13-1b-101. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

As used in this chapter:

(1)"Department" means the Department of Commerce.

(2)"Director" means the director of the office.

(3)"Executive director" means the executive director of the Department of Commerce.

(4)"Government requestor" means:

(a)the governor;

(b)an executive branch officer other than the governor;

(c)an executive branch agency;

(d)a legislator; or

(e)a legislative committee.

(5)"Health, safety, or financial welfare of the public" includes protecting against physical injury, property damage, or financial harm of the public.

(6)"License" or "licensing" means a state-granted authorization for a person to engage in a specified occupation:

(a)based on the person meeting personal qualifications established under state law; and

(b)where state law requires the authorization before the person may lawfully engage in the occupation for compensation.

(7)"Newly regulate" means to create by statute or administrative rule a new license, certification, registration, or exemption classification regarding an occupation.

(8)"Occupation" means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell, irrespective of whether the individual selling the goods or services is subject to an occupational regulation.

(9)"Office" means the Office of Professional Licensure Review created in this chapter.

(10)"Periodic review" means a review described in Subsection 13-1b-203(2) .

(a)"Personal qualifications" means criteria established in state law related to an individual's background.

(b)"Personal qualifications" includes:

(i)completion of an approved education program;

(ii)satisfactory performance on an examination;

(iii)work experience; and

(iv)completion of continuing education.

(12)"Regulated occupation" means an occupation that:

(a)requires a person to obtain a license to practice the occupation; or

(b)provides for state certification or state registration.

(13)"State certification" means a state-granted authorization given to a person to use the term "state certified" as part of a designated title related to engaging in a specified occupation:

(a)based on the person meeting personal qualifications established under state law; and

(b)where state law prohibits a noncertified person from using the term "state certified" as part of a designated title but does not otherwise prohibit a noncertified person from engaging in the occupation for compensation.

(14)"State registration" means a state-granted authorization given to a person to use the term "state registered" as part of a designated title related to engaging in a specified occupation:

(a)based on the person meeting requirements established under state law, which may include the person's name and address, the person's agent for service of process, the location of the activity to be performed, and bond or insurance requirements;

(b)where state law does not require the person to meet any personal qualifications; and

(c)where state law prohibits a nonregistered person from using the term "state registered" as part of a designated title.

(15)"Sunrise review" means a review under this chapter of an application to establish a new regulated occupation.

Enacted by Chapter 413 , 2022 General Session