No. 28444: R156-22. ProfessionalEngineers and Professional Land Surveyors Licensing Act Rules

DAR File No.: 28444
Filed: 02/13/2006, 01:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division needs to add a clarification to the rule regarding the maximum fine that may be assessed. Hunter Finch from the Governor's Office of Planning and Budget had contacted the Division regarding Subsection R156-22-501(6) with concerns that the fine set for a third offense was double the fine amount for a second offense and that could result in a fine which may be in excess of the maximum allowed by statute. The statute provides that the fine for a third offense could be up to $2,000 per day. If the third offense was for a single day rather than multiple days, then this could possibly happen.

 

Summary of the rule or change:

In Subsection R156-22-501(6), the following wording is being added to the paragraph which will eliminate the concerns identified above: "with a maximum amount not to exceed the maximum fine allowed under Subsection 58-3a-502(1)(b)(i)". (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the January 15, 2006, issue of the Utah State Bulletin, on page 17. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

 

State statutory or constitutional authorization for this rule:

Section 58-22-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

 

Anticipated cost or savings to:

the state budget:

No additional costs or savings are anticipated as a result of this change in proposed rule filing beyond those identified in the prior proposed rule amendment filing.

 

local governments:

No additional costs or savings are anticipated as a result of this change in proposed rule filing beyond those identified in the prior proposed rule amendment filing.

 

other persons:

No additional costs or savings are anticipated as a result of this change in proposed rule filing beyond those identified in the prior proposed rule amendment filing.

 

Compliance costs for affected persons:

No additional costs or savings are anticipated as a result of this change in proposed rule filing beyond those identified in the prior proposed rule amendment filing.

 

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

This change to proposed rule clarifies that in no circumstances may a fine for a third offense exceed the maximum fine permitted by statute. No fiscal impact to businesses is anticipated as a result of this clarification. 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:

Dan S. 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]

 

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:

03/31/2006

 

This rule may become effective on:

04/01/2006

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rules.

 

. . . . . . .

 

R156-22-501. Administrative Penalties - Unlawful Conduct.

In accordance with Subsections 58-1-501, 58-1-501(1)(a) through (d), 58-22-501 and 58-22-503, unless otherwise ordered by the presiding officer, the following fine schedule shall apply.

(1) Engaging in unlicensed practice or using any title that would cause a reasonable person to believe the user of the title is licensed under this chapter.

First Offense: $800

Second Offense: $1,600

(2) Engaging in, or representing oneself as engaged in the practice of professional engineering or land surveying as a corporation, proprietorship, partnership, or limited liability company unless exempted from licensure.

First Offense: $800

Second Offense: $1,600

(3) Impersonating another licensee or engaging in practice under this chapter using a false or assumed name, unless permitted by law.

First Offense: $1,000

Second Offense $2,000

(4) Knowingly employing any person to practice under this chapter who is not licensed to do so.

First Offense: $1,000

Second Offense: $2,000

(5) Knowingly permits any person to use his or her license except as permitted by law.

First Offense: $1,000

Second Offense: $2,000

(6) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Subsection 58-22-503(1)(i).

(7) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(8) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(9) In all cases the presiding officer shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount based upon the evidence reviewed.

 

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KEY: engineers, surveyors, professional land surveyors, professional engineers

Date of Enactment or Last Substantive Amendment: 2006

Notice of Continuation: January 13, 2003

Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)