No. 35306 (5-year Review): Rule R156-55b. Electricians Licensing Rule

DAR File No.: 35306
Filed: 10/04/2011 11:58:03 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 55, provides for the licensure of various classifications of electricians. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-55-201(2) provides that the Electricians Licensing Board's duties and responsibilities include recommending appropriate rules to the Construction Services Commission. Subsection 58-55-103(1)(b)(i) provides that the Construction Services Commission shall, with the concurrence of the Division director, make reasonable rules under Title 63G, Chapter 3. This rule was enacted to clarify the provisions of Title 58, Chapter 55, with respect to various classifications of electricians.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in November 2006, it has been amended several times. The only written comment the Division has received was a 06/16/2009 letter from an industry association, IEC of Utah/Renee McDonough. Ms. McDonough representing the IEC of Utah opposed a proposed amendment with respect to teaching in an electrical apprenticeship program. Ms. McDonough in her written comment provided some suggested changes to the Division's proposed rule. As a result of further review by the Division, Construction Services Commission and Electricians Licensing Board and the written comment which had been submitted, the Division filed a change in proposed rule filing which incorporated the requested changes. The change in proposed rule filing was eventually made effective on 10/22/2009. The Division has received no other written comments with respect to this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 55, with respect to the various classifications of electricians. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Dan Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Authorized by:

Mark Steinagel, Director

Effective:

10/04/2011

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