58-94-304. Qualifications for licensure.

848 words·~4 min read·/ut/title-58/chapter-94/58-94-304

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

Effective 1/1/2027

(1)Each applicant for a license as an alarm company shall:

(a)submit an application the division approves;

(b)pay the fee the division determines in accordance with Section 63J-1-504 ;

(c)have a qualifier who:

(i)is an alarm company officer, alarm company owner, alarm company proprietor, alarm company trustee, or other responsible management personnel;

(ii)demonstrates 6,000 hours of experience in the alarm company business;

(iii)demonstrates 2,000 hours of experience as a manager or administrator in the alarm company business or in a construction business;

(iv)passes an examination the division makes in collaboration with the board;

(v)requires that each alarm company officer, alarm company owner, alarm company proprietor, alarm company trustee, and responsible management personnel with direct responsibility for managing operations of the applicant within the state:

(A)provide the individual's name, address, date of birth, social security number, and fingerprints to the division;

(B)consent to, and complete, a criminal background check, described in Section 58-1-301.5 ;

(C)meet background check standards the division makes by rule under Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(D)disclose criminal history the division requests on a form the division approves;

(vi)documents that none of the individuals described in Subsection (1)(c)(v) :

(A)are declared by a court with jurisdiction incompetent by reason of mental defect or disease and not been restored; or

(B)are currently suffering from a substance use disorder;

(vii)files and maintains with the division evidence of:

(A)comprehensive general liability insurance in form and in amounts the division determines by rule made in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(B)workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law; and

(C)registration as is required by applicable law with the Division of Corporations and Commercial Code, the Unemployment Insurance Division in the Department of Workforce Services for purposes of Title 35A, Chapter 4, Employment Security Act, the State Tax Commission, and the Internal Revenue Service; and

(viii)meets with the division and board if the division or the board requests.

(2)Each applicant for a license as an alarm company agent shall:

(a)submit an application in a form the division approves;

(b)submit fingerprints in a form the division approves;

(c)pay the fee the division determines in accordance with Section 63J-1-504 ;

(d)consent to and complete a criminal background check described in Section 58-1-301.5 ;

(e)meet background check standards the division makes by rule under Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(f)disclose criminal history the division requests on a form the division approves;

(g)attest the applicant has not been declared by a court with jurisdiction incompetent by reason of mental defect or disease and not been restored;

(h)attest the applicant is not currently suffering from a substance use disorder; and

(i)meet with the division and board if the division or the board requests.

(3)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules establishing when the division shall check Federal Bureau of Investigation records for an alarm company or an alarm company agent applicant under this section and Section 58-1-301.5 .

(a)The division shall deny an application for licensure under this chapter if:

(i)the applicant has had a previous license issued under this chapter suspended or revoked within two years before the date of the applicant's application;

(A)the applicant is a partnership, corporation, or limited liability company; and

(B)a person that serves the applicant entity in a control position previously served in a control position for an entity that held a license the division suspended or revoked less than two years before the date of the application; or

(A)the applicant is an individual or sole proprietorship; and

(B)any person that served in a control position in any entity which has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant's application.

(b)The board shall review an application for licensure under this chapter before approval if:

(i)the applicant has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant's application;

(A)the applicant is a partnership, corporation, or limited liability company; and

(A)the applicant is an individual or sole proprietorship; and

(B)a person that serves the applicant entity in a control position previously served in a control position for an entity that held a license that the division suspended or revoked two years or more before the date of the application.

Enacted by Chapter 42 , 2026 General Session