reglab/housing_qa huggingface dataset:
UT Code § 57-29-102 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act|Part 1 - General Provisions|Section 102 - Definitions.

 Effective 5/10/2016  57-29-102. Definitions.  As used in this chapter:  (1) "Commission" means the Real Estate Commission created in Section 61-2f-103.     (2) "Director" means the director of the Division of Real Estate.     (3) "Division" means the Division of Real Estate created in Section 61-2-201.     (4) "Management agreement" means an agreement between a person and each owner of an undivided fractionalized long-term estate in a piece of real property under which the person agrees to manage the leasing or operations of the real property.     (5) "Master lease" means an agreement under which a person is granted a leasehold interest in real property and may sublease all or a portion of the real property to one or more persons.     (6) "Master lease tenant" means the lessee in a master lease.     (7) "Sponsor" means a person who is the original seller of an undivided fractionalized long-term estate.     (8)   (a) "Undivided fractionalized long-term estate" means an ownership interest in real property by two or more persons that is:   (i) a tenancy in common; or     (ii) a fee estate.       (b) "Undivided fractionalized long-term estate" does not include a joint tenancy.      Enacted by Chapter 381, 2016 General Session
UT Code § 57-29-103 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act|Part 1 - General Provisions|Section 103 - Applicability.

 Effective 5/10/2016  57-29-103. Applicability.  This chapter does not apply to property that is subject to Title 57, Chapter 19, Timeshare and Camp Resort Act. Enacted by Chapter 381, 2016 General Session
UT Code § 57-29-201 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act|Part 2 - License and Disclosure Requirements|Section 201 - Title.

 Effective 5/10/2016  57-29-201. Title.  This part is known as "License and Disclosure Requirements." Enacted by Chapter 381, 2016 General Session
UT Code § 57-29-202 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act|Part 2 - License and Disclosure Requirements|Section 202 - License required.

 Effective 5/10/2016  57-29-202. License required.  Except as provided by Section 61-2f-202, a person may not offer, sell, or otherwise dispose of an undivided fractionalized long-term estate unless the person is licensed by the division under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, as a principal broker, associate broker, or sales agent. Enacted by Chapter 381, 2016 General Session
UT Code § 57-29-203 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act|Part 2 - License and Disclosure Requirements|Section 203 - Required disclosures.

 Effective 5/10/2016  57-29-203. Required disclosures.    (1) A sponsor or licensee who sells or offers to sell an undivided fractionalized long-term estate shall provide each prospective purchaser a written disclosure, related to the real property in which the undivided fractionalized long-term estate is offered, that:   (a) if applicable:   (i) includes a copy of any master lease agreement; and     (ii) states whether the sponsor is the master lease tenant or an affiliate of the master lease tenant;       (b) includes any material information that relates to a current lease or sublease that affects the real property in which the undivided fractionalized long-term estate is offered;     (c) includes a copy of:   (i) a tenants in common agreement; or     (ii) an agreement that forms the substance of the undivided fractionalized long-term estate and includes a definition of the undivided fractionalized interest;       (d) describes any improvements to the real property in which the undivided fractionalized long-term estate is offered;     (e) includes a copy of any management agreement;     (f) describes the relationship, if any, between each property manager and the sponsor; and     (g) includes any additional information that an ordinarily prudent purchaser would consider material to deciding whether to purchase the undivided fractionalized long-term estate, as determined by the commission, with concurrence by the division, by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.       (2) A sponsor or licensee who sells or offers to sell an undivided fractionalized long-term estate shall provide the written disclosure described in Subsection (1) to the prospective purchaser before the prospective purchaser purchases the undivided fractionalized long-term estate.    Enacted by Chapter 381, 2016 General Session
UT Code § 57-29-301 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act|Part 3 - Investigation and Enforcement|Section 301 - Title.

 Effective 5/10/2016  57-29-301. Title.  This part is known as "Investigation and Enforcement." Enacted by Chapter 381, 2016 General Session
UT Code § 57-29-302 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act|Part 3 - Investigation and Enforcement|Section 302 - Rulemaking.

 Effective 5/10/2016  57-29-302. Rulemaking.  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this chapter, the commission, with concurrence by the division, may make rules governing:  (1) the form of the disclosures required under this chapter; and     (2) enforcement of the provisions of this chapter.    Enacted by Chapter 381, 2016 General Session
UT Code § 57-29-303 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act|Part 3 - Investigation and Enforcement|Section 303 - Investigatory powers and proceedings of division.

 Effective 5/10/2016  57-29-303. Investigatory powers and proceedings of division.    (1) The division may:   (a) conduct a public or private investigation to determine whether a person has violated or is about to violate a provision of this chapter; and     (b) require or allow a person to file a written statement with the division that relates to the facts and circumstances concerning a matter to be investigated.       (2) For the purpose of an investigation or proceeding under this chapter, the division may:   (a) administer oaths or affirmations; and     (b) upon the division's own initiative or upon the request of any party:   (i) subpoena a witness;     (ii) compel a witness's attendance;     (iii) take evidence; or     (iv) require the production, within 10 business days, of any information or item that is relevant to the investigation, including:   (A) the existence, description, nature, custody, condition, and location of any books, electronic records, documents, or other tangible records;     (B) the identity and location of any person who has knowledge of relevant facts; or     (C) any other information or item that is reasonably calculated to lead to the discovery of material evidence.           (3) If a person fails to obey a subpoena or other request made in accordance with this section, the division may file an action in district court for an order compelling compliance.    Enacted by Chapter 381, 2016 General Session
UT Code § 57-29-304 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act|Part 3 - Investigation and Enforcement|Section 304 - Enforcement.

 Effective 5/10/2016  57-29-304. Enforcement.    (1)   (a) If the director believes that a person has been or is engaging in conduct that violates this chapter, the director:   (i) shall issue and serve upon the person a cease and desist order; and     (ii) may order the person to take any action necessary to carry out the purposes of this chapter.       (b)   (i) A person served with an order under Subsection (1)(a) may request a hearing within 10 days after the day on which the person is served.     (ii)   (A) If a person requests a hearing in accordance with Subsection (1)(b)(i), the director shall schedule a hearing to take place no more than 30 days after the day on which the director receives the request.     (B) The cease and desist order remains in effect pending the hearing.       (iii) If the director fails to schedule a hearing in accordance with Subsection (1)(b)(ii)(A), the cease and desist order is vacated.       (c) The division shall conduct a hearing described in Subsection (1)(b) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.       (2) After a hearing described in Subsection (1)(b):   (a) if the director finds that the person violated this chapter, the director may issue a final order making the cease and desist order permanent; or     (b) if the director finds that the person did not violate this chapter, the director shall vacate the cease and desist order.       (3) If a person served with an order under Subsection (1)(a) does not request a hearing and the person fails to comply with the director's order, the director may file suit in district court in the name of the Department of Commerce and the Division of Real Estate to enjoin the person from violating this chapter.     (4) The remedies and action provided in this section are not exclusive but are in addition to any other remedies or actions available under Section 57-29-305.    Enacted by Chapter 381, 2016 General Session
UT Code § 57-29-305 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act|Part 3 - Investigation and Enforcement|Section 305 - Voidable agreements.

 Effective 5/10/2016  57-29-305. Voidable agreements.    (1)   (a) If a sponsor violates a provision of this chapter in entering into an agreement to purchase an undivided fractionalized long-term estate, the purchaser may rescind the agreement.     (b) A purchaser may rescind an agreement under this Subsection (1) at any time before the closing.       (2) A purchaser who rescinds an agreement in accordance with Subsection (1) is entitled to all the consideration that the purchaser gave under the rescinded agreement.     (3) In an action to enforce a purchaser's right of rescission under Subsection (1), the court shall award costs and reasonable attorney fees to the prevailing party.    Enacted by Chapter 381, 2016 General Session
UT Code § 58-1-101 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 1 - Division Administration|Section 101 - Short title.

58-1-101. Short title.  This chapter is known as the "Division of Occupational and Professional Licensing Act."  Renumbered and Amended by Chapter 297, 1993 General Session
UT Code § 58-1-102 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 1 - Division Administration|Section 102 - Definitions.

 Effective 5/10/2016  58-1-102. Definitions.  For purposes of this title:  (1) "Ablative procedure" is as defined in Section 58-67-102.     (2) "Cosmetic medical procedure":   (a) is as defined in Section 58-67-102; and     (b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic Medical Practice Act, does not apply to the scope of practice of an individual licensed under this title if the individual's scope of practice includes the authority to operate or perform surgical procedures.       (3) "Department" means the Department of Commerce.     (4) "Director" means the director of the Division of Occupational and Professional Licensing.     (5) "Division" means the Division of Occupational and Professional Licensing created in Section 58-1-103.     (6) "Executive director" means the executive director of the Department of Commerce.     (7) "Licensee" includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title.     (8)   (a)   (i) "Nonablative procedure" means a procedure that is expected or intended to alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or remove living tissue.     (ii) Notwithstanding Subsection (8)(a)(i), nonablative procedure includes hair removal.       (b) "Nonablative procedure" does not include:   (i) a superficial procedure;     (ii) the application of permanent make-up; or     (iii) the use of photo therapy and lasers for neuromusculoskeletal treatments that are performed by an individual licensed under this title who is acting within their scope of practice.         (9) "Pain clinic" means:   (a) a clinic that advertises its primary purpose is the treatment of chronic pain; or     (b) a clinic in which greater than 50% of the clinic's annual patient population receive treatment primarily for non-terminal chronic pain using Schedule II-III controlled substances.        (10) "Superficial procedure" means a procedure that is expected or intended to temporarily alter living skin tissue and may excise or remove stratum corneum but have no appreciable risk of damage to any tissue below the stratum corneum.     (11) "Unlawful conduct" has the meaning given in Subsection 58-1-501(1).     (12) "Unprofessional conduct" has the meaning given in Subsection 58-1-501(2).    Amended by Chapter 127, 2016 General Session
UT Code § 58-1-103 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 1 - Division Administration|Section 103 - Division created to administer licensing laws.

58-1-103. Division created to administer licensing laws.  There is created within the Department of Commerce the Division of Occupational and Professional Licensing. The division shall administer and enforce all licensing laws of Title 58, Occupations and Professions.  Renumbered and Amended by Chapter 297, 1993 General Session
UT Code § 58-1-104 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 1 - Division Administration|Section 104 - Director of division -- Appointment -- Duties.

58-1-104. Director of division -- Appointment -- Duties.    (1) The division shall be under the supervision, direction, and control of a director. The director shall be appointed by the executive director with the approval of the governor. The director shall hold office at the pleasure of the governor.     (2) The director shall perform all duties, functions, and responsibilities assigned to the division by law or rule and, where provided, with the collaboration and assistance of the boards established under this title.    Renumbered and Amended by Chapter 297, 1993 General Session
UT Code § 58-1-105 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 1 - Division Administration|Section 105 - Employment of staff.

58-1-105. Employment of staff.  The director, with the approval of the executive director, may employ necessary staff, including specialists and professionals, to assist him in performing the duties, functions, and responsibilities of the division.  Renumbered and Amended by Chapter 297, 1993 General Session
UT Code § 58-1-107 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 1 - Division Administration|Section 107 - Applicability -- Relationship to specific chapters under title.

58-1-107. Applicability -- Relationship to specific chapters under title.  The provisions of this chapter uniformly apply to the administration and enforcement of this title. However, unless expressly prohibited in this chapter, any provision of this chapter may be supplemented or altered by specific chapters of this title.  Enacted by Chapter 297, 1993 General Session
UT Code § 58-1-108 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 1 - Division Administration|Section 108 - Adjudicative proceedings.

58-1-108. Adjudicative proceedings.    (1) The division and all boards created under the authority of this title shall comply with the procedures and requirements of Title 13, Chapter 1, Department of Commerce, and Title 63G, Chapter 4, Administrative Procedures Act, in all of their adjudicative proceedings as defined by Subsection 63G-4-103(1).     (2) Before proceeding under Section 63G-4-502, the division shall review the proposed action with a committee of no less than three licensees appointed by the chairman of the licensing board created under this title for the profession of the person against whom the action is proposed.     (3) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, a warning or final disposition letter which does not constitute disciplinary action against the addressee, issued in response to a complaint of unprofessional or unlawful conduct under this title, does not constitute an adjudicative proceeding.    Amended by Chapter 382, 2008 General Session
UT Code § 58-1-110 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 1 - Division Administration|Section 110 - Legislative review in Title 58, Occupations and Professions.

58-1-110. Legislative review in Title 58, Occupations and Professions.  Legislation proposing the licensing or regulation of an occupation or profession under Title 58, Occupations and Professions, that is not currently subject to licensing or regulation under Title 58, Occupations and Professions:  (1) may not be enacted by the Legislature unless:   (a) a proposal to license or regulate the occupation or profession has been reviewed by the Occupational and Professional Licensure Review Committee as described in Title 36, Chapter 23, Occupational and Professional Licensure Review Committee Act; or     (b) the proposed legislation contains a provision that expressly exempts the legislation from the review requirement of Subsection (1)(a);       (2) is subject to a reauthorization schedule as described in Title 63I, Chapter 1, Legislative Oversight and Sunset Act; and     (3) shall include a repeal date in Section 63I-1-258 that is no later than 10 years after the effective date of the legislation.    Enacted by Chapter 323, 2013 General Session
UT Code § 58-1-202 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 2 - Boards|Section 202 - Boards -- Duties, functions, and responsibilities.

 Effective 5/8/2018  58-1-202. Boards -- Duties, functions, and responsibilities.    (1) The duties, functions, and responsibilities of each board established under this title include the following:   (a) recommending to the director appropriate rules;     (b) recommending to the director policy and budgetary matters;     (c) approving and establishing a passing score for applicant examinations;     (d) screening applicants and recommending licensing, renewal, reinstatement, and relicensure actions to the director in writing;     (e) assisting the director in establishing standards of supervision for students or persons in training to become qualified to obtain a license in the occupation or profession it represents; and     (f) acting as presiding officer in conducting hearings associated with adjudicative proceedings and in issuing recommended orders when so designated by the director.       (2) Subsection (1) does not apply to boards created in Title 58, Chapter 55, Utah Construction Trades Licensing Act.     (3)   (a) Each board or commission established under this title may recommend to the appropriate legislative committee whether the board or commission supports a change to a licensing act.     (b) This Subsection (3) does not:   (i) require a board's approval to amend a practice act; and     (ii) apply to technical or clarifying amendments to a practice act.        Amended by Chapter 129, 2018 General Session
UT Code § 58-1-203 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 2 - Boards|Section 203 - Duties, functions, and responsibilities of division in collaboration with board -- Construction Services Commission.

58-1-203. Duties, functions, and responsibilities of division in collaboration with board -- Construction Services Commission.    (1) The following duties, functions, and responsibilities of the division shall be performed by the division with the collaboration and assistance of the appropriate board:   (a) defining which schools, colleges, universities, departments of universities, military educational and training programs, or other institutions of learning are reputable and in good standing with the division;     (b) prescribing license qualifications;     (c) prescribing rules governing applications for licenses;     (d) providing for a fair and impartial method of examination of applicants;     (e) defining unprofessional conduct, by rule, to supplement the definitions under this chapter or other licensing chapters;     (f) establishing advisory peer committees to the board and prescribing their scope of authority; and     (g) establishing conditions for reinstatement and renewal of licenses.       (2) Notwithstanding Subsection (1), the duties, functions, and responsibilities of the division outlined in Subsection (1) shall, instead, be performed by the Construction Services Commission for all purposes of Title 58, Chapter 55, Utah Construction Trades Licensing Act.    Amended by Chapter 181, 2011 General Session
UT Code § 58-1-301.3 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 3 - Licensing|Section 301.3 - Waiver of licensing fees.

 Effective 5/12/2020  58-1-301.3. Waiver of licensing fees.  An individual applying for initial licensure or licensure renewal under this title may apply for initial licensure or licensure renewal without paying the fees described in Subsection 58-1-301(1) if the applicant provides evidence to the division in a form prescribed by the division that at the time of the application the applicant is:   (1) on full-time active service with a branch of the armed forces of the United States, including an applicant who is on full-time active duty orders with the National Guard or reserve component of the armed forces; or     (2) receiving public assistance through one of the following programs administered by the Department of Workforce Services:   (a) the Family Employment Program described in Section 35A-3-302; or     (b) General Assistance described in Section 35A-3-401.      Amended by Chapter 339, 2020 General Session