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2020 Utah Code
Title 36 - Legislature
Chapter 23 - Occupational and Professional Licensure Review Committee Act
Section 101.5 - Definitions.
Universal Citation: UT Code § 36-23-101.5 (2020)
Effective 5/14/2019
36-23-101.5. Definitions.
As used in this chapter:
Amended by Chapter 276, 2019 General Session
36-23-101.5. Definitions.
As used in this chapter:
- (1) "Committee" means the Occupational and Professional Licensure Review Committee created in Section 36-23-102.
- (2) "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.
- (3) "Health or safety of the public" includes protecting against physical injury, property damage, or financial harm of the public.
- (4) "Lawful 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.
- (5) "License" or "licensing" means a state-granted authorization for a person to engage in a specified lawful 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.
- (6) "Newly regulate" means to create by statute or administrative rule a new license, certification, registration, or exemption classification regarding a lawful occupation.
- (7) "Personal qualifications" are criteria established in state law related to a person's background and may include:
- (a) completion of an approved education program;
- (b) satisfactory performance on an examination;
- (c) work experience; and
- (d) completion of continuing education.
- (8) "Proposal" means:
- (a) an application submitted under Section 36-23-105, with or without specific proposed statutory language;
- (b) a request for review by a legislator of the possibility of newly regulating a lawful occupation, with or without specific proposed statutory language; or
- (c) proposed legislation to newly regulate a lawful occupation referred to the committee by another legislative committee.
- (9) "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 lawful 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 lawful occupation for compensation.
- (10) "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 lawful 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.
- (11) "Sunrise review" means a review under this chapter of a proposal to newly regulate a lawful occupation.
- (12) "Sunset review" means a review under this chapter of a statute regarding a regulated lawful occupation that is scheduled for termination under Title 63I, Chapter 1, Part 2, Repeal Dates Requiring Committee Review by Title.
Amended by Chapter 276, 2019 General Session
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