No. 30892 (Amendment): R156-55a. Utah Construction Trades Licensing Act Rule

DAR File No.: 30892
Filed: 01/10/2008, 12:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The division and the Construction Services Commission are proposing amendments to the rule with respect to continuing education requirements and standards. The existing language in Section R156-55a-303b outlines and clarifies the continuing education standards to implement Subsection 58-55-501(21) of the Construction Trades Licensing Act. The statute went into effect in 2005 and requires licensed contractors to obtain six hours of continuing education every two years. The proposed amendments are being made after it has been determined that the existing rule is inadequate to address continuing education with respect to licensed contractors.

Summary of the rule or change:

Section R156-55a-303b with respect to continuing education standards has been rewritten. Changes provide the following: 1) requires prior approval of continuing education courses by the Construction Services Commission; 2) clarifies and defines core and professional continuing education hours; 3) provides what is required on a certificate of completion for a continuing education course; 4) allows monitoring of continuing education courses by the division; 5) increases time of maintaining proof of continuing education by the licensee from two to three years; 6) provides continuing education credit for licensees that lecture in an approved course; 7) establishes for new licensees a cut off date for continuing education requirements during a renewal cycle; and 8) allows the division to defer or waive continuing education for secondary and post secondary education instructors, serious illness or other circumstances that include governmental, educational, or ecclesiastical assignments.

State statutory or constitutional authorization for this rule:

Section 58-55-101 and Subsections 58-1-106(1)(a), 58-1-202(1)(a), 58-55-308(1), 58-55-102(35), and 58-55-501(21)

Anticipated cost or savings to:

the state budget:

The division will incur minimal costs of approximately $150 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the division's current budget. The division will utilize existing personnel for the auditing and enforcement of the continuing education requirement with respect to licensed contractors.

local governments:

Proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. Proposed amendments only apply to licensed contractors and applicants for licensure as a contractor if they become successfully licensed.

small businesses and persons other than businesses:

The proposed amendments will require a continuing education provider to licensed contractors to obtain prior approval from the Construction Services Commission of a continuing education course. The course provider would be required to provide a course syllabus, a resume for the course instructor and other documentation and may be required to meet with the Commission if so requested. There may be some costs to the continuing education provider to obtain this approval. However, exact costs are unknown to the Division, but any costs incurred would be minimal. It should be noted that a continuing education provider to licensed contractors may or may not be considered a "small business". The Division does not anticipate any increased costs or savings to licensed contractors as a result of the proposed amendments as the amendments do not increase the number of continuing education hours required. The proposed amendments are further clarifying what standards apply to the required continuing education for licensed contractors.

Compliance costs for affected persons:

The proposed amendments will require a continuing education provider to licensed contractors to obtain prior approval from the Construction Services Commission of a continuing education course. The course provider would be required to provide a course syllabus, a resume for the course instructor and other documentation and may be required to meet with the commission if so requested. There may be some costs to the continuing education provider to obtain this approval. However, exact costs are unknown to the division, but any costs incurred would be minimal. It should be noted that a continuing education provider to licensed contractors may or may not be considered a "small business". The division does not anticipate any increased costs or savings to licensed contractors as a result of the proposed amendments as the amendments do not increase the number of continuing education hours required. The proposed amendments are further clarifying what standards apply to the required continuing education for licensed contractors.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing makes various amendments to the continuing education requirements for contractors. No fiscal impact to businesses is anticipated as a result of this rule filing beyond those discussed in the rule summary. Francine A. Giani, Executive Director

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:

Dennis Meservy or Dan S. Jones at the above address, by phone at 801-530-6375 or 801-530-6720, by FAX at 801-530-6511 or 801-530-6511, or by Internet E-mail at [e-mail] or [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/03/2008

Interested persons may attend a public hearing regarding this rule:

2/27/2008 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

03/10/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-55a. Utah Construction Trades Licensing Act Rule.

R156-55a-303a. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two year renewal cycle applicable to licensees under Title 58, Chapter 55 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308a.

(3) In accordance with Subsections 58-55-501(21) and 58-1-308(3)(b)(i), there is established a continuing education requirement for license renewal. Each licensee, or the licensee's qualifier, or an officer, director or supervising individual, as designated by the licensee, shall comply with the [following ]continuing education requirements set forth in Section R156-55a-303b[:

(a) complete three hours of core continuing education; and

(b) an additional three hours of professional continuing education].

 

R156-55a-303b. Continuing Education - Standards.

[(1) Continuing education courses are not required to be submitted for approval by the Commission, but must meet the following criteria:

(a) content must be relevant to the practice of the construction trades and consistent with the laws and rules of this state;

(b) learning objectives must be reasonably and clearly stated;

(c) teaching methods must be clearly stated and appropriate;

(d) faculty must be qualified, both in experience and in teaching expertise;

(e) documentation of attendance must be provided; and

(f) all core education and professional education hours shall be clock hours.

(2) The three hour core education requirement shall include one or more of the following course content areas:

(a) construction codes;

(b) construction laws and rules; and

(c) construction practices.

(3) Credit for core education and professional education shall be recognized in accordance with the following. Hours shall be recognized for core education and professional education completed in blocks of time of not less than 50 minutes, in formally established classroom courses, seminars, lectures, conferences, training sessions or distance learning modules, which meet the criteria listed in Subsection (1) above and conducted by or under the sponsorship of:

(a) a recognized university or college;

(b) a state agency;

(c) a professional association, including:

(i) the Associated Builders and Contractors Association;

(ii) the Associated General Contractors Association;

(iii) the Utah Home Builders Association;

(iv) the Utah Mechanical Contractors Association; or

(d) other recognized education programs as approved by the Commission with the concurrence of the Director.

(4) Professional education shall not include courses in office and business skills, physical well-being and personal development, and meetings held in conjunction with the general business of the licensee.

(5) The continuing education requirement for electricians as established in Section R156-55b-304, which is completed by an electrical contractor, shall satisfy the continuing education requirement for contractors as established in Subsection 58-55-501(21) and implemented herein.

(6) A licensee shall be responsible for maintaining competent records of completed core and other continuing education for a period of two years after the two year period to which the records pertain.](1) Required Hours. Pursuant to Subsection 58-55-501(21), each licensee shall complete a total of six hours of continuing education every two years. A minimum of three hours shall be core education. The remaining three hours are to be professional education. Additional core education hours beyond the required amount may be substituted for professional education hours.

(a) "Core continuing education" is defined as construction codes, construction laws, safety training, governmental regulations pertaining to the construction trades and employee verification and payment practices.

(b) "Professional continuing education" is defined as substantive subjects dealing with the practice of the construction trades, including land development, land use, planning and zoning, energy conservation, professional development, arbitration practices, estimating, finance and bookkeeping, marketing techniques, servicing clients, personal and property protection for the licensee and the licensee's clients and similar topics.

(c) The following course subject matter is not acceptable as core education or professional education hours: mechanical office and business skills, such as typing, speed reading, memory improvement and report writing; physical well-being or personal development, such as personal motivation, stress management, time management, dress for success, or similar subjects; and meetings held in conjunction with the general business of the licensee or employer.

(d) The Commission, in conjunction with the Division, may defer or waive the continuing education requirements of a licensee if:

(i) a serious illness or other circumstances limit the licensee's ability to complete the continuing education requirements, such as governmental, educational or ecclesiastical assignments; or

(ii) the licensee is a secondary or post secondary education construction instructor.

(e) The Division may grant a licensee an extension of time within which to comply with this rule as the Division considers appropriate.

(2) Prior Approval of Continuing Education Courses. A provider of continuing education shall submit a request to the Division for approval of the course.

(a) The provider shall not teach the course until the provider has received approval from the Division.

(b) The Commission, in concurrence with the Division Director, will determine whether the subject matter of a course is acceptable for continuing education credit.

(3) In determining whether to approve a course for core education or professional education, the Commission and the Division Director may consider whether the course meets the additional standards in this Subsection (3) as follows:

(a) Time. A continuing education course shall consist of 50 minute blocks of seminars, lectures, conferences, training sessions or distance learning modules. Each 50 minute block shall constitute one hour of continuing education.

(b) Provider. The course provider shall be one of the following:

(i) a recognized accredited college or university;

(ii) a state or federal agency;

(iii) a professional association or organization involved in the construction trades; or

(iv) any other provider providing a program related to the construction trades, if approved by the Commission with the concurrence of the Division Director.

(c) Content. The content of the course shall be relevant to the practice of the construction trades and consistent with the laws and rules of this state.

(d) Objectives. The learning objectives of the course shall be reasonably and clearly stated.

(e) Teaching Methods. The teaching methods shall be clearly stated and appropriate.

(f) Faculty. The faculty shall be qualified both in experience and in teaching expertise.

(g) Documentation. Certificate of completion meeting the requirements of Subsection (5) shall be provided by the provider to the attendees.

(4) On a random basis, the Division may assign monitors at no charge to attend a course for the purpose of evaluating the course and the instructor.

(5) Certificates of completion provided to the Division by the licensee shall include the following information:

(a) the licensee's name, license number, and date of course;

(b) the name of the course provider, course title, hours of credit and type of credit; and

(c) the signatures of the course instructor and the licensee.

(6) Each licensee shall maintain adequate documentation as proof of compliance with this section, such as certificates of completion, course handouts and materials. The licensee shall retain this proof for a period of three years from the end of the renewal period for which the continuing education is due.

(7) Licensees who lecture in an accredited continuing education course shall receive two hours of continuing education for each hour spent lecturing. However, no lecturing or teaching credit is available for participation in a panel discussion.

(8) The continuing education requirement for electricians as established in Section R156-55b-304, which is completed by an electrical contractor, shall satisfy the continuing education requirement for contractors as established in Subsection 58-55-501(21) and implemented herein.

(9) Licensees who obtain an initial license after March 31st of the renewal year shall not be required to meet the continuing education requirement for that renewal cycle.

 

KEY: contractors, occupational licensing, licensing

Date of Enactment or Last Substantive Amendment: [November 26, 2007]2008

Notice of Continuation: November 8, 2006

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1); 58-55-102(35); 58-55-501(21)