No. 35860 (5-year Review): Rule R156-55d. Burglar Alarm Licensing Rule

DAR File No.: 35860
Filed: 02/07/2012 04:40:21 PM

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 alarm companies and alarm company agents. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-55-201(2)(b) provides that one of the Alarm System Security and Licensing Board's duties is to recommend appropriate rules to the Construction Services Commission. Subsection 58-55-103(1)(b) provides that one of the duties of the Construction Services Commission is to make appropriate rules with respect to Title 58, Chapter 55, with the concurrence of the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 55, with respect to alarm companies and alarm company agents.

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 February 2010, it has been amended one time. The Division received a 12/29/2010 email and a 02/02/2012 email from David Nelson in which Mr. Nelson opposed wording in Subsection R156-55d-302f(1)(c) with respect to Title 78, Chapter 5, Part 4.

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 alarm companies and alarm company agents. 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. In response to Mr. Nelson's written comments about his opposition to wording in Subsection R156-55d-302f(1)(c), the Division does not disagree with the facts of Mr. Nelson's comments. The Division disagrees with Mr. Nelson's requested solution to amend the rule due to a Supreme Court ruling that might invalidate a Utah statute referred to in this rule. The Division has spoken with Mr. Nelson multiple times regarding various Division rules and does not intend to follow his requested solution.

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:

• Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Authorized by:

Mark Steinagel, Director

Effective:

02/07/2012

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