no additional requirements for compliance.

small businesses:

Original contractors who wish to maintain lien rights on private projects will be required to file a Preliminary Notice and pay a $1.25 fee. Previously, an original contractor's lien rights were held inviolate by the SCR. This cost will translate into an additional $15 annually for an original contractor who wishes to maintain lien rights on 12 projects. Protecting lien rights on 100 jobs would cost the original contractor $125. Subcontractors and suppliers will pay $1.25 to file a Preliminary Notice rather than $1. This additional cost will translate into an additional $30 annually for a subcontractor who wishes to maintain lien rights on 120 projects. Protecting lien rights on 3,000 jobs would cost a supplier an additional $750. Office staff wages and other related overhead costs will decrease due to quicker filing procedures and decreased ambiguity. Wages and other related overhead costs for title companies will decrease due to increased reliability, decreased ambiguity, and the integration of tax parcel identification numbers. Construction lenders will be required to file a notice of construction loan after recording a mortgage or trust deed on a private project. This filing requires an $8 fee and would translate into a cost of $800 for a lender who files 100 notices and $48,000 for a lender who files 6,000 notices.

persons other than small businesses, businesses, or local governmental entities:

Original contractors who wish to maintain lien rights on private projects will be required to file a Preliminary Notice and pay a $1.25 fee. Previously, an original contractor's lien rights were held inviolate by the SCR. This cost will translate into an additional $15 annually for an original contractor who wishes to maintain lien rights on 12 projects. Protecting lien rights on 100 jobs would cost the original contractor $125. Subcontractors and suppliers will pay $1.25 to file a Preliminary Notice rather than $1. This additional cost will translate into an additional $30 annually for a subcontractor who wishes to maintain lien rights on 120 projects. Protecting lien rights on 3,000 jobs would cost a supplier an additional $750. Office staff wages and other related overhead costs will decrease due to quicker filing procedures and decreased ambiguity. Wages and other related overhead costs for title companies will decrease due to increased reliability, decreased ambiguity, and the integration of tax parcel identification numbers. Construction lenders will be required to file a notice of construction loan after recording a mortgage or trust deed on a private project. This filing requires an $8 fee and would translate into a cost of $800 for a lender who files 100 notices and $48,000 for a lender who files 6,000 notices.

Compliance costs for affected persons:

Original contractors who wish to maintain lien rights on private projects will be required to file a Preliminary Notice and pay a $1.25 fee. Previously, an original contractor's lien rights were held inviolate by the SCR. This cost will translate into an additional $15 annually for an original contractor who wishes to maintain lien rights on 12 projects. Protecting lien rights on 100 jobs would cost the original contractor $125. Subcontractors and suppliers will pay $1.25 to file a Preliminary Notice rather than $1. This additional cost will translate into an additional $30 annually for a subcontractor who wishes to maintain lien rights on 120 projects. Protecting lien rights on 3000 jobs would cost a supplier an additional $750. Office staff wages and other related overhead costs will decrease due to quicker filing procedures and decreased ambiguity. Wages and other related overhead costs for title companies will decrease due to increased reliability, decreased ambiguity, and the integration of tax parcel identification numbers. Construction lenders will be required to file a notice of construction loan after recording a mortgage or trust deed on a private project. This filing requires an $8 fee and would translate into a cost of $800 for a lender who files 100 notices and $48,000 for a lender who files 6,000 notices.

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

This rule filing implements recent statutory amendments, including setting fees required by statute, corrects statutory references, renumbers and reorganizes provisions and makes other technical amendments. No fiscal impact to businesses is anticipated from these changes.

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:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

  • Tom Harper at the above address, by phone at 801-530-6288, by FAX at 801-530-6511, or by Internet E-mail at tharper@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:

09/14/2011

Interested persons may attend a public hearing regarding this rule:

  • 09/12/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 210, Salt Lake City, UT

This rule may become effective on:

09/21/2011

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-38b. State Construction Registry Rule.

R156-38b-102. Definitions.

In addition to the definitions in Section 38-1-27, State Construction Registry -- Form and contents of notice of commencement, preliminary notice, and notice of completion; Title 58, Chapter 1, Division of Occupational and Professional Licensing Act; and Rule R156-1, General Rule of the Division of Occupational and Professional Licensing; which shall apply to these rules, as used in the referenced statutes or this rule:

(1) "Alternate method or process" means transmission by telefax, by U.S. mail, or by private commercial courier.

(2) "Electronic" or "Electronically" means transmission by Internet or by electronic mail and does not mean a transmission by alternate methods or process.

(3) "J2EE" means SUN Microsystem's Java 2 Platform, Enterprise Edition, for multi-tier server-oriented enterprise applications.

(4) "Merge" means to link two or more filings together under a unique project number as required by Subsection [38-1-31(1)(d)]38-1-31.5(3)(a).

(5) "Private project" means a construction project, commenced after July 31, 2011, that is not a government project.

([5]6) "SCR" means the State Construction Registry established in Sections 38-1-27 and 38-1-30 through 38-1-[37]36.

 

R156-38b-103. Authority - Purpose.

This rule is adopted by the Division under the authority of Sections 38-1-27 and 38-1-30 through 38-1-[37]36 to administer the SCR.

 

R156-38b-402. User Identification and Password.

(1) All users are required to register with the SCR .

(2) The Division shall issue [and be assigned] a unique user ID and password to each user who successfully registers to use[gain access to] the SCR.

(3) The information gathered in the registration process shall be maintained in the SCR as the user profile.

(4) The registration process shall include the following information and any other information established by the Division in collaboration with the designated agent:

(a) first and last name of the individual registering; and

(b) [entity name if the individual represents an entity, and any DBA name(s);

(c) individual's position or title if the individual represents an entity;

(d) mailing address;

(e) phone number;

(f)] email address, if any[;

(g) preferred method of submitting payment to the SCR, as defined in a pre-populated pick list].

([2]5) The SCR shall provide the ability for a user to view and modify the user's profile.

([3]6) The SCR shall provide an industry accepted secure method for a user to recover a forgotten user ID or password.

([4]7) The SCR shall pre-populate filings with any information available in the user's profile.[

(5) The account will not be effective until the fee, established by the Division in collaboration with the designated agent, is received.]

 

R156-38b-501. Required Information for SCR Filing Notices.

(1) Electronic notice filings shall be input into the SCR entry screen by the person making the filing but shall not be accepted by the SCR unless the person complies with the content requirements for filing a preliminary notice.

(2) The SCR shall verify that data is submitted for each of the content requirements, but it is not responsible for the accuracy, suitability, or coherence of the data.

 

R156-38b-[501]502. Merging Notices of Commencement.

[(1) Content Requirements. The content of notices of commencement shall be in accordance with Subsection 38-1-31(2).

(2) Persons Who Must File Notices. In accordance with Subsections 38-1-31(1)(a) and (b), the following are required to file a notice of commencement:

(a) For a construction project where a building permit is issued, within 15 days after the issuance of the building permit, the local government entity issuing that building permit shall input the data and transmit the building permit information to the database electronically or by alternate method and such building permit information shall form the basis of a notice of commencement. The local government entity may not transfer this responsibility to the person who is issued or is to be issued the building permit.

(b) For a construction project where a building permit is not issued, within 15 days after commencement of physical construction work at the project site, the original contractor shall file a notice of commencement with the SCR.

(3) Persons Who May File Notices.

(a) In accordance with Subsection 38-1-31(1)(c), an owner of a construction project or original contractor may but is not required to file a notice of commencement with the designated agent within the prescribed time set forth in Subsection 38-1-31(1)(a) or (b).

(b) The parties identified in R156-38b-501(3)(a) may authorize a third party to file a notice of commencement on its behalf, as established in Subsection 38-1-27(9).

(4) Methodology.

(a) Electronic notice of commencement filings shall be input into the SCR by the person making the filing and shall not be accepted by the SCR unless the person complies with the content requirements for filing a notice of commencement.

(b) Alternate method notice of commencement filings shall be in accordance with this Section and Section R156-38-505.

] ([c]1) Checking for Existing Notices. In order to prevent duplicate filings of notices of commencement on government projects, [a search of] the SCR shall [be performed]search its database for any existing notices of commencement [and existing filed amendments] before allowing a use to create[creating] a new notice of commencement[for a project].

([i]a) If an existing notice of commencement is identified the following procedures apply:

([A]i) For an electronic filing[ by the person attempting to file the new notice of commencement,]

(A) the SCR shall indicate that a notice of commencement may have already been filed for the project and display the possible notice or notices of commencement that may match the existing project filing.

(B) The SCR shall allow the user to review the content of any existing notices to determine whether a notice has already been filed for the project before allowing a new notice to be filed.[

(I) If a notice of commencement already exists for the project but the person attempting to file the notice of commencement believes the content of the filing is not accurate, the person shall be given the option of submitting amendments to the content of the notice. The SCR shall reflect the submission date of the amendments, but the filing date of the notice shall remain unchanged. If the person attempting to file the new notice of commencement believes the existing notice is accurate, the system shall permit the proposed new filing to be terminated.]

([B]ii) For an alternate method filing, [input by the designated agent for the person filing the notice of commencement,] the designated agent shall notify the [person]filer by electronic or alternate method as specified by the filer, that a notice of commencement has already been filed for the particular project and include a copy of the existing notice of commencement.[ In addition, the user will be notified that the notice of commencement will be added to the construction project as an amendment to the original filing in the SCR and the appropriate fee will be charged.]

([ii]b) As part of the process described in Subsection R156-38b-[501(4)(c)(i)]502(1), the SCR search for an existing notice of commencement shall display, for review by the person who submitted the search parameters, all notice of commencement filings that fit the search parameters indicated by the submission that prompted the search.[ The purpose of this requirement is to enable the person to properly identify any existing notice of commencement before a new notice of commencement is created, to avoid duplicate notice of commencement filings.]

([iii]c) If no existing notice of commencement is identified for the particular project, the SCR shall allow the person who submitted the filing to file a new notice of commencement.[

(d) Creation of New Notices.

(i) A new notice of commencement shall not be accepted into the SCR until the SCR system has checked for an existing notice in accordance with the procedures outlined in Subsection R156-38b-501(4).

(ii) In accordance with Subsection 38-1-31(1)(d), when a new notice of commencement filing is accepted into the SCR, the SCR shall assign the project a unique project number that identifies the project and can be associated with all future notices of commencement, preliminary notices, notices of completion, and requests for notification applicable to the project.]

([e]2) Merging of Duplicate Filings. Duplicate filings shall be avoided to the extent possible in accordance with the procedure outlined in this Subsection. The SCR shall include functionality to allow a person who has successfully filed[, amended or corrected] a notice of commencement which duplicates another notice of commencement already in the SCR to merge the notice of commencement with the existing notice of commencement filing.

([i]a) The SCR shall reflect the effective date of the merger.

([ii]b) The SCR shall provide notification of the merger to all persons who are associated with either notice of commencement filing, including those who have filed preliminary notices.

([iii]c) The effective date of a merger reflects the date the unique merger number was cross-referenced to duplicate notice of commencement filings. A merger does not dissolve or affect the filing dates, or the consequences of the filing dates, of the notices being combined.[

(f) Resolving Multiple or Inconsistent Property Descriptions.]

([i]3) The person making a notice [of commencement] filing shall be responsible for correctly identifying a project, and for the consequences of failing to correctly identify a project.[

(ii)] Neither the Division nor the designated agent shall be responsible for the consequences of a person making a notice of commencement filing that identifies a project in such a way that the SCR is unable to identify an existing notice of commencement for the project, according to the search criteria established by the Division in collaboration with the designated agent, nor for the SCR allowing the person to make a successful duplicate notice of commencement filing with a different description of the project.[

 

R156-38b-502. Preliminary Notices.

(1) A person who wishes to file a preliminary notice may authorize a third party to file the notice on the person's behalf, as established in Subsection 38-1-27(9).

(2) Content Requirements. The content of a Preliminary Notice shall be in accordance with Subsection 38-1-32(1)(d).

(3) Methodology.

(a) Electronic preliminary notice filings shall be input into the SCR entry screen by the person making the filing but shall not be accepted by the SCR unless the person complies with the content requirements for filing a preliminary notice. The SCR is responsible for requiring that some data be submitted for each of the content requirements, but it is not responsible for the accuracy, suitability or coherence of the data.

(b) Alternate method preliminary notice filings shall be in accordance with Section R156-38b-505.

(c) Preliminary notice filing submitted before notice of commencement filing.

(i) A preliminary notice for a project may not be filed until the project has an existing notice of commencement. A person who attempts to submit a preliminary notice filing before a notice of commencement has been filed may either:

(A) file the notice of commencement as an interested party to enable the filing of the preliminary notice; or

(B) wait for the notice of commencement to be filed by someone else to enable the filing of his or her preliminary notice.

(i) A person who attempts to submit a preliminary notice filing before a notice of commencement has been filed and who can identify the project, using the building permit number or other identifier adopted by the Division in collaboration with the designated agent, may request notification of the filing of a notice of commencement for the project.

(ii) A preliminary notice filing that is not accepted by the SCR because it is submitted before a notice of commencement has been filed shall be in accordance with Section R156-38b-507.

 

R156-38b-503. Notices of Completion.

(1) Persons Who May File Notices.

(a) In accordance with Subsection 38-1-33(1)(a)(i), the owner, original contractor, lender, title company or surety associated with the construction project may file a notice of completion.

(b) The parties identified in R156-38b-503(1)(a)(i) may authorize a third party to file the notice on its behalf, as established in Subsection 38-1-27(9).

(2) Content Requirements. The content of a Notice of Completion shall be in accordance with Section 38-1-33(1)(d).

(3) Methodology.

(a) Electronic notice of completion filings shall be input into the SCR input screen by the person making the filing but shall not be accepted by the SCR unless the person complies with the content requirements for filing a notice of completion. The SCR is responsible for requiring that some data be submitted for each of the content requirements, but it is not responsible for validating the accuracy, suitability or coherence of the data.

(b) Alternate method notice of completion filings shall be in accordance with Section R156-38b-505.

 

R156-38b-504. Required Notifications and Requests for Notifications.

(1) Required Notifications. The designated agent or the SCR shall send the following required notifications:

(a) notification of the filing of a notice of commencement to a person who has filed a notice of commencement for the project, as required by Subsection 38-1-31(4)(a);

(b) notification of the filing of a preliminary notice to the person who filed the preliminary notice, as required by Subsection 38-1-32(2)(a)(i);

(c) notification of the filing of a preliminary notice to each person who filed a notice of commencement for the project, as required by Subsection 38-1-32(2)(a)(ii);

(d) notification of the filing of a notice of completion to each person who filed a notice of commencement for the project, as required by Subsection 38-1-33(1)(d)(i)(A); and

(e) notification of the filing of a notice of completion to each person who filed a preliminary notice for the project, as required by Subsection 38-1-33(d)(d)(i)(B).

(2) Permissible Requests for Notifications. The following requests for notifications may be submitted to the SCR:

(a) requests by any interested person who requests notification of the filing of a notice of commencement for a project, as permitted by Subsection 38-1-31(4)(b);

(b) requests by any interested person who requests notification of the filing of a preliminary notice, as permitted by Subsection 38-1-32(2)(a)(iii); and

(c) requests by any interested person who requests notification of the filing of a notice of completion, as permitted by Subsection 38-1-33(1)(d)(i)(C).

(3) Content Requirements for Requests for Notification. The content of a request for notification shall include:

(i) identification of the project by a method designated by the Division in collaboration with the designated agent;

(ii) name of the requestor;

(iii) the filing for which notification is requested; and

(iv) an electronic or alternate method address or telefax number for a response.

(4) Methodology.

(a) Automatic Response System. The SCR shall, to the extent practicable, be designed to require or generate the necessary information to support an automatic response system and documentation of automatic response system in order to handle requests for and required sending of notifications.

(b) Necessary Information. The information to be required from filers or generated to enable an automatic response system and documentation of response system shall include:

(i) the date requests for notification were accepted;

(ii) the method by which requests for notification are to be sent;

(iii) unique identification of the construction project;

(iv) the date a notification is sent in response to a requests for notification; and

(v) the mailing address, electronic mail address, or telefax number used to respond to a request for notification.

(c) Electronic Requests. Electronic requests shall be responded to electronically unless directed otherwise by the person filing the request.

(d) Alternate Method or Process Requests. Alternate method requests shall be responded to in the method requested by the requestor.]

 

R156-38b-505. Alternate Filings.

(1) Alternate Methods of Filing. The alternate methods of filing are those established by Subsections 38-1-27(2)(e)(ii), [i.e.,]including U.S. Mail and telefax. Private commercial courier is established as an additional alternate method of receipt by the designated agent, but not dispatch from the designated agent.

(2) Content Requirements. The content requirements for alternate method filings shall be the same as for electronic filings as set forth for Notices [of Commencement, Preliminary Notices, and Notices of Completion] in Sections 38-1-30.5, 30-1-30.7, 38-1-31, 38-1-31.5, 38-1-32, 38-1-32.7, [and] 38-1-33, and 38-1-40 [respectively,] or this rule.

(3) Format Requirements. Alternate method filings shall be submitted in a standard format adopted by the Division in collaboration with the designated agent. Filings not submitted in the standard format, in the sole judgment of the designated agent, shall be rejected and dispatched to the submitter. The filing fee shall be retained by the designated agent as a processing fee for rejecting and dispatching the filing. An additional filing fee shall be due upon resubmission.

(4) Methodology.

(a) U.S. Mail. An alternate method filing by U.S. Mail shall be submitted to the designated agent's mailing address by any method of U.S. Mail.

(b) Express Mail. An alternate method filing by commercial private courier shall be submitted to the designated agent's mailing address by any commercially available method of express mail.

(c) Telefax. An alternate method filing by telefax shall be submitted to the designated agent's toll-free unique SCR fax number.

(5) Processing Requirements.

(a) Transaction Receipt. The designated agent shall confirm a successful alternate method filing and fee payment receipt by sending a transaction receipt as specified in Section R156-38b-602.

(b) Creation of Electronic Image. The designated agent shall create and maintain an electronic image of alternate method filings that are accepted into the SCR. Once an electronic image has been created and the accepted alternate method filing has been entered into the SCR, the original version of the accepted alternate method filing may be destroyed. The electronic image shall remain accessible for audit purposes.

(6) Data Entry Standards.

(a) The designated agent shall meet or exceed the following data entry standards for alternate filings:

(i) a primary operator shall manually input information required by Subsection 38-1-31[(2)(a)](1)(a)(i);

(ii) a secondary operator shall independently input the construction project permit number and original contractor name;

(iii) the designated agent shall automatically compare all entries from the primary and secondary operators for consistency;

(iv) following the above procedures, the designated agent shall visually inspect at least 5% of all notices created by alternate filing; and

(v) these standards are to be met prior to Internet publication.

 

R156-38b-507. Status of and Process for Filings Not Accepted by the SCR.

(1) A filing that is not accepted by the SCR shall not be considered to be filed.

(2) The SCR shall electronically indicate to a person whose electronic filing is not accepted that the filing is not accepted and the reason or reasons why it is not accepted. The SCR shall allow the person making the electronic filing attempt to correct [the defect or]any defects, if possible.

(3) The designated agent shall notify a person whose alternate method filing is not accepted that the filing is not accepted and the reason or reasons why it is not accepted. The designated agent shall allow the person making the alternate filing to correct the defect or defects.

(4) A fee payment received with a filing submitted by alternate process that is not accepted shall be retained by the designated agent as the processing fee for handling the incomplete filing.

(5) For auditing purposes, the SCR shall maintain a record of all processing fees received with filings submitted by alternate process that are not accepted.[

 

R156-38b-508. Correction of Filings.

(1) A person who submits a filing may submit a correction of the filing electronically or by alternate filing.

(2) A correction of filing shall not require a new fee payment unless submitted by alternate process or by a method of electronic process that requires manual input by the designated agent.

(3) A correction of filing shall not affect the date of filing for the filing being corrected. The date of filing for the correction of filing shall be as specified in Section R156-38b-506.

(4) Notification of the correction of filing shall be provided to the same persons as required for the filing being corrected.]

 

R156-38b-509. [Cancellation]Withdrawal of Filings.

(1) In accordance with Subsections 38-1-32([3]6) and 38-1-33(2), the SCR shall, upon request of a person who filed an accepted [preliminary] notice filing [or notice of completion,] allow[:

(i) a]the person [who completed a filing who electronically requests cancellation of the filing] to designate the filing as withdrawn.[canceled; and

(ii) a person who completed a filing who by alternate process requests cancellation of the filing to have the filing placed in a canceled by the designated agent.]

(2) Notification of [the cancellation of] a filing withdrawal shall be provided to the same persons as required for the original successful filing.

(3) A [canceled]withdrawn filing shall indicate that the filing is no longer given effect.

(4) A [canceled]withdrawn filing may not be restored, but must be filed as a new filing in accordance with Sections 38-1-32 or 38-1-33.[

 

R156-38b-510. Data Contained in the SCR.

The SCR is intended as a public repository of the information contained in the filings required or permitted by law. The SCR has the responsibility to post but not validate the accuracy, suitability or coherence of the information received in filings included within the SCR.]

 

R156-38b-601. Fee Payment Methods.

(1) Pay-as-you-go Account. Payments may be made online by a credit card transaction in the amount established by the Division in collaboration with the designated agent. For alternate method filings, users will have the option of sending in a check or credit card information with their filing.

(2) Monthly Accounts. Payments may be made by a monthly account as specified by the Division in collaboration with the designated agent, as follows:

([i]a) an account in which the designated agent charges monthly fees to a credit card or bank account designated and authorized by the registered user; or

([ii]b) an account, guaranteed by a credit card, in which the designated agent sends a monthly invoice to be paid by the registered user within 30 days.

 

R156-38b-602. Transaction Receipts.

(1) In accordance with Subsection 38-1-27(2)(g), the SCR shall make available a transaction receipt upon acceptance of a filing into the SCR. The receipt shall indicate:

(a) the amount of any fee payment being processed;

(b) that the filing is accepted by the SCR;

(c) the date and time of the filing's acceptance; and

(d) the content of the accepted filing.

(2) [It shall be the responsibility of the person making an electronic filing to print out a transaction receipt, if the person wishes a hard copy of the receipt.

(3)] The designated agent shall send a transaction receipt to a person who submits a filing by alternate method that is accepted.

 

R156-38b-603. Fee Payment Accounting.

The designated agent shall [be responsible for] keep[ing] accurate records to account for all fee payments, including filing fee payments and registration payments for access to SCR data. The designated agent shall make its accounting records available to the Division upon notification for auditing purposes.

 

R156-38b-604. Fee Payment Collection.

The designated agent shall [be responsible for] conduct[ing] or contract[ing] for all fee payment collection activities and shall document or require to be documented such activities. The designated agent shall make its collection activity records available to the Division upon notification, for auditing purposes.[

 

R156-38b-701. Indexing of State Construction Registry.

The SCR shall be indexed in accordance with Subsection 38-1-27(3)(b).]

 

R156-38b-702. Archiving Requirements.

(1) In accordance with Subsection 38-1-30(4)(a), the designated agent shall archive the SCR computer data files semi-annually for auditing purposes.

(2) In accordance with Subsection 38-1-30(4)(c), filings shall be archived as follows:

(a) one year after the day on which a notice of completion is accepted into the SCR;

(b) if no notice of completion is filed, two years after the last filing activity for a project; or

(c) one year after the day on which a filing is [canceled]withdrawn under Subsection 38-1-32([3]6)(c) or 38-1-33(2)(c).

(3) For purposes of this section, "archive" means to preserve an original or a copy of computer data files and filings separate from the active SCR.

(4) The designated agent shall maintain a transaction log of archived filings and make it available to the Division upon request for auditing purposes.

 

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion

Date of Enactment or Last Substantive Amendment: [August 16, 2010]2011

Notice of Continuation: February 8, 2010

Authorizing, and Implemented or Interpreted Law: 38-1-30(3)

 


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2011/b20110815.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Tom Harper at the above address, by phone at 801-530-6288, by FAX at 801-530-6511, or by Internet E-mail at tharper@utah.gov.