No. 31992 (Amendment): R70-910. Voluntary Registration of Servicemen and Service Agencies for Commercial Weighing and Measuring Devices

DAR File No.: 31992
Filed: 10/02/2008, 07:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to improve the effectiveness of the state mandate to assure that commercial weighing and measuring devices are properly placed into service and maintained.

Summary of the rule or change:

This rule: a) makes registration a requirement rather than a voluntary action; b) requires registered service persons to demonstrate competency every three years by attending a free state-provided training course and passing an exam; c) removes the requirement for service agencies to be registered; d) requires security seals to be submitted; and e) requires the Department to notify the employer whenever a registration is suspended or revoked.

State statutory or constitutional authorization for this rule:

Sections 4-9-2 and 4-9-5.4

Anticipated cost or savings to:

the state budget:

There will be no impact to the state budget because the Division will internally reallocate resources from inspections to education and training services.

local governments:

The rule places no responsibility on local government. There should be no cost or savings to them.

small businesses and persons other than businesses:

The rule should provide cost savings for petroleum retailers and consumers. An aggregate savings of $150 annually to the service agencies in Utah.

Compliance costs for affected persons:

Registered service persons will spend about four hours of their time every three years to sit for the training course and take the exam.

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

Implementation of this rule will improve the overall effectiveness of the Weights and Measure program and will provide added assurances that both the seller and buyer have equity in the marketplace. Leonard M. Blackham, Commissioner

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

Agriculture and Food
Regulatory Services
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034

Direct questions regarding this rule to:

Richard W Clark, Kathleen Mathews, Brett Gurney, or Kyle Stephens at the above address, by phone at 801-538-7150, 801-538-7103, 801-538-7158, or 801-538-7102, by FAX at 801-538-7126, 801-538-7126, 801-538-7126, or 801-538-7126, or by Internet E-mail at [e-mail], [e-mail], [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:

12/01/2008

This rule may become effective on:

12/08/2008

Authorized by:

Leonard M. Blackham, Commissioner

RULE TEXT

R70. Agriculture and Food, Regulatory Services.

R70-910. [Voluntary ]Registration of [Servicemen]Servicepersons [and Service Agencies ]for Commercial Weighing and Measuring Devices.

R70-910-1. Authority.

Promulgated under Section 4-9-2.

 

R70-910-2. Policy.

(1) It shall be the policy of the Division of Regulatory Services, Weights and Measures Program, of the Utah Department of Agriculture and Food to accept [voluntary ]registration of[:

A. ] an individual [and/or]who:

(a)[B. an agency that p]Provides acceptable evidence of all business licenses required by the applicable cities, counties or states to conduct business, if self-employed, or his employer's if not self-employed; provides acceptable evidence as demonstrated by attending Department of Agriculture and Food provided training and successfully passing an exam administered by the department, that [he or it]she is fully qualified to install, service, repair, or recondition a commercial weighing or measuring device[;] and has a thorough working knowledge of all appropriate weights and measures laws, orders, rules, and regulations; and

(b) has possession of, or has accessible for his use, weights and measures standards and testing equipment certified by the Department of Agriculture and Food to be appropriate in design and capacity.[ This policy shall in no way preclude or limit the right and privilege of any qualified individual or agency not registered with the Department of Agriculture and Food to install, service, repair, or recondition a commercial weighing or measuring device.]

(2) It shall be unlawful for any individual to place into public or commercial service any weighing or measuring device prior to being tested and sealed by a registered serviceperson.

 

R70-910-3. Definitions.

[A.](1) "Registered [Servicemen]Serviceperson" [- shall be construed to ]means any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, [or ]reconditions, calibrates or places into service a commercial weighing or measuring device, and who is [voluntarily registers himself as such ]registered [with]by the Department of Agriculture and Food to perform these services.

[B.](2) "[Registered ]Service Agency"[ - shall be construed to] means any agency, firm, company, or corporation which, for hire, award, commission, or any other payment of any kind, installs, services, repairs, [or ]reconditions, calibrates or places into service a commercial weighing or measuring device[, and which voluntarily registers itself as such with the Department of Agriculture and Food. Under agency registration, identification of individual servicemen shall be required].

[C.](3) "Commercial Weighing and Measuring Device" [- shall include]means any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, product, or articles for distribution or consumption, purchased, offered or submitted for sale, hire, or award or in computing any basic charge or payment for services rendered on the basis of weight or measure, and shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects, or may affect, the accuracy of the device.

(4) "Security Seal" means a uniquely identifiable physical seal, such as a lead-and-wire seal or other type of locking seal, or similar apparatus attached to a weighing or measuring device for protection against or indication of access to adjustment.

(5) "Placed in service report" means a report, completed on a department form for declaring that a commercial weighing or measuring device has been put into service.

 

R70-910-4. Reciprocity.

The Department of Agriculture and Food may enter into a reciprocal agreement with any other State or States that have similar [voluntary ]registration policies. Under such agreement, the [R]registered [Servicemen]servicepersons [and the Registered Service Agencies ]of the States party to the reciprocal agreement are granted full reciprocal authority, including reciprocal recognition of certification of standards and testing equipment, in all states party to such agreement.

 

R70-910-5. Registration Fee.

Upon application for and renewal of registration, the applicant shall pay to the Department of Agriculture and Food a registration fee determined by the department pursuant to subsection 4-2-2(2) for a [R]registered [Serviceman]serviceperson[ and/or Registered Service Agency]. Registration shall expire December 31 of each year, and shall be renewed annually.

 

R70-910-6. [Voluntary ]Registration.

(1) An individual [or agency ]may apply for [voluntary ]registration to place into service commercial weighing [devices ]or measuring devices on the Department of Agriculture and Food's[an] application form[ supplied by the Department of Agriculture and Food. Said form, duly signed and witnessed, shall include certification by the applicant that the individual or agency is fully qualified to install, service, repair, or recondition such devices as specified upon registration; has in possession, or available for his use, all necessary testing equipment and standards; and has full knowledge of all appropriate weights and measures laws, orders, rules, and regulation]. An applicant also shall submit appropriate evidence [or references as to qualifications.]of having passed a department approved exam that measures the applicant's knowledge of device installation, service, repair and maintenance and applicable laws, orders, rules and regulations.

(2) The department shall provide a device service training class and administer a proficiency examination. The proficiency examination will test the basic knowledge required for competency as a serviceperson. The passing score on the examination shall be above 80%.

(3) An examinee who fails the device service proficiency examination shall retake the training class in order to retake the examination.

(4) The department may revise the examination to address knowledge of changes in the law or technology.

(5) Training class attendance and successful completion of the examination may be used to apply for a Certificate of Registration for three successive registration cycles.

(6) Servicepersons who are employed by a service agency that provides training shall notify the department and shall have up to 30 days to become registered.

(a) Beginning January 1, 2009, the department shall provide a class and examination opportunity for new servicepersons within two weeks of notification.

 

R70-910-7. Certificate of Registration.

Upon receipt and acceptance of a properly executed application form, the Department of Agriculture and Food shall issue to the applicant a "Certificate of Registration," including an assigned registration number, which shall remain effective until returned by the applicant, withdrawn by the Department of Agriculture and Food, or registration expires.

 

R70-910-8. Privileges of a [Voluntary ]Registrant.

The bearer of a Certificate of Registration shall have the authority to:

(1) [r]Remove an official rejection tag or mark placed on a weighing or measuring device by the authority of the Department of Agriculture and Food; and

(2) [p]Place in service, until such time as an official examination can be made, a commercial weighing or measuring device that has been newly installed, routinely calibrated or officially rejected[;].[ and place in service, until such time as an official examination can be made, a new or used weighing or measuring device.]

 

R70-910-9. Place in Service Report.

The Department of Agriculture and Food shall [furnish]make available to each [R]registered [Serviceman]serviceperson [and Registered Service Agency]the official [with a supply of report forms to be known as "]Placed in Service Report[s"]form. [Such a form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by a Registered Serviceman or by a serviceman representing a]A placed in service report shall be submitted within 24 hours to the department by the serviceperson [Registered Agency ]for each rejected device restored to service and for each newly installed device placed in service. [Within 24 hours after a device is restored to service, or placed in service, the original of the properly executed Place in Service Report, together with any official rejection tag removed from the device,]All official rejection tags or marks removed from the device shall be mailed to the Department of Agriculture and Food, the Division of Regulatory Services, Weights and Measures Program, 350 North Redwood Rd, PO Box 146500, Salt Lake City, UT 84114-6500. [The]A duplicate copy of the report shall be retained by the owner or operator of the device, and [the triplicate]a duplicate copy of the report shall be retained by the [R]registered [Serviceman]serviceperson or [Agency]her employer.

 

R70-910-10. Standards and Testing Equipment.

(1) A [R]registered [Serviceman]serviceperson [and a Registered Service Agency ]shall submit, at least biennially to the Department of Agriculture and Food, for examination and certification, any testing equipment and standards that are used, or are to be used, in calibrating or placing into service a commercial weighing and measuring device[the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered].

(2) A [R]registered [Serviceman]serviceperson [or Agency shall]may not use, in officially servicing commercial weighing or measuring devices, any standards or testing equipment that have not been certified by the Department of Agriculture and Food.

 

R70-910-11. Security Seals Required to be Submitted.

(1) A registered serviceperson shall submit to the department the seal that she will use.

(A) If the seal belongs to the registered serviceperson's employer, the serviceperson shall identify the employer.

(2) When a registered serviceperson changes his seal, he shall submit the seal and employer's identification to the department prior to it being used.

(3) A registered serviceperson who uses their own seal shall submit that seal to the department.

(4) When a registered serviceperson changes their own seal, he or she shall submit the seal to the department prior to it being used.

 

R70-910-12. Qualification to Service Heavy Capacity Scales.

No registered [service agency or serviceman]serviceperson shall be qualified to place in service or remove a [R]rejection [T]tag from a heavy capacity scale unless [such registered service agency or serviceman]he has adequate testing weights certified by the Utah Department of Agriculture and Food, Division of Regulatory Services, Weights and Measures Program. Adequate testing weights shall be deemed to be 10,000 pounds of test weights or one-fourth the capacity of the scale, whichever is less.

 

R70-910-[12]13. [Revocation of Certificate of Registration.]Unlawful Acts Specified.

(1) It shall be unlawful for any non-registered individual to:

(a) place into public or commercial service a weighing or measuring device; or

(b) to represent themselves as being registered as a serviceperson by the department.[ The Department of Agriculture and Food may, for good cause, after careful investigation, consideration, and due notice and process which shall include an opportunity for a hearing, suspend or revoke a Certificate of Registration, Section 4-1-5 and Section 63-46b.]

 

R70-910-[13]14. [Publication of Lists of Registered Servicemen and Registered Service Agencies.]Suspension or Revocation of Certificate of Registration.

The Department of Agriculture and Food may, for good cause, after careful investigation, consideration, and due notice and process which shall include an opportunity for a hearing, suspend or revoke a Certificate of Registration, Section 4-1-5 and Section 63-46b.[The Department of Agriculture and Food shall publish, and may supply upon request, lists of Registered Servicemen and Registered Service Agencies.]

 

R70-910-15. Publication of Lists of Service Agencies and Registered Servicepersons.

The Department of Agriculture and Food shall publish, and may supply upon request, lists of registered servicepersons and those service agencies which commit to using registered servicepersons to calibrate commercial weighing and measuring devices or place them in service. The department may remove from the lists a service agency found to have used a non-registered service person to calibrate or place into service a commercial weighing or measuring device.

 

R70-910-16. Notification of Service Agency.

Whenever the voluntary registration of a service person is suspended or revoked, the department shall notify the known employing service agency within three working days.

 

R70-910-17. Notification of Changed Equipment.

Whenever a voluntarily registered serviceperson changes any testing equipment and standards that are used, or are to be used, in calibrating or placing into service a commercial weighing and measuring device, the serviceperson shall notify and provide proof to the department that the testing equipment or standard has been approved by an official state metrologist.

 

KEY: inspections, weights and measures

Date of Enactment or Last Substantive Amendment: [February 12, 2002]December 8, 2008

Notice of Continuation: November 3, 2005

Authorizing, and Implemented or Interpreted Law: 4-9-2