No. 27020 (Amendment): R156-38. Residence Lien Restriction and Lien Recovery Fund Rules

DAR File No.: 27020
Filed: 03/30/2004, 12:49
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division is amending the rules to comply with recent legislation (H.B. 32 and H.B. 62) passed during the 2004 legislative session. (DAR NOTE: H.B. 32 is found at UT L 2004 Ch 85, and H.B. 62 is found at UT L 2004 Ch 42, and both will be effective May 3, 2004.)

 

Summary of the rule or change:

In Section R156-38-102, added a definition of "applicant" and updated the definition of "permissive party". In Sections R156-38-105a, R156-38-105b, and R156-38-109, technical corrections are being made in these sections to conform the rule with recent legislation. Section R156-38-204a is added which defines the documentary requirements for a homeowner to obtain a Certificate of Compliance form from the Division. The old Section R156-38-204a is changed to R156-38-204b and other technical corrections are made. In Sections R156-38-204c and R156-38-204d, technical corrections are made. The old Section R156-38-204b is changed to R156-38-204e. In Section R156-38-301a, amendments are made regarding assessments, inactive licensure as a contractor, and what assessments must be paid before a license as a contractor can be reinstated to active status.

 

State statutory or constitutional authorization for this rule:

Section 38-11-101, and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

 

Anticipated cost or savings to:

the state budget:

The state budget will see no costs or savings since the Residence Lien Recovery Fund is self-funded. The Residence Lien Recovery Fund will incur minimal costs, of approximately $50, to reprint the rule once the proposed amendments are made effective.

 

local governments:

These proposed rule amendments do not apply to local governments. Therefore, there is no anticipated costs or savings for local governments.

 

other persons:

The Division and Residence Lien Recovery Fund expect no costs or savings beyond the expected fiscal impact of applicable legislation, which was deemed to be negligible to parties affected by this rule.

 

Compliance costs for affected persons:

The Division and Residence Lien Recovery Fund expect no costs or savings beyond the expected fiscal impact of applicable legislation, which was deemed to be negligible to parties affected by this rule.

 

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

This rule change contains various amendments that bring the Residence Lien Recovery Fund rule into compliance with statutory amendments passed during the 2004 Legislative Session and it makes some technical amendments. Thus, no fiscal impact to businesses should result beyond those already anticipated in H.B. 62. Klarice A. Bachman, 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:

Earl Webster at the above address, by phone at 801-530-7632, 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:

05/17/2004

 

Interested persons may attend a public hearing regarding this rule:

5/12/2004 at 8:00 AM, 160 East 300 South, North Conference Room (First Floor), Salt Lake City, UT

 

This rule may become effective on:

05/18/2004

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-38. Residence Lien Restriction and Lien Recovery Fund Rules.

R156-38-102. Definitions.

In addition to the definitions in Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act; Title 58, Chapter 1, Division of Occupational and Professional Licensing Act; and Rule R156-1, General Rules of the Division of Occupational and Professional Licensing, which shall apply to these rules, as used in these rules:

(1) "Applicant" means either a claimant, as defined in Subsection (2), or a homeowner, as defined in Subsection (5), who submits an application for a certificate of compliance.

(2) "Claimant" means a person who submits an application or claim for payment from the fund.

([2]3) "Construction project", as used in Subsection 38-11-203(4), means all qualified services related to the written contract required by Subsection 38-11-204(3)(a).

([3]4) "Contracting entity" means an original contractor, a factory built housing retailer, or a real estate developer that contracts with a homeowner.

([4]5) "Homeowner" means the owner of an owner-occupied residence.

([5]6) "Licensed or exempt from licensure", as used in Subsection 38-11-204(3) means that, on the date the written contract was entered into, the contractor held a valid, active license issued by the Division pursuant to Title 58, Chapter 55 of the Utah Code in any classification or met any of the exemptions to licensure given in Title 58, Chapters 1 and 55.

([6]7) "Necessary party" includes the division, on behalf of the fund, and the claimant.

([7]8) "Owner", as defined in Subsection 38-11-102([15]16), does not include any person or developer who builds residences that are offered for sale to the public.

([8]9) "Permissive party" includes:

(a) the nonpaying party in a claim for payment from the fund;

(b) the original contractor in an application for a certificate of compliance; and

(c) the homeowner and any entity who will be required to reimburse the fund if a claimant's claim is paid from the fund in either a claim for payment or an application for certificate of compliance.

([9]10) "Qualified services", as used in Subsection 38-11-102([18]19) do not include:

(a) services provided by the claimant to cure a breach of the contract between the claimant and the nonpaying party; or

(b) services provided by the claimant under a warranty or similar arrangement.

 

R156-38-105a. Adjudicative Proceedings.

(1) [T]Except as provided in Subsection 38-1-11(4)(d), the classification of adjudicative proceedings initiated under Title 38, Chapter 11 is set forth at Sections R156-46b-201 and R156-46b-202.

(2) The identity and role of presiding officers for adjudicative proceedings initiated under Title 38, Chapter 11, is set forth in Sections 58-1-109 and R156-1-109.

(3) Issuance of investigative subpoenas under Title 38, Chapter 11 shall be in accordance with Subsection R156-1-110.

(4) Adjudicative proceedings initiated under Title 38, Chapter 11, shall be conducted in accordance with Title 63, Chapter 46b, Utah Administrative Procedures Act, and Rules R151-46b and R156-46b, Utah Administrative Procedures Act Rules for the Department of Commerce and the Division of Occupational and Professional Licensing, respectively, except as otherwise provided by Title 38, Chapter 11 or these rules.

(5) Claims for payment and applications for a certificate of compliance shall be filed with the division and served upon all necessary and permissive parties.

(6) Service of claims, applications for a certificate of compliance, or other pleadings by mail to a qualified beneficiary of the fund addressed to the address shown on the division's records with a certificate of service as required by R151-46b-8, shall constitute proper service. It shall be the responsibility of each registrant to maintain a current address with the division.

(7) A permissive party is required to file a response to a claim [against the fund]or application for certificate of compliance within 30 days of notification by the division of the filing of the claim or application for certificate of compliance, to perfect the party's right to participate in the adjudicative proceeding to adjudicate the claim or application.

(8)(a) For [informal ]claims wherein the claimant has had judgment entered against the nonpaying party, findings of fact and conclusions of law entered by a civil court or state agency submitted in support of or in opposition to a claim against the fund shall not be subject to readjudication in an adjudicative proceeding to adjudicate the claim.

(b) For [formal ]claims wherein the nonpaying party's bankruptcy filing precluded the claimant from having judgment entered against the nonpaying party, a claim or issue resolved by a prior judgment, order, findings of fact, or conclusions of law entered in by a civil court or a state agency submitted in support of or in opposition to a claim against the fund shall not be subject to readjudication with respect to the parties to the judgment, order, findings of fact, or conclusions of law.

(9) A party to the adjudication of a claim against the fund may be granted a stay of the adjudicative proceeding during the pendency of a judicial appeal of a judgment entered by a civil court or the administrative or judicial appeal of an order entered by an administrative agency provided:

(a) the administrative or judicial appeal is directly related to the adjudication of the claim; and

(b) the request for the stay of proceedings is filed with the presiding officer conducting the adjudicative proceeding and concurrently served upon all parties to the adjudicative proceeding, no later than the deadline for filing the appeal.

 

R156-38-105b. Notices of Denial - Notices of Incomplete Application - Conditional Denial of Claims - Extensions of Time to Correct Claims - Prolonged Status.

(1)(a) A written notice of denial of claim shall be provided to [a claimant]an applicant who submits a complete application if the division determines that the [claim]application does not meet the requirements [for payment]of Section 38-11-204.

(b) A written notice of incomplete application [and conditional denial of claim ]shall be provided to [a claimant]an applicant who submits an incomplete application. The notice shall advise the [claimant]applicant that the application is incomplete and that the application is denied, unless the [claimant]applicant corrects the deficiencies within the time period specified in the notice and the [claim]application otherwise meets all qualification for [payment]approval.

(2) [A claimant]An applicant may receive a single 30 day extension of the time period in Subsection (1)(b). Additional extensions of the time period shall only be granted if the [claimant]applicant makes the request in writing and demonstrates, with adequate documentation, that the [claimant]applicant:

(a) has made all reasonable efforts to complete the [claim]application;

(b) has been prevented from completing the [claim]application because of unusual and extraordinary circumstances entirely beyond its control; and

(c) can be reasonably expected to complete the [claim]application if an additional extension is granted.

(3) (a) A claimant may for any reason be granted a single request that its claim be prolonged.

(b) A claim granted prolonged status shall be inactive for a period of one year or until reactivated by the claimant, whichever comes first.

(c) At the end of the one year period, the claimant shall be required to either complete the claim or demonstrate reasonable cause for prolonged status to be renewed for another one year period. The following shall constitute valid causes for renewing prolonged status:

(i) continuing litigation pursuant to Subsection R156-38-105a(9);

(ii) ongoing bankruptcy proceedings involving the nonpaying party that would prevent the claimant from complying with Section 38-11-204;

(iii) continuing compliance by the nonpaying party with a payment agreement between the claimant and the nonpaying party; or

(iv) other reasonable cause as determined by the presiding officer.

(d) Upon expiration of the one year prolonged status of a claim, the Division shall issue to the claimant an updated notice of incomplete application pursuant to Subsection (1)(b). Included with that notice shall be a form that provides the claimant an opportunity to:

(i) reactivate the claim by submitting documentation necessary to complete the claim;

(ii) withdraw the claim; or

(iii) request prolonged status be renewed pursuant to Subsection (3)(c).

(e) Any request for renewal of prolonged status made under Subsection (3)(c)(iv) shall include evidence sufficient to demonstrate the validity of the reasons given as justification for renewal.

(f) If a claimant's request for renewal of prolonged status is denied, the claimant may request agency review.

(g) A claim which has been reactivated from prolonged status may not be again prolonged unless the claimant can establish compliance with the requirements of Subsection (3)(c).

 

R156-38-109. Format for Form Affidavit and Motion.

The form affidavit [and motion ]required under Subsection 38-1-11(4) shall be [prepared by the Office of the Attorney General after consultation with the director. The form shall be an answer, affidavit, and motion for summary judgment that is clearly written and easy to understand. The form shall solicit all necessary information to determine if a homeowner is entitled to the defense provided for in Section 38-11-107]the Homeowner's Application for Certificate of Compliance prepared by the Division.

 

R156-38-204a. Applications for Certificate of Compliance by Homeowners - Supporting Documents and Information.

The following supporting documents shall, at a minimum, accompany each homeowner application for a certificate of compliance:

(1) a copy of the written contract between the homeowners and the contracting entity;

(2)(a) if the homeowner contracted with an original contractor, documentation issued by the division that the original contractor was licensed or exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act, on the date the contract was entered into;

(b) if the homeowner contracted with a real estate developer:

(i) credible evidence that the contracting entity had an ownership interest in the property;

(ii) a copy of the contract between the contracting entity and the licensed contractor with whom the contracting entity contracted for construction of the residence or other credible evidence showing the existence of such a contract and setting forth a description of the services provided to the contracting entity by the contractor;

(iii) credible evidence that the real estate developer offered the residence for sale to the public; and

(iv) documentation issued by the division that the contractor with whom the contracting entity contracted for construction of the residence was licensed or exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act, on the date the contract was entered into;

(c) if the homeowner contracted with a manufactured housing retailer, a copy of the completed retail purchase contract;

(3) one of the following:

(a) an affidavit from the contracting entity acknowledging that the homeowner paid the contracting entity in full in accordance with the written contract and any amendments to the contract; or

(b) other credible evidence establishing that the homeowner paid the contracting entity in full in accordance with the written contract and any amendments to the contract; and

(4) an affidavit from the homeowner establishing that he is an owner as defined in Subsection 38-11-102(16) and that the residence is an owner-occupied residence as defined in Subsection 38-11-102(17).

 

R156-38-204[a]b. Claims Against the Fund by Nonlaborers - Supporting Documents and Information.

The following supporting documents shall, at a minimum, accompany each nonlaborer claim for recovery from the fund:

(1) one of the following:

[(a) a copy of the written contract between the homeowner and the contracting entity; or

(b) a copy of a civil judgment containing a finding that the homeowner entered into a written contract in compliance the requirements of Subsection 38-11-204(3)(a);

(2)(a) if the homeowner contracted with an original contractor, documentation issued by the division that the original contractor was licensed or exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act on the date the contract was entered into;

(b) if the homeowner contracted with a real estate developer:

(i) credible evidence that the contracting entity had an ownership interest in the property;

(ii) a copy of the contract between the contracting entity and the contractor that built the residence or other credible evidence showing the existence of such a contract and setting forth a description of the services provided to the contracting entity by the contractor; and

(iii) credible evidence that the real estate developer offered the residence for sale to the public;

(c) if the homeowner contracted with a manufactured housing retailer, a copy of the completed retail purchase contract;

(3) one of the following:

(a) an affidavit from the contracting entity acknowledging that the homeowner paid the contracting entity in full in accordance with the written contract and any amendments to the contract;

(b) a copy of a civil judgment containing a finding that the homeowner paid the contracting entity in full in accordance with the written contract and any amendments to the contract; or

(c) other credible evidence establishing that the homeowner paid the contracting entity in full in accordance with the written contract and any amendments to the contract;](a) a copy of the certificate of compliance issued by the Division for the residence at issue in the claim;

(b) the documents required in Section R156-38-204a; or

(c) a copy of a civil judgment containing findings of fact that:

(i) the homeowner entered a written contract in compliance with Subsection 38-11-204(3)(a);

(ii) the contracting entity was licensed or exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act;

(iii) the homeowner paid the contracting entity in full in accordance with the written contract and any amendments to the contract; and

(iv) the homeowner is an owner as defined in Subsection 38-11-102(16) and the residence is an owner-occupied residence as defined in Subsection 38-11-102(17);

([4]2) one [or more ]of the following as applicable:

(a) a copy of an action date stamped by a court of competent jurisdiction filed by the claimant against the nonpaying party to recover monies owed for qualified services performed on the owner-occupied residence, filed within 180 days from the date the claimant last provided qualified services; or

(b) [a copy of the Notice of Commencement of Action filed with the division; or

(c) ]documentation that a bankruptcy filing by the nonpaying party prevented the claimant from satisfying Subsection[s] (a)[ and (b)];

([5]3) one of the following:

(a) a copy of a civil judgment entered in favor of the claimant against the nonpaying party containing a finding that the nonpaying party failed to pay the claimant pursuant to their contract; or

(b) documentation that a bankruptcy filing by the nonpaying party prevented the claimant from obtaining a civil judgment, including a copy of the proof of claim filed by the claimant with the bankruptcy court, together with credible evidence establishing that the nonpaying party failed to pay the claimant pursuant to their contract;

([6]4) one or more of the following as applicable:

(a) a copy of a supplemental order issued following the civil judgment entered in favor of the claimant and a copy of the return of service of the supplemental order indicating either that service was accomplished on the nonpaying party or that said nonpaying party could not be located or served;

(b) a writ of execution issued if any assets are identified through the supplemental order or other process, which have sufficient value to reasonably justify the expenditure of costs and legal fees which would be incurred in preparing, issuing, and serving execution papers and in holding an execution sale; or

(c) documentation that a bankruptcy filing or other action by the nonpaying party prevented the claimant from satisfying Subparagraphs (a) and (b);

([7]5) certification that the claimant is not entitled to reimbursement from any other person at the time the claim is filed and that the claimant will immediately notify the presiding officer if the claimant becomes entitled to reimbursement from any other person after the date the claim is filed; and[

(8) one of the following:

(a) an affidavit from the homeowner establishing that he is an owner as defined in Subsection 38-11-102(15) and that the residence is an owner-occupied residence as defined by Subsection 38-11-102(16);

(b) a copy of a civil judgment containing a finding that the homeowner is an owner as defined by Subsection 38-11-102(15) and that the residence is an owner-occupied residence as defined by Subsection 38-11-102(16); or

(c) documentation that the claimant has been prevented from obtaining an owner-occupied residence affidavit together with credible evidence establishing that the homeowner is an owner as defined by Subsection 38-11-102(15) and that the residence is an owner-occupied residence as defined by Subsection 38-11-102(16).]

([9]6) one or more of the following:

(a) a copy of invoices setting forth a description of, the performance dates of, and the value of the qualified services claimed;

(b) a copy of a civil judgment containing a finding setting forth a description of, the performance dates of, and the value of the qualified services claimed; or

(c) credible evidence setting forth a description of, the performance dates of, and the value of the qualified services claimed.

(7) If the claimant is requesting payment of costs and attorney fees not specifically enumerated in the judgment against the nonpaying party, the claim shall include documentation of those costs and fees adequate for the Division to apply the requirements set forth in Section R156-38-204d.

([10]8) In claims in which the presiding officer determines that the claimant has made a reasonable but unsuccessful effort to produce all documentation specified under this rule to satisfy any requirement to recover from the fund, the presiding officer may elect to accept the evidence submitted by the claimant if the requirements to recover from the fund can be established by that evidence.

([11]9) A separate claim must be filed for each residence and a separate filing fee must be paid for each claim.

 

R156-38-204c. Claims Against the Fund by Laborers - Supporting Documents.

(1) The following supporting documents shall, at a minimum, accompany each laborer claim for recovery from the fund:

(a) one of the following:

(i) a copy of a wage claim assignment filed with the Employment Standards Bureau of the Antidiscrimination and Labor Division of the Labor Commission of Utah for the amount of the claim, together with all supporting documents submitted in conjunction therewith; or

(ii) a copy of an action filed by claimant against claimant's employer to recover wages owed;

(b) one of the following:

(i) a copy of a final administrative order for payment issued by the Employment Standards Bureau of the Antidiscrimination and Labor Division of the Labor Commission of Utah containing a finding that the claimant is an employee and that the claimant has not been paid wages due for work performed at the site of construction on an owner-occupied residence;

(ii) a copy of a civil judgment entered in favor of claimant against the employer containing a finding that the employer failed to pay the claimant wages due for work performed at the site of construction on an owner-occupied residence; or

(iii) a copy of a bankruptcy filing by the employer which prevented the entry of an order or a judgment against the employer;

(c) one of the following:

(i) a copy of the certificate of compliance issued by the Division for the residence at issue in the claim;

(ii) an affidavit from the homeowner establishing that he is an owner as defined in Subsection 38-11-102([15]16) and that the residence is an owner-occupied residence as defined by Subsection 38-11-102([16]17);

([ii]iii) a copy of a civil judgment containing a finding that the homeowner is an owner as defined by Subsection 38-11-102([15]16) and that the residence is an owner-occupied residence as defined by Subsection 38-11-102([16]17); or

([iii]iv) [documentation that the claimant has been prevented from obtaining an owner-occupied residence affidavit together with independent]other credible evidence establishing that the owner is an owner as defined by Subsection 38-11-102([15]16) and that the residence is an owner-occupied residence as defined by Subsection 38-11-102([16]17).

(2) When a laborer makes claim on multiple residences as a result of a single incident of non-payment by the same employer, the division must require payment of at least one application fee required under Section 38-11-204(1)(b) and at least one registration fee required under Subsection 38-11-204(7), but may waive additional application and registration fees for claims for the additional residences, where no legitimate purpose would be served by requiring separate filings.

 

R156-38-204d. Calculation of Costs, Attorney Fees and Interest for Payable Claims.

(1) Payment for qualified services, costs, attorney fees, and interest shall be made as specified in Section 38-11-203.

(2) When a claimant provides qualified service on multiple [residences]properties, irrespective of whether those [residences]properties are owner-occupied residences, and files claim for payment on some or all of those [residences]properties and the claims are supported by a single judgment or other common documentation and the judgment or documentation does not differentiate costs and attorney fees by [residence]property, the amount of costs and attorney fees shall be allocated among the related [residences]properties using the following formula: (Qualified services attributable to the owner-occupied residence at issue in the claim divided by Total qualified services awarded as judgment principal or total documented qualified services) x Total costs or total attorney fees.

(3)(a) For claims wherein the claimant has had judgment entered against the nonpaying party, post-judgment costs shall be limited to those costs allowable by a district court, such as costs of service, garnishments, or executions, and shall not include postage, copy expenses, telephone expenses, or other costs related to the preparation and filing of the claim application.

(b) For claims wherein the nonpaying party's bankruptcy filing precluded the claimant from having judgment entered against the nonpaying party, total costs shall be limited to those costs that would have been allowable by the district court had judgment been entered, such as, but not limited to, costs of services, garnishments, or executions, and shall not include postage, copy expenses, telephone expenses, or other costs related to the preparation and filing of the claim application.

(4) The interest rate[(s)] or rates applicable to a claim shall be the rate for the year or years in which payment for the qualified services was due.

 

R156-38-204[b]e. Format for Notice of Commencement of Action.

The Notice of Commencement required under Subsection R156-38-204a(5)(b) shall be in substantially the following format:

 

TABLE I
BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING
OF THE DEPARTMENT OF COMMERCE
OF THE STATE OF UTAH

     John Doe,                      :     Notice of Commencement

          Plaintiff                 :            of Action

                                    :

               -vs-                 :     NCA No.

                                    :

     Richard Roe,                   :

          Defendant                 :



     Notice is hereby provided of the filing of Case No. 

(number) on (date) before (Court).



     Brief explanation of nature of case:



     Address of defendant:



     Name and address of potential fund claimant:



     Name and address of original contractor, subcontractor, 

real estate developer, and/or factory built housing retailer 

described in Subsection 38-11-204(3)(c):



     For each owner-occupied residence included in the civil 

action:



          Name and address of the owner of the owner-occupied 

residence;



          Street address of the owner-occupied residence;



          Amount of damages sought against the owner-occupied 

residence;



          Last date qualified services were provided for the 

owner-occupied residence by the potential fund claimant:



              Signature of Claimant or claimant's representative



              Date of signature

 

R156-38-301a. Contractor Registration as a Qualified Beneficiary - All License Classifications Required to Register Unless Specifically Exempted - Exempted Classifications.

(1) All license classifications of contractors are determined to be regularly engaged in providing qualified services for purposes of automatic registration as a qualified beneficiary, as set forth in Subsections 38-11-301(1) and (2), with the exception of the following license classifications:

 

TABLE II

    Primary

     Classification   Subclassification

     Number           Number              Classification



      E100                       General Engineering Contractor

                       S211      Boiler Installation Contractor

                       S213      Industrial Piping Contractor

                       S262      Granite and Pressure Grouting

                                   Contractor

      S320                       Steel Erection Contractor

                       S321      Steel Reinforcing Contractor

                       S322      Metal Building Erection

                                   Contractor

                       S323      Structural Stud Erection

                                   Contractor

      S340                       Sheet Metal Contractor

      S360                       Refrigeration Contractor

      S440                       Sign Installation Contractor

                       S441      Non Electrical Outdoor

                                   Advertising Sign Contractor

      S450                       Mechanical Insulation Contractor

      S470                       Petroleum System Contractor

      S480                       Piers and Foundations Contractor

      I101                       General Engineering Trades

                                   Instructor

      I102                       General Building Trades

                                   Instructor

      I103                       General Electrical Trades

                                   Instructor

      I104                       General Plumbing Trades

                                   Instructor

      I105                       General Mechanical Trades

                                   Instructor

 

(2) Any person holding a license requiring registration in the fund that is on inactive status on the assessment date of any special assessment of the fund, [shall be exempt from]may defer payment of that special assessment and any assessment made during the time the license remains on inactive status and the licensee does not engage in the licensed occupation or profession.

(3) Before a licensee can be reinstated to an active status, the licensee must pay:

(a) the initial assessment of $195 assessed July 1, 1995, if that assessment has never been paid by that licensee; and

(b) [the most recent]all unpaid special assessments[ immediately preceding the date on which the license is reinstated to active status].

 

KEY: licensing, contractors, liens

[February 3, ]2004

Notice of Continuation April 6, 2000

38-11-101

58-1-106(1)(a)

58-1-202(1)(a)