reglab/statecodes huggingface dataset:
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 68 - State Fair Park Authority Act › Part 3 - Authority Governance › Section 302 - Executive director.

Effective 5/3/2023
11-68-302.
Executive director.
(1)
(a) The board shall:
(i) hire an executive director for the authority as provided in this Subsection (1)(a);
(ii) conduct a national search to find applicants for the position of executive director; and
(iii) establish the salary, benefits, and other compensation of the executive director.
(b) The board may appoint an interim director while searching for a permanent executive director.
(c) The executive director serves at the pleasure of the board and may be terminated by the board at will.
(d) The executive director is an employee of the authority.
(e) The executive director may not be a member of the board.
(2) The executive director shall:
(a) act as the executive officer of the board and the authority;
(b) administer, manage, and direct the affairs and activities of the authority in accordance with the policies and under the control and direction of the board;
(c) keep the board, the governor, the Legislature, and its agencies, and other affected officers, associations, and groups informed about the operations of the authority;
(d) recommend to the board any necessary or desirable changes in the statutes governing the authority;
(e) recommend to the board an annual administrative budget covering the operations of the authority and, upon approval, submit the budget to the governor and the Legislature for their examination and approval;
(f) after approval, direct and control the subsequent expenditures of the budget;
(g) employ, within the limitations of the budget, staff personnel and consultants to accomplish the purpose of the authority, and establish the qualifications, duties, and compensation of the staff personnel and consultants;
(h) keep in convenient form all records and accounts of the authority, including those necessary for the administration of the fair park land;
(i) approve all accounts for:
(i) salaries;
(ii) allowable expenses of the authority and its employees and consultants; and
(iii) expenses incidental to the operation of the authority; and
(j) perform other duties as directed by the board.
Renumbered and Amended by Chapter 502, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 68 - State Fair Park Authority Act › Part 4 - Authority Revenues › Section 401 - Distribution of sales tax revenue to authority.

Effective 5/3/2023
11-68-401.
Distribution of sales tax revenue to authority.
(1) As used in this section:
(a) "Applicable sales tax revenue" means all revenue collected under Title 59, Chapter 12, Sales and Use Tax Act, on transactions that occur within a qualified hotel, except:
(i) revenue distributed under Subsection 59-12-205(2)(a)(ii)(A); and
(ii) revenue collected under Title 59, Chapter 12, Part 3A, Municipality Transient Room Tax.
(b) "Commission" means the State Tax Commission.
(c) "Qualified hotel" means a hotel for which the authority provides notice to the commission under Subsection (2).
(2) Upon the division's issuance of a certificate of occupancy for a hotel located on fair park land, the authority shall provide written notification to the commission of the existence, location, and imminent operation of the hotel.
(3) Notwithstanding any provision of Title 59, Chapter 12, Sales and Use Tax Act, the commission shall distribute to the authority all applicable sales tax revenue, beginning the next quarter that begins more than 60 days after the notification under Subsection (2).
Enacted by Chapter 502, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 68 - State Fair Park Authority Act › Part 4 - Authority Revenues › Section 402 - Privilege tax -- Personal property tax revenue -- Deposit into Utah State Fair Fund.

Effective 5/3/2023
11-68-402.
Privilege tax -- Personal property tax revenue -- Deposit into Utah State Fair Fund.
(1) The possession or beneficial use of property on fair park land is subject to Title 59, Chapter 4, Privilege Tax.
(2)
(a) As provided in Subsection (2)(b), the authority shall be paid:
(i) all revenue from a privilege tax under Subsection (1); and
(ii) all revenue from a property tax on personal property located on property that is subject to a privilege tax under Subsection (1).
(b) The treasurer of the county in which the fair park land is located shall, in the manner and at the time provided in Section 59-2-1365, pay and distribute to the authority the revenue described in Subsection (2)(a).
(c) The authority shall deposit all revenue collected under this Subsection (2) into the Utah State Fair Fund created in Section 11-68-403.
Renumbered and Amended by Chapter 502, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 68 - State Fair Park Authority Act › Part 4 - Authority Revenues › Section 403 - Enterprise fund -- Creation -- Revenue -- Uses.

Effective 5/3/2023
11-68-403.
Enterprise fund -- Creation -- Revenue -- Uses.
(1)
(a) There is created an enterprise fund entitled the Utah State Fair Fund.
(b) The executive director shall administer the fund under the direction of the board.
(2) The fund consists of money generated from the following revenue sources:
(a) lease payments from person or entities leasing any part of the fair park land or any other facilities owned by the authority;
(b) revenue received from any expositions or other events wholly or partially sponsored by the authority;
(c) aid or contributions of money, property, labor, or other things of value from any source, including any grants or appropriations from any department, agency, or instrumentality of the United States or the state;
(d) appropriations made to the fund by the Legislature;
(e) revenue received under a privilege tax or a tax on personal property; and
(f) any other income obtained by the authority.
(3)
(a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4) The executive director may use fund money to operate, maintain, and support the Utah State Fair, the fair park land, and other expositions sponsored by the authority.
Renumbered and Amended by Chapter 502, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 68 - State Fair Park Authority Act › Part 5 - Authority Bonds › Section 502 - Sources from which bonds may be made payable -- Authority powers regarding bonds.

Effective 5/3/2023
11-68-502.
Sources from which bonds may be made payable -- Authority powers regarding bonds.
(1) The principal and interest on bonds issued by the authority may be made payable from:
(a) the income and revenues of the development projects financed with the proceeds of the bonds;
(b) the income and revenues of certain designated development projects whether or not they were financed in whole or in part with the proceeds of the bonds;
(c) the income, revenues, proceeds, and funds the authority derives from or holds in connection with the authority undertaking and carrying out development;
(d) privilege tax and property tax revenue under Section 11-68-402;
(e) revenue from a special event tax under Title 59, Chapter 12, Part 23, Fair Park Special Event Tax;
(f) authority revenues generally;
(g) a contribution, loan, grant, or other financial assistance from the federal government or a public entity in aid of the development; or
(h) funds derived from any combination of the sources listed in Subsections (1)(a) through (g).
(2)
(a) In connection with the issuance of authority bonds, the authority may:
(i) pledge all or any part of the authority's gross or net rents, fees, or revenues to which the authority's right then exists or may thereafter come into existence; and
(ii) make the covenants and take the action that may be necessary, convenient, or desirable to secure the authority's bonds, or, except as otherwise provided in this chapter, that will tend to make the bonds more marketable, even though such covenants or actions are not specifically enumerated in this chapter.
(b) The authority may not use all or any portion of the fair park land as collateral for any bonds or encumber the fair park land by mortgage, deed of trust, or otherwise as collateral for any bonds.
Enacted by Chapter 502, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 68 - State Fair Park Authority Act › Part 5 - Authority Bonds › Section 503 - Authority to purchase agency bonds.

Effective 5/3/2023
11-68-503.
Authority to purchase agency bonds.
(1) Any person, firm, corporation, association, political subdivision of the state, or other entity or public or private officer may purchase bonds issued by an authority under this part with funds owned or controlled by the purchaser.
(2) Nothing in this section may be construed to relieve a purchaser of authority bonds of any duty to exercise reasonable care in selecting securities.
Enacted by Chapter 502, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 68 - State Fair Park Authority Act › Part 5 - Authority Bonds › Section 504 - Those executing bonds not personally liable -- Limitation of obligations under bonds -- Negotiability.

Effective 5/3/2023
11-68-504.
Those executing bonds not personally liable -- Limitation of obligations under bonds -- Negotiability.
(1) A member of the board or other person executing an authority bond is not liable personally on the bond.
(2)
(a) A bond issued by the authority is not an obligation or liability of the state or any of the state's political subdivisions, except the authority, and does not constitute a charge against the general credit or taxing powers of the state or other political subdivisions of the state.
(b) A bond issued by the authority is not payable out of any funds other than those of the authority.
(c) The state and any political subdivision of the state, other than the authority, may not be liable on a bond issued by the authority.
(d) A bond issued by the authority does not constitute indebtedness within the meaning of any constitutional or statutory debt limitation.
(3) A bond issued by the authority under this part is fully negotiable.
Enacted by Chapter 502, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 68 - State Fair Park Authority Act › Part 5 - Authority Bonds › Section 505 - Obligee rights -- Board may confer other rights.

Effective 5/3/2023
11-68-505.
Obligee rights -- Board may confer other rights.
(1) In addition to all other rights that are conferred on an obligee of a bond issued by the authority under this part and subject to contractual restrictions binding on the obligee, an obligee may:
(a) by mandamus, suit, action, or other proceeding, compel the authority and the authority's board, officers, agents, or employees to perform every term, provision, and covenant contained in any contract of the authority with or for the benefit of the obligee, and require the authority to carry out the covenants and agreements of the authority and to fulfill all duties imposed on the authority by this part; and
(b) by suit, action, or proceeding in equity, enjoin any acts or things that may be unlawful or violate the rights of the obligee.
(2) In a board resolution authorizing the issuance of bonds or in a trust indenture, lease, or other contract, the board may confer upon an obligee holding or representing a specified amount in bonds, certain rights to receive the income, revenues, proceeds, funds, fees, rents, grants, or taxes.
Enacted by Chapter 502, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 68 - State Fair Park Authority Act › Part 5 - Authority Bonds › Section 506 - Bonds exempt from taxes -- Authority may purchase its own bonds.

Effective 5/3/2023
11-68-506.
Bonds exempt from taxes -- Authority may purchase its own bonds.
(1) A bond issued by the authority under this part is issued for an essential public and governmental purpose and is, together with interest on the bond and income from the bond, exempt from all state taxes except the corporate franchise tax.
(2) The authority may purchase the authority's own bonds at a price that the board determines.
(3) Nothing in this section may be construed to limit the right of an obligee to pursue a remedy for the enforcement of a pledge or lien given under this part by the authority on the authority's income, revenues, proceeds, funds, fees, rents, grants, or taxes.
Enacted by Chapter 502, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 68 - State Fair Park Authority Act › Part 6 - Authority Reporting › Section 601 - Financial reports -- Audit -- Surety bonds.

Effective 5/3/2023
11-68-601.
Financial reports -- Audit -- Surety bonds.
(1)
(a) The authority shall, following the close of each fiscal year, submit an annual report of the authority's activities for the preceding year to the governor and the Legislature.
(b) The report shall contain:
(i) a complete operating report detailing the authority's activities; and
(ii) financial statements of the authority audited by a certified public accountant according to generally accepted auditing standards.
(2)
(a) At least once a year, the state auditor shall:
(i) audit the books and accounts of the authority; or
(ii) contract with a nationally recognized independent certified public accountant to conduct the audit and review the audit report when the audit is completed.
(b) The authority shall reimburse the state auditor for the costs of the audit.
(c) If the audit is conducted by an independent auditor, the independent auditor shall submit a copy of the audit to the state auditor for review within 90 days after the end of the fiscal year covered by the audit.
(3)
(a) The authority shall maintain a surety bond in the penal sum of $25,000 for each member of the board.
(b) The authority shall maintain a surety bond in the penal sum of $50,000 for the executive director.
(c) The authority shall ensure that each surety bond is:
(i) conditioned upon the faithful performance of the duties of office to which the surety bond attaches;
(ii) issued by a surety company authorized to transact business in the state as a surety; and
(iii) filed in the office of the State Treasurer.
(d) The authority shall pay the cost of the surety bonds.
Renumbered and Amended by Chapter 502, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 69 - Cosmetology Practices Regulation › Section 101 - Business license exemption for certain uncompensated cosmetology practices.

Effective 5/3/2023
11-69-101.
Business license exemption for certain uncompensated cosmetology practices.
(1) As used in this section, "local government entity" means a county or municipality.
(2) A local government entity may not:
(a) require a person to obtain a business license or permit from the local government entity to engage in a practice described in Subsection 58-11a-304(5); or
(b) prevent or limit a person's ability to engage in a practice described in Subsection 58-11a-304(5) by requiring the person to engage in the practice at a specific location or at a particular type of facility or location.
Enacted by Chapter 90, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 187, Chapter 502.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 1 - Legislative findings and declarations.

13-1-1.
Legislative findings and declarations.
The Legislature finds that many businesses and occupations in the state have a pronounced physical and economic impact on the health, safety, and welfare of the citizens of the state. The Legislature further finds that while the overall impact is generally beneficial to the public, the potential for harm and injury frequently warrants intervention by state government.
The Legislature declares that it is appropriate and necessary for state government to protect its citizens from harmful and injurious acts by persons offering or providing essential or necessary goods and services to the general public. The Legislature further declares that business regulation should not be unfairly discriminatory. However, the general public interest shall be recognized and regarded as the primary purpose of all regulation by state government.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 3 - Executive director.

Effective 5/12/2020
13-1-3.
Executive director.
(1) The department shall be under the supervision, direction, and control of the executive director of commerce. The executive director shall be appointed by the governor with the advice and consent of the Senate. The executive director shall hold office at the pleasure of the governor. The governor shall establish the executive director's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall employ personnel necessary to carry out the duties and responsibilities of the department.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 4 - Centralization of duties.

13-1-4.
Centralization of duties.
The department shall centralize the duties and responsibilities of its divisions and agencies in order to:
(1) reduce and avoid duplication;
(2) provide efficient planning and management services; and
(3) maximize utilization of resources.
Enacted by Chapter 322, 1983 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 5 - Executive director's authority over division directors.

13-1-5.
Executive director's authority over division directors.
The executive director has policymaking and management jurisdiction over directors of the divisions and agencies within the department. He shall appoint the division directors, subject to approval by the governor, unless otherwise provided by law and shall determine their compensation.
Enacted by Chapter 322, 1983 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 6 - Rules and regulations.

13-1-6.
Rules and regulations.
(1) The executive director shall prescribe rules and procedures for the management and operation of the department, the conduct of its employees, and the custody, use, and preservation of its records, papers, books, documents, and property.
(2) The department and its divisions, in contemplation, formulation, and passage of rules pursuant to Subsection (1), shall acknowledge and consider the facilitation of commerce in all its forms, including reliable electronic commerce, for the benefit of both consumers and businesses.
Amended by Chapter 86, 2000 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 7 - Budgets.

13-1-7.
Budgets.
The department shall prepare and submit to the governor a proposed budget for each division or agency within the department to be included in the budget submitted by the governor to the Legislature for the fiscal year following the convening of the Legislature in an annual general session.
Amended by Chapter 21, 1985 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 8 - Annual report.

13-1-8.
Annual report.
The department shall prepare and submit to the governor and the Legislature by October 1 of each year an annual report of the operation, activities and goals of the department, its divisions, and agencies for the preceding fiscal year.
Enacted by Chapter 322, 1983 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 8.5 - Procedures -- Adjudicative proceedings.

13-1-8.5.
Procedures -- Adjudicative proceedings.
(1) The Department of Commerce and its divisions shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
(2) The department may contract with other state agencies or departments to conduct hearings in its name or in the name of its divisions or agencies.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 11 - Employment of administrative law judges.

13-1-11.
Employment of administrative law judges.
The department may employ administrative law judges to conduct hearings for the department, its divisions, and agencies, and to advise the executive director, division directors, and agency boards on hearing and rulemaking procedures.
Enacted by Chapter 322, 1983 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 15 - Exemptions from licensure.

Effective 5/8/2018
13-1-15.
Exemptions from licensure.
Except as otherwise provided by statute or rule, the following individuals may engage in the practice of an occupation or profession regulated by this title, subject to the stated circumstances and limitations, without being licensed under this title:
(1) an individual licensed under the laws of this state, other than under this title, to practice or engage in an occupation or profession, while engaged in the lawful, professional, and competent practice of that occupation or profession;
(2) an individual serving in the armed forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or any other federal agency while engaged in activities regulated under this title as a part of employment with that federal agency if the individual holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and
(3) the spouse of an individual serving in the armed forces of the United States while the individual is stationed within this state, if:
(a) the spouse holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and
(b) the license is current and the spouse is in good standing in the state or jurisdiction of licensure.
Enacted by Chapter 462, 2018 General Session
Technically renumbered to avoid duplication of section number previously repealed.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 16 - Latino Community Support Restricted Account.

Affected by 63I-2-213 on 7/1/2024
Effective 10/15/2020
13-1-16.
Latino Community Support Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Latino Community Support Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section 41-1a-422;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3)
(a) The state treasurer shall invest money in the account according to Title 51, Chapter 7, State Money Management Act.
(b) The Division of Finance shall deposit interest or other earnings derived from investment of account money into the General Fund.
(4) Subject to appropriation, the department shall distribute the money in the account to one or more charitable organizations that:
(a) are tax exempt under Section 501(c)(3), Internal Revenue Code; and
(b) have as a primary part of the organization's mission to strengthen the state's Latino community by:
(i) creating strong leaders through education and mentoring;
(ii) providing scholarships and educational financial support; and
(iii) recognizing academic and vocational achievement, and school and community leadership.
(5) The department may also expend funds in the account to pay the costs of issuing or reordering Latino Community support special group license plate decals.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing procedures for an organization to apply to receive money under this section.
Enacted by Chapter 405, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1 - Department of Commerce › Section 17 - Commerce Electronic Payment Fee Restricted Account.

Effective 5/3/2023
13-1-17.
Commerce Electronic Payment Fee Restricted Account.
(1) As used in this section:
(a) "Account" means the Commerce Electronic Payment Fee Restricted Account created in this section.
(b) "Costs of electronic payments" means the same as that term is defined in Section 13-1-2.
(c) "Department" means the Department of Commerce.
(d) "Electronic payment" means the same as that term is defined in Section 13-1-2.
(e) "Electronic payment fee" means the same as that term is defined in Section 13-1-2.
(2) There is created in the General Fund a restricted account known as the "Commerce Electronic Payment Fee Restricted Account."
(3) The account consists of money that the department collects as an electronic payment fee in accordance with Section 13-1-2.
(4) Upon appropriation, the department may use money in the account to cover the costs of electronic payments.
(5)
(a) The account balance may not exceed $1,000,000 at the end of each fiscal year.
(b) At the end of each fiscal year, the Division of Finance shall transfer into the General Fund any funds in the account that exceed an account balance of $1,000,000.
Enacted by Chapter 26, 2023 General Session
Amended by Chapter 534, 2023 General Session, (Coordination Clause)
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1a - Division of Corporations and Commercial Code › Section 1 - Creation of division -- Responsibilities.

13-1a-1.
Creation of division -- Responsibilities.
There is established within the Department of Commerce the Division of Corporations and Commercial Code which is responsible for corporation and commercial code filings in this state.
Amended by Chapter 225, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1a - Division of Corporations and Commercial Code › Section 2 - Director to supervise division -- Appointment.

13-1a-2.
Director to supervise division -- Appointment.
The division shall be under the supervision, direction, and control of a director. The director shall be appointed by the executive director of the Department of Commerce with the approval of the governor. The director shall hold office at the pleasure of the governor.
Amended by Chapter 225, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1a - Division of Corporations and Commercial Code › Section 3 - Employment and compensation of personnel -- Compensation of director.

Effective 7/1/2021
13-1a-3.
Employment and compensation of personnel -- Compensation of director.
The director, with the approval of the executive director, may employ personnel necessary to carry out the duties and responsibilities of the division at salaries established by the executive director according to standards established by the Division of Human Resource Management. The executive director shall establish the salary of the director according to standards established by the Division of Human Resource Management.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1a - Division of Corporations and Commercial Code › Section 5 - Authority of director.

Effective 5/13/2014
13-1a-5.
Authority of director.
The director has authority:
(1) to make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the responsibilities of the division;
(2) to investigate, upon complaint, the corporation and commercial code filings and compliance governed by the laws administered and enforced by the division; and
(3) under the provisions of Title 63G, Chapter 4, Administrative Procedures Act, to take administrative action against persons in violation of the division rules and the laws administered by it, including the issuance of cease and desist orders.
Amended by Chapter 189, 2014 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1a - Division of Corporations and Commercial Code › Section 6 - Powers of Division of Corporations and Commercial Code -- Document retention.

13-1a-6.
Powers of Division of Corporations and Commercial Code -- Document retention.
(1) The Division of Corporations and Commercial Code shall have the power and authority reasonably necessary to enable it to efficiently administer the laws and rules for which it is responsible and to perform the duties imposed upon it by law.
(2) The division has authority under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make rules and procedures for the processing, retention, and disposal of filed documents to efficiently utilize electronic and computerized document image storage and retrieval.
(3) Notwithstanding the provisions of Section 63A-12-105, original documents filed in the division offices may not be considered property of the state if electronic image reproductions thereof which comply with the provisions of Title 63G, Chapter 2, Government Records Access and Management Act, are retained by the division.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1a - Division of Corporations and Commercial Code › Section 7 - Hearing powers.

13-1a-7.
Hearing powers.
(1) The director, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, may hold or cause to be held administrative hearings regarding any matter affecting the division or the incorporation or registration activities of any business governed by the laws administered by the division.
(2) The director or the director's designee, for the purposes outlined in this chapter or any chapter administered by the division, may administer oaths, issue subpoenas, compel the attendance of witnesses, and compel the production of papers, books, accounts, documents, and evidence.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1a - Division of Corporations and Commercial Code › Section 8 - Violation of restraining or injunctive order -- Civil penalty.

13-1a-8.
Violation of restraining or injunctive order -- Civil penalty.
If any restraining order or injunction issued under this chapter is violated, the division may submit a motion for, or the court on its own motion may impose, a civil penalty of not more than $100 for each day a restraining order, preliminary injunction, or permanent injunction issued under this chapter is violated, if the party has received notice of the restraining order or injunction.
Enacted by Chapter 9, 1990 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1a - Division of Corporations and Commercial Code › Section 9 - Fees of Division of Corporations and Commercial Code.

13-1a-9.
Fees of Division of Corporations and Commercial Code.
In addition to the fees prescribed by Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act, the Division of Corporations and Commercial Code shall receive and determine fees pursuant to Section 63J-1-504 for filing articles of incorporation or amendments of insurance corporations, of canal or irrigation corporations organized for furnishing water to lands owned by the members thereof exclusively, or of water users' associations organized in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, and which are authorized to furnish water only to their stockholders. No license fee may be imposed on insurance corporations, canal or irrigation corporations organized for furnishing water to lands owned by the members thereof exclusively, or water users' associations organized in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, and which are authorized to furnish water only to the stockholders at the time any such corporation files its articles of incorporation, articles of amendment increasing the number of authorized shares, or articles of merger or consolidation, any provision of Title 16, Chapter 10a, Utah Revised Business Corporation Act, to the contrary notwithstanding.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1b - Office of Professional Licensure Review › Part 1 - General Provisions › Section 102 - Applicability.

Affected by 63I-1-213 on 7/1/2034
Effective 5/4/2022
13-1b-102.
Applicability.
This chapter applies to any regulation of an occupation that is administered by a state executive branch agency.
Enacted by Chapter 413, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1b - Office of Professional Licensure Review › Part 2 - Organization › Section 201 - Creation of office -- Director appointed -- Personnel.

Affected by 63I-1-213 on 7/1/2034
Effective 5/4/2022
13-1b-201.
Creation of office -- Director appointed -- Personnel.
(1) There is created within the department the Office of Professional Licensure Review to perform the functions and duties described in this chapter.
(2) The office is under the direction and control of a director appointed by the executive director with approval of the governor.
(3) The executive director shall establish the salary of the director in accordance with standards established by the Division of Human Resource Management.
Enacted by Chapter 413, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1b - Office of Professional Licensure Review › Part 2 - Organization › Section 202 - Powers of the director and the office.

Affected by 63I-1-213 on 7/1/2034
Effective 5/4/2022
13-1b-202.
Powers of the director and the office.
(1) The director may employ personnel necessary to carry out the duties and responsibilities of the office at salaries determined by the executive director in accordance with standards established by the Division of Human Resource Management.
(2) The office may:
(a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the responsibilities of the office described in this chapter, including rules creating criteria for conducting a sunrise review or a periodic review;
(b) make recommendations to other state executive branch agencies regarding regulated occupations; and
(c) survey stakeholders regarding appropriate criteria for conducting a sunrise review or a periodic review.
(3) A state executive branch agency may adopt or reject a recommendation described in Subsection (2)(b).
Enacted by Chapter 413, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1b - Office of Professional Licensure Review › Part 2 - Organization › Section 203 - Duties.

Affected by 63I-1-213 on 7/1/2034
Effective 5/4/2022
13-1b-203.
Duties.
The office shall:
(1) for each application submitted in accordance with Section 13-1b-301, conduct a sunrise review in accordance with Section 13-1b-302 before November 1:
(a) of the year in which the application is submitted, if the application is submitted on or before July 1; or
(b) of the subsequent year, if the application is submitted after July 1;
(2) beginning in 2023 and in accordance with Section 13-1b-303, conduct a review of each regulated occupation at least once every 10 years;
(3) review and respond to any legislator inquiry regarding a proposed or existing regulated occupation; and
(4) report to the Business and Labor Interim Committee in accordance with Section 13-1b-304.
Enacted by Chapter 413, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1b - Office of Professional Licensure Review › Part 3 - Office Review and Reporting › Section 301 - Application for sunrise review -- Fees.

Affected by 63I-1-213 on 7/1/2034
Effective 5/4/2022
13-1b-301.
Application for sunrise review -- Fees.
(1) If a government requestor or a representative of an occupation that is not a regulated occupation proposes that the state make the occupation a regulated occupation, the government requestor or representative shall, before the introduction of any proposed legislation, submit to the office an application for sunrise review in a form the office prescribes.
(2) The application described in Subsection (1) shall describe:
(a) why making the occupation a regulated occupation is necessary to protect against present, recognizable, and significant harm to the health, safety, or financial welfare of the public; and
(b) the least restrictive regulation of the occupation that would protect against present, recognizable, and significant harm to the health, safety, or financial welfare of the public.
(3) If a representative of an occupation submits an application in accordance with this section, the application shall include a nonrefundable fee of $500.
(4) All application fees collected under this section shall be deposited into the General Fund.
Enacted by Chapter 413, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1b - Office of Professional Licensure Review › Part 3 - Office Review and Reporting › Section 302 - Review criteria.

Affected by 63I-1-213 on 7/1/2034
Effective 5/4/2022
13-1b-302.
Review criteria.
In conducting a sunrise review or a periodic review, unless otherwise directed in accordance with Subsection 13-1b-203(3), the office shall consider the following criteria:
(1) whether the regulation of the occupation is necessary to address a present, recognizable, and significant harm to the health, safety, or financial welfare of the public;
(2) for any harm to the health, safety, or financial welfare of the public, the harm's:
(a) severity;
(b) probability; and
(c) permanence;
(3) the extent to which the proposed or existing regulation of the occupation protects against or diminishes the harm described in Subsection (1);
(4) whether the proposed or existing regulation of the occupation:
(a) affects the supply of qualified practitioners;
(b) creates barriers to:
(i) service that are not in the public financial welfare or interest; or
(ii) entry into the occupation or related occupations;
(c) imposes new costs on existing practitioners;
(d) affects:
(i) license reciprocity with other jurisdictions; or
(ii) mobility of practitioners; or
(e) if the occupation involves a health care provider, impacts the health care provider's ability to obtain payment of benefits for the health care provider's treatment of an illness, injury, or health care condition under an insurance contract subject to Section 31A-22-618;
(5) if the review involves licensing, the potential alternative pathways for a person to obtain a license;
(6) the costs to the state of regulating the occupation;
(7) whether the proposed or existing administering agency has sufficient expertise and resources;
(8) the regulation of the occupation in other jurisdictions;
(9) the scope of the proposed or existing regulation, including:
(a) whether the occupation is clearly distinguishable from an already regulated occupation; and
(b) potential for regulating only certain occupational activities;
(10) the potentially less burdensome alternatives to the proposed or existing regulation and the effect of implementing an alternative method of regulation on:
(a) the health, safety, or financial welfare of the public;
(b) the occupation; and
(c) practitioners of the occupation; and
(11) any other criteria the office adopts, including criteria suggested in a stakeholder survey.
Enacted by Chapter 413, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1b - Office of Professional Licensure Review › Part 3 - Office Review and Reporting › Section 303 - Legislative prioritization of reviews.

Affected by 63I-1-213 on 7/1/2034
Effective 5/4/2022
13-1b-303.
Legislative prioritization of reviews.
(1) Before October 1 of each year, the office shall prepare and submit to the Business and Labor Interim Committee a list of each periodic review that the office proposes to conduct during the upcoming year, including the scope of each periodic review.
(2) Before December 1 of the calendar year in which the office submits a list under Subsection (1), the Business and Labor Interim Committee shall:
(a) approve the list, with or without modification; and
(b) submit a copy of the approved list to the Legislative Management Committee for approval, with or without modification.
Enacted by Chapter 413, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 1b - Office of Professional Licensure Review › Part 3 - Office Review and Reporting › Section 304 - Reporting.

Affected by 63I-1-213 on 7/1/2034
Effective 5/4/2022
13-1b-304.
Reporting.
(1) Beginning in 2024, before October 1, the office shall annually prepare and submit a written report to the Business and Labor Interim Committee that describes the office's work during the prior year.
(2) In a written report described in Subsection (1), the office shall include:
(a) a summary of each periodic review, each sunrise review, and each response to a legislator inquiry; and
(b) each recommendation the office made to another state executive branch agency regarding a regulated occupation.
Enacted by Chapter 413, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 2 - Division of Consumer Protection › Section 1 - Consumer protection division established -- Functions.

Effective 12/31/2023
Superseded 5/2/2024
13-2-1.
Consumer protection division established -- Functions.
(1) There is established within the Department of Commerce the Division of Consumer Protection.
(2) The division shall administer and enforce the following:
(a)Chapter 10a, Music Licensing Practices Act;
(b)Chapter 11, Utah Consumer Sales Practices Act;
(c)Chapter 15, Business Opportunity Disclosure Act;
(d)Chapter 20, New Motor Vehicle Warranties Act;
(e)Chapter 21, Credit Services Organizations Act;
(f)Chapter 22, Charitable Solicitations Act;
(g)Chapter 23, Health Spa Services Protection Act;
(h)Chapter 25a, Telephone and Facsimile Solicitation Act;
(i)Chapter 26, Telephone Fraud Prevention Act;
(j)Chapter 28, Prize Notices Regulation Act;
(k)Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
(l)Chapter 34, Utah Postsecondary School and State Authorization Act;
(m)Chapter 41, Price Controls During Emergencies Act;
(n)Chapter 42, Uniform Debt-Management Services Act;
(o)Chapter 49, Immigration Consultants Registration Act;
(p)Chapter 51, Transportation Network Company Registration Act;
(q)Chapter 52, Residential Solar Energy Disclosure Act;
(r)Chapter 53, Residential, Vocational and Life Skills Program Act;
(s)Chapter 54, Ticket Website Sales Act;
(t)Chapter 56, Ticket Transferability Act;
(u)Chapter 57, Maintenance Funding Practices Act;
(v)Chapter 61, Utah Consumer Privacy Act;
(w)Chapter 63, Utah Social Media Regulation Act;
(x)Chapter 64, Vehicle Value Protection Agreement Act;
(y)Chapter 65, Utah Commercial Email Act; and
(z)Chapter 67, Online Dating Safety Act.
Amended by Chapter 31, 2023 General Session
Amended by Chapter 36, 2023 General Session
Amended by Chapter 377, 2023 General Session
Amended by Chapter 458, 2023 General Session
Amended by Chapter 477, 2023 General Session
Amended by Chapter 498, 2023 General Session
Amended by Chapter 509, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 2 - Division of Consumer Protection › Section 1 - Consumer protection division established -- Functions.

Effective 5/2/2024
13-2-1.
Consumer protection division established -- Functions.
(1) There is established within the Department of Commerce the Division of Consumer Protection.
(2) The division shall administer and enforce the following:
(a)Chapter 10a, Music Licensing Practices Act;
(b)Chapter 11, Utah Consumer Sales Practices Act;
(c)Chapter 15, Business Opportunity Disclosure Act;
(d)Chapter 20, New Motor Vehicle Warranties Act;
(e)Chapter 21, Credit Services Organizations Act;
(f)Chapter 22, Charitable Solicitations Act;
(g)Chapter 23, Health Spa Services Protection Act;
(h)Chapter 25a, Telephone and Facsimile Solicitation Act;
(i)Chapter 26, Telephone Fraud Prevention Act;
(j)Chapter 28, Prize Notices Regulation Act;
(k)Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
(l)Chapter 34, Utah Postsecondary School and State Authorization Act;
(m)Chapter 41, Price Controls During Emergencies Act;
(n)Chapter 42, Uniform Debt-Management Services Act;
(o)Chapter 49, Immigration Consultants Registration Act;
(p)Chapter 51, Transportation Network Company Registration Act;
(q)Chapter 52, Residential Solar Energy Disclosure Act;
(r)Chapter 53, Residential, Vocational and Life Skills Program Act;
(s)Chapter 54, Ticket Website Sales Act;
(t)Chapter 56, Ticket Transferability Act;
(u)Chapter 57, Maintenance Funding Practices Act;
(v)Chapter 61, Utah Consumer Privacy Act;
(w)Chapter 63, Utah Social Media Regulation Act;
(x)Chapter 64, Vehicle Value Protection Agreement Act;
(y)Chapter 65, Utah Commercial Email Act;
(z)Chapter 67, Online Dating Safety Act; and
(aa)Chapter 68, Lawyer Referral Consultants Registration Act.
Amended by Chapter 31, 2023 General Session
Amended by Chapter 36, 2023 General Session
Amended by Chapter 377, 2023 General Session
Amended by Chapter 458, 2023 General Session
Amended by Chapter 477, 2023 General Session
Amended by Chapter 498, 2023 General Session
Amended by Chapter 509, 2023 General Session
Amended by Chapter 536, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 2 - Division of Consumer Protection › Section 2 - Director of division -- Appointment.

13-2-2.
Director of division -- Appointment.
The division shall be under the supervision, direction, and control of a director. The director shall be appointed by the executive director of commerce with the approval of the governor. The director shall hold office at the pleasure of the governor.
Amended by Chapter 93, 1990 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 2 - Division of Consumer Protection › Section 3 - Employment of personnel -- Compensation of director.

Effective 7/1/2021
13-2-3.
Employment of personnel -- Compensation of director.
(1) The director, with the approval of the executive director, may employ personnel necessary to carry out the duties and responsibilities of the division at salaries established by the executive director according to standards established by the Division of Human Resource Management.
(2) The executive director shall establish the salary of the director according to standards established by the Division of Human Resource Management.
(3) The director may employ specialists, technical experts, or investigators to participate or assist in investigations if they reasonably require expertise beyond that normally required for division personnel.
(4) An investigator employed pursuant to Subsection (3) may be designated a special function officer, as defined in Section 53-13-105, by the director, but is not eligible for retirement benefits under the Public Safety Employee's Retirement System.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 2 - Division of Consumer Protection › Section 4 - Annual report -- Budget.

13-2-4.
Annual report -- Budget.
(1) On or before the 1st day of October each year, the director in connection with the executive director shall report to the governor and the Legislature for the preceding fiscal year on the operations, activities, and goals of the division.
(2) The director shall prepare and submit to the executive director a budget of the administrative expenses for the division.
Enacted by Chapter 57, 1983 General Session