reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 50 - Residential Construction Contracts Act › Part 3 - Insured Homeowners Protection Act › Section 303 - Violation notice.

Effective 5/12/2020
13-50-303.
Violation notice.
(1) Any written contract, repair estimate, or work order that a residential contractor prepares to provide a good or service paid for from the proceeds of a property and casualty insurance policy shall include a notice of the prohibition described in Section 13-50-302 in substantially the following form and in capitalized 14-point type:
"IT IS A VIOLATION OF UTAH LAW FOR A RESIDENTIAL CONTRACTOR TO REBATE ANY PORTION OF AN INSURANCE DEDUCTIBLE AS AN INDUCEMENT TO THE INSURED TO ACCEPT A RESIDENTIAL CONTRACTOR'S PROPOSAL TO REPAIR DAMAGED PROPERTY. REBATE OF A DEDUCTIBLE INCLUDES GRANTING ANY ALLOWANCE OR OFFERING ANY DISCOUNT AGAINST THE FEES TO BE CHARGED FOR WORK TO BE PERFORMED OR PAYING THE INSURED POLICYHOLDER THE DEDUCTIBLE AMOUNT SET FORTH IN THE INSURANCE POLICY.
THE INSURED POLICY HOLDER IS PERSONALLY RESPONSIBLE FOR PAYMENT OF THE DEDUCTIBLE.".
(2) Under any agreement in which a residential contractor provides a good or service paid for from the proceeds of a property and casualty insurance policy, no payment may be made to the residential contractor until:
(a) the named insured signs the notice described in Subsection (1); and
(b) the residential contractor delivers the notice signed in accordance with Subsection (2)(a) to the named insured's insurance company.
Enacted by Chapter 88, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 50 - Residential Construction Contracts Act › Part 3 - Insured Homeowners Protection Act › Section 304 - Violation of part.

Effective 5/12/2020
13-50-304.
Violation of part.
A post-loss assignment of rights or benefits entered into with a residential contractor is void if the residential contractor violates a provision of this part.
Enacted by Chapter 88, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 51 - Transportation Network Company Registration Act › Part 1 - Registration › Section 102 - Definitions.

Effective 5/14/2019
13-51-102.
Definitions.
(1) "Division" means the Division of Consumer Protection within the Department of Commerce.
(2) "Prearranged ride" means a period of time that:
(a) begins when the transportation network driver has accepted a passenger's request for a ride through the transportation network company's software application; and
(b) ends when the passenger exits the transportation network driver's vehicle.
(3) "Software application" means an Internet-connected software platform, including a mobile application, that a transportation network company uses to:
(a) connect a transportation network driver to a passenger; and
(b) process passenger requests.
(4) "Transportation network company" means an entity that:
(a) uses a software application to connect a passenger to a transportation network driver providing transportation network services;
(b) is not:
(i) a taxicab, as defined in Section 53-3-102; or
(ii) a motor carrier, as defined in Section 72-9-102; and
(c) except in certain cases involving a motor vehicle with a level four or five automated driving system, as defined in Section 41-26-102.1, does not own, control, operate, or manage the vehicle used to provide the transportation network services.
(5) "Transportation network driver" means:
(a) an individual who:
(i) pays a fee to a transportation network company, and, in exchange, receives a connection to a potential passenger from the transportation network company;
(ii) operates a motor vehicle that:
(A) the individual owns, leases, or is authorized to use; and
(B) the individual uses to provide transportation network services; and
(iii) receives, in exchange for providing a passenger a ride, compensation that exceeds the individual's cost to provide the ride; or
(b) a level four or five automated driving system, as defined in Section 41-26-102.1, when the automated driving system is operating the vehicle and used to provide a passenger a ride in exchange for compensation.
(6) "Transportation network services" means, for a transportation network driver providing services through a transportation network company:
(a) providing a prearranged ride; or
(b) being engaged in a waiting period.
(7) "Waiting period" means a period of time when:
(a) a transportation network driver is logged into a transportation network company's software application; and
(b) the transportation network driver is not engaged in a prearranged ride.
Amended by Chapter 459, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 51 - Transportation Network Company Registration Act › Part 1 - Registration › Section 103 - Exemptions -- Transportation network company and transportation network driver.

Effective 5/14/2019
13-51-103.
Exemptions -- Transportation network company and transportation network driver.
(1) A transportation network company or a transportation network driver is not subject to the requirements applicable to:
(a) a motor carrier, under Title 72, Chapter 9, Motor Carrier Safety Act;
(b) a common carrier, under Title 59, Chapter 12, Sales and Use Tax Act; or
(c) a taxicab, under Title 53, Chapter 3, Uniform Driver License Act.
(2) A transportation network driver is:
(a)
(i) an independent contractor of a transportation network company; and
(ii) not an employee of a transportation network company; or
(b) for a motor vehicle with a level four or five automated driving system as defined in Section 41-26-102.1, in driverless operation, an automated driving system if dispatched:
(i) at the direction of, on behalf of, or as an agent of a transportation network company; or
(ii) at the direction of, on behalf of, or as an agent of a third party pursuant to an agreement between the third party and a transportation network company, operated on behalf of and as an agent of the transportation network company.
Amended by Chapter 459, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 51 - Transportation Network Company Registration Act › Part 1 - Registration › Section 104 - Licensure -- Division audits -- Fines.

Effective 5/12/2015
13-51-104.
Licensure -- Division audits -- Fines.
(1) A person may not operate a transportation network company without registering with the division under Subsection (2).
(2) The division shall register a person to operate a transportation network company if:
(a) the person:
(i) demonstrates to the division that the person meets the definition of a transportation network company under Section 13-51-102; and
(ii) pays a registration fee in an amount determined by the division in accordance with Section 63J-1-504; and
(b) the division determines that the person complies with the operating requirements for a transportation network company described in this chapter.
(3) A transportation network company's registration under Subsection (2) is:
(a) valid until one year after the day on which the transportation network company registers with the division; and
(b) renewable if the transportation network company meets the requirements of Subsection (2).
(4) The division may audit the records of a transportation network company, including a random sample of the transportation network company's records related to transportation network drivers:
(a) no more than twice per year;
(b) at a location agreed to by the division and the transportation network company; and
(c) notwithstanding Subsection (4)(a), at any time to investigate a complaint.
(5) The division may fine a transportation network company up to $500 for each violation of this chapter.
Enacted by Chapter 461, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 51 - Transportation Network Company Registration Act › Part 1 - Registration › Section 106 - Transportation network driver drug or alcohol use policy.

Effective 5/12/2015
13-51-106.
Transportation network driver drug or alcohol use policy.
(1) A transportation network company shall implement a policy that:
(a) provides that a transportation network driver may not use a drug or alcohol or be under the influence of a drug or alcohol while providing transportation network services;
(b) is posted on the transportation network company's website or software application; and
(c) provides procedures for a passenger to report to the transportation network company a transportation network driver who the passenger suspects violated the policy.
(2) If a transportation network company receives a complaint about a transportation network driver under Subsection (1)(c), the transportation network company shall:
(a) suspend the transportation network company driver; and
(b) conduct an investigation into the transportation network company driver and the conduct alleged in the complaint.
(3) A transportation network company shall maintain records related to a complaint or investigation under this section for a minimum of two years after the day on which the transportation network company receives the complaint.
Enacted by Chapter 461, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 51 - Transportation Network Company Registration Act › Part 1 - Registration › Section 109 - Preemption clause.

Effective 5/12/2015
13-51-109.
Preemption clause.
(1) Except as provided in Subsection (2), this chapter supersedes any regulation of a municipality, county, or local government regarding a transportation network company, a transportation network driver, or transportation network services.
(2) This chapter does not supersede a municipal, county, or local government regulation regarding a transportation network driver providing transportation network services at an airport.
Enacted by Chapter 461, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 51 - Transportation Network Company Registration Act › Part 2 - Transportation Network Vehicle Recovery Fund › Section 201 - Transportation Network Vehicle Recovery Fund -- Creation -- Report to the Legislature.

Effective 7/1/2018
13-51-201.
Transportation Network Vehicle Recovery Fund -- Creation -- Report to the Legislature.
(1) As used in this part, "fund" means the Transportation Network Vehicle Recovery Fund created in Subsection (2).
(2) There is created an expendable special revenue fund called the "Transportation Network Vehicle Recovery Fund."
(3) The fund consists of:
(a) money deposited in the fund before July 1, 2018; and
(b) interest earned on the money in the fund.
(4) The division may allocate resources necessary to administer the fund.
(5) The division shall use money from the fund to cover the division's cost to administer this part.
(6) The fund is not insurance as defined in Section 31A-1-301.
Amended by Chapter 111, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 51 - Transportation Network Company Registration Act › Part 2 - Transportation Network Vehicle Recovery Fund › Section 203 - Payment of a claim from the fund.

Effective 7/1/2018
13-51-203.
Payment of a claim from the fund.
(1) A person that holds a lien on a vehicle used by a transportation network driver to provide transportation network services may submit a claim to the division for payment from the fund for physical damage to the vehicle.
(2) The division shall pay a claim for payment from the fund to a person that holds a lien on a vehicle described in Subsection (1) for physical damage to the vehicle if:
(a) the physical damage to the vehicle occurred during a waiting period or a prearranged ride;
(b) the lien complies with Section 41-1a-601;
(c) the person required the transportation network driver, by contract, to maintain insurance coverage for physical damage to the vehicle;
(d) the insurance coverage described in Subsection (2)(c):
(i) names the person as the loss payee;
(ii) was in effect at the time the physical damage occurred; and
(iii) denied coverage to the person as the loss payee on the sole basis that the transportation network driver used the vehicle to provide transportation network services in the state; and
(e) the division determines, no earlier than 10 days after the day on which the person makes the claim, that:
(i) no other insurance is available from the relevant transportation network company; and
(ii) the fund has enough money to cover the cost of the claim.
(3) If the division grants a claim to a person for a lien on a transportation network driver's vehicle under Subsection (2), the fund shall pay the person the lesser of, as estimated by the division:
(a) the cost to repair the vehicle;
(b) the actual cash value of the vehicle less any salvage costs; or
(c) the amount of money in the fund.
(4) The division may not accept or pay a claim under this section after the balance of the fund is zero.
Amended by Chapter 111, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 51 - Transportation Network Company Registration Act › Part 2 - Transportation Network Vehicle Recovery Fund › Section 204 - State not liable.

Effective 5/10/2016
13-51-204.
State not liable.
The state, a state agency, or a political subdivision is not liable for:
(1) the granting or denial of a claim under Section 13-51-203;
(2) a claim made against the fund; or
(3) a failure of the fund to pay an amount that the division orders paid from the fund.
Enacted by Chapter 359, 2016 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 52 - Residential Solar Energy Disclosure Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/8/2018
13-52-102.
Definitions.
As used in this chapter:
(1) "Customer" means a person who, for primarily personal, family, or household purposes:
(a) purchases a residential solar energy system under a system purchase agreement;
(b) leases a residential solar energy system under a system lease agreement; or
(c) purchases electricity under a power purchase agreement.
(2) "Division" means the Division of Consumer Protection, established in Section 13-2-1.
(3) "Power purchase agreement" means an agreement:
(a) between a customer and a solar retailer;
(b) for the customer's purchase of electricity generated by a residential solar energy system owned by the solar retailer; and
(c) that provides for the customer to make payments over a term of at least five years.
(4) "Residential solar energy system":
(a) means a solar energy system that:
(i) is installed in the state;
(ii) generates electricity primarily for on-site consumption for personal, family, or household purposes;
(iii) is situated on no more than four units of residential real property; and
(iv) has an electricity delivery capacity that exceeds one kilowatt; and
(b) does not include a generator that:
(i) produces electricity; and
(ii) is intended for occasional use.
(5) "Solar agreement" means a system purchase agreement, a system lease agreement, or a power purchase agreement.
(6) "Solar energy system" means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity.
(7) "Solar retailer" means a person who:
(a) sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement;
(b) owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or
(c) sells or proposes to sell electricity to a customer under a power purchase agreement.
(8) "System lease agreement" means an agreement:
(a) under which a customer leases a residential solar energy system from a solar retailer; and
(b) that provides for the customer to make payments over a term of at least five years for the lease of the residential solar energy system.
(9) "System purchase agreement" means an agreement under which a customer purchases a residential solar energy system from a solar retailer.
Enacted by Chapter 290, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 52 - Residential Solar Energy Disclosure Act › Part 1 - General Provisions › Section 103 - Applicability of chapter.

Effective 5/8/2018
13-52-103.
Applicability of chapter.
This chapter:
(1) applies to each solar agreement entered into on or after September 3, 2018, including a solar agreement that accompanies the transfer of ownership or lease of real property; and
(2) does not apply to:
(a) the transfer of title or rental of real property on which a residential solar energy system is or is expected to be located, if the presence of the residential solar energy system is incidental to the transfer of title or rental;
(b) a lender, governmental entity, or other third party that enters into an agreement with a customer to finance a residential solar energy system but is not a party to a system purchase agreement, power purchase agreement, or lease agreement;
(c) a sale or lease of, or the purchase of electricity from, a solar energy system that is not a residential solar energy system; or
(d) the lease of a residential solar energy system or the purchase of power from a residential solar energy system under an agreement providing for payments over a term of less than five years.
Enacted by Chapter 290, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 52 - Residential Solar Energy Disclosure Act › Part 2 - Disclosure Statement › Section 201 - Disclosure statement required.

Effective 5/8/2018
13-52-201.
Disclosure statement required.
(1)
(a) Before entering a solar agreement, a solar retailer shall provide to a potential customer a separate, written disclosure statement as provided in this section and, as applicable, Sections 13-52-202, 13-52-203, 13-52-204, and 13-52-205.
(b)
(i) The requirement under Subsection (1)(a) may be satisfied by the electronic delivery of a disclosure statement to the potential customer.
(ii) An electronic document under Subsection (1)(a) satisfies the font-size standard under Subsection (2)(a) if the required disclosures are displayed in a clear and conspicuous manner.
(2) A disclosure statement under Subsection (1) shall:
(a) be in at least 12-point font;
(b) contain:
(i) the name, address, telephone number, and any email address of the potential customer;
(ii) the name, address, telephone number, and email address of the solar retailer; and
(iii)
(A) the name, address, telephone number, email address, and state contractor license number of the person who is expected to install the system that is the subject of the solar agreement; and
(B) if the solar retailer selected the person who is expected to provide operations or maintenance support to the potential customer or introduced that person to the potential customer, the name, address, telephone number, email address, and state contractor license of the operations or maintenance support person; and
(c) include applicable information and disclosures as provided in Sections 13-52-202, 13-52-203, 13-52-204, and 13-52-205.
Enacted by Chapter 290, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 52 - Residential Solar Energy Disclosure Act › Part 2 - Disclosure Statement › Section 203 - Contents of disclosure statement for system purchase agreement.

Effective 5/8/2018
13-52-203.
Contents of disclosure statement for system purchase agreement.
If a solar retailer is proposing to enter a system purchase agreement with a potential customer, the disclosure statement required in Subsection 13-52-201(1) shall include:
(1) a statement with substantially the following form and content: "You are entering an agreement to purchase an energy generation system. You will own the system installed on your property. You may be entitled to federal tax credits because of the purchase. You should consult your tax advisor.";
(2) the price quoted to the potential customer for a cash purchase of the system;
(3)
(a) the schedule of required and anticipated payments from the customer to the solar retailer and third parties over the term of the system purchase agreement, including application fees, up-front charges, down payment, scheduled payments under the system purchase agreement, payments at the end of the term of the system purchase agreement, payments for any operations or maintenance contract offered by or through the solar retailer in connection with the system purchase agreement, and payments for replacement of system components likely to require replacement before the end of the useful life of the system as a whole; and
(b) the total of all payments referred to in Subsection (3)(a);
(4) a statement indicating that the cost of insuring the system is not included within the schedule of payments under Subsection (3);
(5) a statement, if applicable, with substantially the following form and content: "You are responsible for obtaining insurance coverage for any loss or damage to the system. You should consult an insurance professional to understand how to protect against the risk of loss or damage to the system. You should also consult your home insurer about the potential impact of installing a system."; and
(6) information about whether the system may be transferred to a purchaser of the home or real property where the system is located and any conditions for a transfer.
Enacted by Chapter 290, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 52 - Residential Solar Energy Disclosure Act › Part 2 - Disclosure Statement › Section 204 - Contents of disclosure statement for system lease agreement.

Effective 5/8/2018
13-52-204.
Contents of disclosure statement for system lease agreement.
If a solar retailer is proposing to enter a system lease agreement with a potential customer, the disclosure statement required in Subsection 13-52-201(1) shall include:
(1) a statement with substantially the following form and content: "You are entering an agreement to lease an energy generation system. You will lease (not own) the system installed on your property. You will not be entitled to any federal tax credit associated with the lease.";
(2) information about whether the system lease agreement may be transferred to a purchaser of the home or real property where the system is located and, if so, any conditions for a transfer;
(3) if the solar retailer will not obtain insurance against damage or loss to the system, a statement to that effect and a description of the consequences to the customer if there is damage or loss to the system; and
(4) information about what will happen to the system at the end of the term of the system lease agreement.
Enacted by Chapter 290, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 52 - Residential Solar Energy Disclosure Act › Part 2 - Disclosure Statement › Section 205 - Contents of disclosure statement for power purchase agreement.

Effective 5/8/2018
13-52-205.
Contents of disclosure statement for power purchase agreement.
If a solar retailer is proposing to enter a power purchase agreement with a potential customer, the disclosure statement required in Subsection 13-52-201(1) shall include:
(1) a statement with substantially the following form and content: "You are entering an agreement to purchase power from an energy generation system. You will not own the system installed on your property. You will not be entitled to any federal tax credit associated with the purchase.";
(2) information about whether the power purchase agreement may be transferred to a purchaser of the home or real property where the system is located and, if so, any conditions for a transfer;
(3) if the solar retailer will not obtain insurance against damage or loss to the system, a statement to that effect and a description of the consequences to the customer if there is damage or loss to the system; and
(4) information about what will happen to the system at the end of the term of the power purchase agreement.
Enacted by Chapter 290, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 52 - Residential Solar Energy Disclosure Act › Part 2 - Disclosure Statement › Section 206 - Good faith estimate allowed.

Effective 5/8/2018
13-52-206.
Good faith estimate allowed.
A solar retailer that does not, at the time of providing a disclosure statement required in Subsection 13-52-201(1), have information required under Section 13-52-202, 13-52-203, 13-52-204, or 13-52-205 to be included in the disclosure statement may make a good faith estimate of that information, if the solar retailer clearly indicates that the information is an estimate and provides the basis for the estimate.
Enacted by Chapter 290, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 52 - Residential Solar Energy Disclosure Act › Part 3 - Enforcement › Section 301 - Division enforcement authority -- Administrative fine.

Effective 5/8/2018
13-52-301.
Division enforcement authority -- Administrative fine.
(1) Subject to Subsection (2), the division may enforce the provisions of this chapter by:
(a) conducting an investigation into an alleged violation of this chapter;
(b) issuing a cease and desist order against a further violation of this chapter; and
(c) imposing an administrative fine of no more than $2,500 per solar agreement on a solar retailer that:
(i) materially fails to comply with the disclosure requirements of this chapter; or
(ii) violates any other provision of this chapter, if the division finds that the violation is a willful or intentional attempt to mislead or deceive a customer.
(2) The division may not commence any enforcement action under this section more than four years after the date of execution of the solar agreement with respect to which a violation is alleged to have occurred.
(3) The division shall, in its discretion:
(a) deposit an administrative fine collected under Subsection (1)(c) in the Consumer Protection Education and Training Fund created in Section 13-2-8; or
(b) distribute an administrative fine collected under Subsection (1)(c) to a customer adversely affected by the solar retailer's failure or violation resulting in a fine under Subsection (1)(c), if the division has conducted an administrative proceeding resulting in a determination of the appropriateness and amount of any distribution to a customer.
(4) Nothing in this chapter may be construed to affect:
(a) a remedy a customer has independent of this chapter; or
(b) the division's ability or authority to enforce any other law or regulation.
Enacted by Chapter 290, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 53 - Residential, Vocational and Life Skills Program Act › Section 102 - Definitions.

Effective 1/1/2024
13-53-102.
Definitions.
As used in this chapter:
(1) "Division" means the Division of Consumer Protection.
(2) "Human services program" means the same as that term is defined in Section 26B-2-101.
(3) "Participant" means an individual who:
(a) resides at a residential, vocational and life skills program facility;
(b) receives from the residential, vocational and life skills program:
(i) vocational training; or
(ii) life skills training; and
(c) does not receive monetary compensation from the residential, vocational and life skills program.
(4) "Postsecondary school" means the same as that term is defined in Section 13-34-101.
(5) "Residential, vocational and life skills program" means a program that:
(a) is operated by a nonprofit corporation, as defined in Section 16-6a-102;
(b) does not accept local, state, or federal government funding, government grant money, or any other form of government assistance to operate or provide services or training;
(c) operates on a mutually voluntary basis with each participant;
(d) houses at a program facility in this state participants who are unrelated to an owner or a manager of the program facility without charging money for lodging, food, clothing, or training;
(e) may house transitional graduates for a fee;
(f) provides vocational training to participants;
(g) provides life skills training to participants;
(h) maintains a director or senior staff member at a program facility at all times when the facility is in use;
(i) does not provide mental health services;
(j) does not provide substance use disorder treatment;
(k) does not accept payment from an insurance provider for a participant;
(l) does not award a degree, diploma, or other educational credential commensurate with a degree or diploma;
(m) does not hold itself out as a human services program; and
(n) does not hold itself out as a postsecondary school.
(6) "Transitional graduate" means an individual who:
(a) graduated from a residential, vocational and life skills program;
(b) continues to reside at the residential, vocational and life skills program facility; and
(c) is employed by an entity not directly affiliated with the residential, vocational and life skills program.
(7) "Vocational training entity" is a commercial entity where a participant receives vocational training.
Amended by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 53 - Residential, Vocational and Life Skills Program Act › Section 104 - Registration denial, suspension, or revocation.

Effective 5/8/2018
13-53-104.
Registration denial, suspension, or revocation.
(1) In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate proceedings to deny, suspend, or revoke the registration of a residential, vocational and life skills program, if:
(a) the entity holding the registration fails to meet the description of a residential, vocational and life skills program under Subsection 13-53-102(5);
(b) the operation of the residential, vocational and life skills program creates a serious risk to public safety or welfare;
(c) the registration application or any supplemental information required by the division is incomplete, false, misleading, or filed in an untimely manner;
(d) the residential, vocational and life skills program or an individual described in Subsection 13-53-103(2)(e) causes or allows to occur a violation of any provision of municipal, state, or federal law, including an administrative rule made under this chapter;
(e)
(i) an individual described in Subsection 13-53-103(2)(e) is convicted of a felony or a crime of moral turpitude within the previous 10 years; and
(ii) the residential, vocational and life skills program does not have adequate controls to minimize associated risks to the participants of the residential, vocational and life skills program and to the public; or
(f) the residential, vocational and life skills program fails to pay an administrative fine that the division lawfully imposes on the residential, vocational and life skills program.
(2) The division may place reasonable limits upon a residential, vocational and life skills program's operations, if:
(a) the division has reasonable concerns about the residential, vocational and life skills program's ability to comply with this chapter; and
(b) the limitation is reasonably calculated to protect the interests of the public or the participants of the residential, vocational and life skills program.
(3) When the demands of public safety permit, the division shall allow a residential, vocational and life skills program a reasonable amount of time to remedy a violation under this chapter before the division suspends or revokes a registration.
(4) The division may require an individual described in Subsection 13-53-103(2)(e) to submit to a criminal background check, at the individual's expense or the expense of the residential, vocational and life skills program.
Enacted by Chapter 252, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 53 - Residential, Vocational and Life Skills Program Act › Section 105 - Prohibited acts.

Effective 5/8/2018
13-53-105.
Prohibited acts.
A residential, vocational and life skills program may not:
(1) operate without a registration issued under Section 13-53-103;
(2) utilize any behavioral intervention that is not peer-led or that uses the services of any professional or any person purporting to be a professional;
(3) accept a participant before providing to the participant the disclosure described in Section 13-53-106; or
(4) use physical force or permit the use of physical force.
Enacted by Chapter 252, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 53 - Residential, Vocational and Life Skills Program Act › Section 106 - Disclosure to participants.

Effective 5/8/2018
13-53-106.
Disclosure to participants.
(1) Before accepting a participant, a residential, vocational and life skills program shall provide to the prospective participant a written disclosure.
(2) The written disclosure shall include:
(a) a statement that the program is a registered residential, vocational and life skills program, but that the residential, vocational and life skills program is not endorsed by the state or the division;
(b) a statement that the prospective participant's continuation in the program is voluntary and that a participant may leave at any time;
(c) the conditions under which a participant is removed from the residential, vocational and life skills program or required to leave a program facility;
(d) a statement that the residential, vocational and life skills program will contact Adult Probation and Parole, if required by law; and
(e) a description of:
(i) the lodging, food, clothing, and other resources that are available to a participant;
(ii) the nature and scope of the residential, vocational and life skills program, including any activities or work that a participant is required to perform;
(iii) the scope and substance of peer-led activities;
(iv) the types of vocational training available to a participant, including the limitations on availability;
(v) the nature and extent of possible exposure to profanity, accusation, confrontation, nonphysical threats, or nonphysical corrective interaction;
(vi) the terms of any prohibition from contact with a participant's family, friends, or associates; and
(vii) any crimes committed within the previous two years at the residential, vocational and life skills program facility or at a vocational training entity affiliated with the residential, vocational and life skills program.
Enacted by Chapter 252, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 53 - Residential, Vocational and Life Skills Program Act › Section 107 - Participant screening.

Effective 5/14/2019
13-53-107.
Participant screening.
(1) A residential, vocational and life skills program shall interview and screen all prospective participants for medical prescriptions, physical and mental health history, and recent alcohol or drug use.
(2) Unless an individual obtains a medical clearance from a physician or physician assistant, a residential, vocational and life skills program may not have as a participant an individual who:
(a) has a recent diagnosis of a mental, social, psychiatric, or psychological illness; or
(b) has an active prescription for medication for a mental, social, psychiatric, or psychological illness.
(3) A residential, vocational and life skills program may not admit a minor.
Amended by Chapter 349, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 53 - Residential, Vocational and Life Skills Program Act › Section 108 - Financial requirements.

Effective 5/8/2018
13-53-108.
Financial requirements.
(1) When applying for registration under Subsection 13-53-103(2), an applicant shall demonstrate fiscal responsibility by providing evidence to the division that the residential, vocational and life skills program:
(a) is financially sound; and
(b) reasonably has the fiscal ability to fulfill commitments and obligations to the participants of the residential, vocational and life skills program.
(2) Evidence acceptable to satisfy the requirement described in Subsection (1) includes:
(a) for a residential, vocational and life skills program that has been in operation less than one fiscal year:
(i) pro forma financial statements until further information described in Subsection (2)(b) is available; and
(ii) a commercial credit report for the residential, vocational and life skills program; or
(b) for a residential, vocational and life skills program that has completed a fiscal year, and as soon as the residential, vocational and life skills program completes its first fiscal year:
(i) a current financial statement, with all applicable footnotes, for the most recent fiscal year, including a balance sheet, a statement of income, a statement of retained earnings, and a statement of cash flow; and
(ii) a certified fiscal audit of the residential, vocational and life skills program's financial statement, performed by a certified or licensed public accountant.
(3) In evaluating a residential, vocational and life skills program's fiscal responsibility, the division may consider:
(a) any judgment, tax lien, collection action, bankruptcy schedule, or history of late payments to creditors;
(b) documentation showing the resolution of a matter described in Subsection (3)(a);
(c) the residential, vocational and life skills program's explanation for a matter described in Subsection (3)(a);
(d) a guarantee agreement provided for the residential, vocational and life skills program; and
(e) history of a prior entity that:
(i) is owned or operated by any individual who is an officer, a director, or an administrator of the residential, vocational and life skills program; and
(ii) has failed to maintain fiscal responsibility.
(4) The division may require evidence of financial status at other times when it is in the best interest of the program participants to require the information.
(5) The division may perform a fiscal audit of a residential, vocational and life skills program.
(6) A residential, vocational and life skills program shall develop and maintain adequate internal controls for receipt, management, and disbursement of money that are reasonable in light of the residential, vocational and life skills program's organizational complexity.
Enacted by Chapter 252, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 53 - Residential, Vocational and Life Skills Program Act › Section 109 - Discontinuance of operations.

Effective 5/8/2018
13-53-109.
Discontinuance of operations.
(1) A residential, vocational and life skills program that is closing shall adopt a plan for the provision of food, shelter, and clothing for at least 30 days from the date of closure to participants displaced by the closure.
(2) At least 30 days before the day on which the residential, vocational and life skills program will close, the residential, vocational and life skills program shall provide written notice to the division of:
(a) the intended date of closure; and
(b) the plan described in Subsection (1).
Enacted by Chapter 252, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 53 - Residential, Vocational and Life Skills Program Act › Section 110 - Enforcement.

Effective 5/8/2018
13-53-110.
Enforcement.
(1) The division may investigate facilities and enforce this chapter under the authority described in Chapter 2, Division of Consumer Protection.
(2) To monitor the welfare of participants and transitional graduates, if any, and to monitor the safe operation of a residential, vocational and life skills program, the division shall:
(a) annually perform an on-site inspection of a registered residential, vocational and life skills program;
(b) refer each concern that the division identifies during the on-site inspection to the state or municipal entity responsible for the area of concern; and
(c) coordinate with each relevant state and municipal entity to monitor the residential, vocational and life skills program's compliance with the entity's relevant health and safety regulations.
(3) In addition to penalties established by this chapter and in addition to the enforcement authority described in Chapter 2, Division of Consumer Protection, the division may:
(a) issue a cease and desist order;
(b) impose an administrative fine of up to $2,500 for each violation of this chapter; and
(c) seek injunctive relief in a court of competent jurisdiction.
(4) All money received from fines imposed under this section shall be deposited into the Consumer Protection Education and Training Fund, created in Section 13-2-8.
Enacted by Chapter 252, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 53 - Residential, Vocational and Life Skills Program Act › Section 111 - Recidivism reporting requirements.

Effective 5/3/2023
13-53-111.
Recidivism reporting requirements.
(1) On or before August 31 of each year, a residential, vocational and life skills program shall collect and report data on recidivism of participants to the State Commission on Criminal and Juvenile Justice.
(2) The report described in Subsection (1) shall include the metrics and requirements described in Section 63M-7-102.
(3) The State Commission on Criminal and Juvenile Justice shall include the information provided under this section in the report described in Subsection 63M-7-204(1)(x).
Amended by Chapter 177, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 54 - Ticket Website Sales Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/14/2019
13-54-101.
Title.
This chapter is known as the "Ticket Website Sales Act."
Enacted by Chapter 115, 2019 General Session
Amended by Chapter 115, 2019 General Session, (Coordination Clause)
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 54 - Ticket Website Sales Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
13-54-102.
Definitions.
(1) "Consumer" means a person who purchases a ticket for use by the person or the person's invitee.
(2) "Division" means the Division of Consumer Protection in the Department of Commerce.
(3) "Domain" means the portion of text in a URL that is to the left of the top-level domain.
(4) "Event" means a single, specific occurrence of one of the following, that takes place at a venue:
(a) a concert;
(b) a game;
(c) a performance;
(d) a show; or
(e) an occasion similar to the occasions described in Subsections (4)(a) through (d).
(5) "Event participant" means any of the following persons who is associated with an event or on behalf of whom a person sells a ticket to an event:
(a) an artist;
(b) a league;
(c) a team;
(d) a tour group;
(e) a venue; or
(f) any person similar to the persons described in Subsections (5)(a) through (e).
(6) "Person" does not include a government entity.
(7) "Primary ticket seller" means the person who first sells a particular ticket.
(8)
(a) "Reseller" means a person who sells or offers for sale a ticket after it is sold by a primary ticket seller.
(b) "Reseller" includes a person who engages in conduct described in Subsection (8)(a), regardless of whether the person is also the primary ticket seller of the ticket or the primary ticket seller of another ticket to the same event.
(c) "Reseller" does not include a person who transfers a ticket to another person without reimbursement or consideration.
(9) "Ticket" means evidence of an individual's right of entry to an event.
(10) "Ticket aggregator" means a person who aggregates the prices for which other persons offer tickets for sale or resale.
(11) "Ticket purchasing software" means software that is primarily designed for the purpose of:
(a) interfering with the sale of tickets by circumventing controls or measures on a ticket website to bypass posted event ticket purchasing limits; or
(b) undermining the integrity of posted online ticket purchasing order rules.
(12) "Ticket website" means:
(a) with respect to a reseller, a website on which the reseller sells or offers for sale or resale one or more tickets; or
(b) with respect to a ticket aggregator, a website on which the ticket aggregator aggregates the prices for which other persons offer tickets for sale or resale.
(13) "Top-level domain" includes .com, .net, and .org.
(14) "URL" means the uniform resource locator for a website on the Internet.
(15)
(a) "Venue" means real property located in the state where one or more persons host a concert, game, performance, show, or similar occasion.
(b) "Venue" includes an arena, a stadium, a theater, a concert hall, an amphitheater, a fairground, a club, a convention center, a public assembly facility, or a mass gathering location.
Amended by Chapter 251, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 54 - Ticket Website Sales Act › Part 1 - General Provisions › Section 103 - Exemptions.

Effective 5/14/2019
13-54-103.
Exemptions.
(1) This chapter does not apply to:
(a) an entity that is owned, controlled, operated, or maintained by a bona fide church or religious organization that is exempt from property taxation under the laws of the state; or
(b) a consumer reselling a ticket that the consumer purchased as a consumer.
(2) A person who claims an exemption under this section has the burden of proving that the person is entitled to the exemption.
Enacted by Chapter 115, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 54 - Ticket Website Sales Act › Part 2 - Requirements and Prohibited Practices › Section 201 - Disclosure requirements.

Effective 5/3/2023
13-54-201.
Disclosure requirements.
(1) A reseller or ticket aggregator shall clearly and conspicuously disclose on each of its ticket websites that:
(a) the website is a secondary market and is not the primary ticket seller; and
(b) the price of a ticket on the website may be higher than face value.
(2) A primary ticket seller and a reseller shall clearly and conspicuously disclose during the checkout process an itemization of the total price for which the primary ticket seller or reseller is offering the ticket for sale or resale, including taxes and each fee.
Amended by Chapter 251, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 54 - Ticket Website Sales Act › Part 2 - Requirements and Prohibited Practices › Section 202 - Prohibited practices.

Effective 5/3/2023
13-54-202.
Prohibited practices.
(1)
(a) It is unlawful for any person who is not a primary ticket seller to represent, directly or indirectly, that the person is a primary ticket seller.
(b) If a presiding officer or court determines appropriate after considering other relevant factors, the following actions by a person who is not a primary ticket seller establish a presumption that the person is representing that the person is a primary ticket seller in violation of Subsection (1)(a):
(i) using the name of an event in the domain of the person's ticket website, unless the person has written authorization from an agent of the event;
(ii) using the name of an event participant in the domain of the person's ticket website, unless the person has written authorization from the event participant or an agent of the event participant;
(iii) using, in paid search results, the name of an event or event participant in a manner described in Subsection (1)(b)(i) or (ii);
(iv) using on the person's website any of the following that individually or in combination is substantially similar to a primary ticket seller's, venue's, or event's website, with the intent to mislead a potential purchaser, without written authorization:
(A) text;
(B) images;
(C) website graphics;
(D) website design; or
(E) Internet address.
(2) It is unlawful for a person who lists or offers a ticket for sale to:
(a) accept payment for the ticket; and
(b) fail to deliver to the consumer who purchases the ticket a ticket that reflects the transaction to which the parties agreed.
(3) It is unlawful for a person to:
(a) knowingly sell more than one copy of the same ticket;
(b) use ticket purchasing software to circumvent any portion of the process for purchasing a ticket on a ticket website, including:
(i) circumventing:
(A) security measures;
(B) identity validation measures; or
(C) an access control system; or
(ii) disguising the identity of a ticket purchaser for the purpose of purchasing a number of tickets that exceeds the maximum number of tickets allowed for a person to purchase.
(4) It is unlawful for a person to fail to comply with a provision of Section 13-54-201.
(5) Nothing in this section prohibits a person from including the name of an event or an event participant in a URL after the top-level domain.
Amended by Chapter 251, 2023 General Session