No. 37943 (Amendment): Rule R156-55d. Burglar Alarm Licensing Rule

(Amendment)

DAR File No.: 37943
Filed: 08/27/2013 11:11:41 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Alarm System Security and Licensing Board are proposing amendments to this rule to delete definitions included in the rule which contradict the recent passage of H.B. 12 during the 2013 General Legislative Session. The term "knowledge of specific applications" was used in the rule to define access of an alarm company agent in order to help determine if that agent needed a license. The rule provision contradicts the new language in H.B. 12 (2013) which defines new guidelines for licensure of a an alarm company agent. H.B. 12 (2013) replaces" knowledge of specific applications" with the term "access to sensitive information". Therefore, the knowledge of specific applications test for licensure is no longer accurate. The Alarm System Security and Licensing Board has also determined that no further definitions are needed under the H.B. 12 definition of "sensitive alarm system information". The Division and Board are also proposing to amend a provision found under the unprofessional conduct section as that provision is too narrowly tailored and only applicable to limited situations.

Summary of the rule or change:

In Section R156-55d-102, the definitions for "individual employed" and "knowledge of specific applications" are being deleted and the remaining subsections are renumbered. Subsection R156-55d-502(7) is amended as the existing wording is too narrowly tailored and is only applicable to limited situations.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-55-101
• Subsection 58-55-302(3)(k)
• Subsection 58-1-202(1)(a)
• Subsection 58-55-302(4)
• Subsection 58-55-302(3)(l)
• Subsection 58-55-308

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed alarm company agents and licensed alarm companies and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments may result in cost savings to small businesses for employees that no longer need to be licensed as an alarm company agent license. The Division, however, is not able to determine an exact amount of savings due to a wide range of circumstances.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments may result in cost savings to other persons that no longer need to be licensed as an alarm company agent license. The Division, however, is not able to determine an exact amount of savings due to a wide range of circumstances.

Compliance costs for affected persons:

The proposed amendments will not subject affected persons to any additional costs, but rather savings are anticipated as a result of the amendments.

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

This filing responds to H.B. 12 (2013 General Legislative Session) by removing definitions that are no longer necessary under the revised statute. In addition, it clarifies an existing provision regarding unprofessional conduct. No fiscal impact to businesses is anticipated.

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:

• April Ellis at the above address, by phone at 801-530-6254, 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:

10/15/2013

Interested persons may attend a public hearing regarding this rule:

• 09/25/2013 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

10/22/2013

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-55d. Burglar Alarm Licensing Rule.

R156-55d-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 55, as used in Title 58, Chapters 1 and 55, or this rule:

(1) "Immediate supervision", as used in this rule, means reasonable direction, oversight, inspection, and evaluation of the work of a person, in or out of the immediate presence of the supervision person, so as to ensure that the end result complies with applicable standards.

(2) ["Individual employed", as used in Subsection 58-55-102(2), means an individual who is an employee of a licensed burglar alarm company and who has or could have access to knowledge of specific applications.

(3)] "Employee", as used in Subsections 58-55-102(17) and R156-55d-102(1), means an individual providing labor services for compensation who has federal and state taxes withheld and worker's compensation and unemployment insurance provided by the individual's employer.[

(4) "Knowledge of specific applications", as used in Subsection R156-55d-102(1), means obtaining specific information about any premises which is protected or is to be protected by an alarm system. This knowledge is gained through access to records, on-site visits or otherwise gathered through working for an alarm business or company.]

([5]3) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 55, is further defined, in accordance with Subsection 58-1-203(1), in Section R156-55d-502.

 

R156-55d-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) failing as an alarm company to notify the Division of the cessation of performance of its qualifying agent or failing to replace its qualifying agent as required under Section R156-55d-306;

(2) failing as an alarm company agent to carry or display a copy of the licensee's license as required under Section R156-55d-601;

(3) failing as an alarm agent to carry or display a copy of his Electronic Security Association (ESA), formerly known as the National Burglar and Fire Alarm Association (NBFAA) level one certification or equivalent training as required under Section R156-55d-603;

(4) employing as an alarm company a qualifying agent or alarm company agent knowing that individual has engaged in conduct inconsistent with the duties and responsibilities of an alarm company agent.

(5) failing to comply with operating standards established by rule;

(6) a judgment on, or a judicial or prosecutorial agreement concerning a felony, or a misdemeanor involving moral turpitude, entered against an individual by a federal, state or local court, regardless of whether the court has made a finding of guilt, accepted a plea of guilty or nolo contendere by an individual, or a settlement or agreement whereby an individual has entered into participation as a first offender, or an action of deferred adjudication, or other program or arrangement where judgment or conviction is withheld;

(7) making false, misleading, deceptive, fraudulent, or exaggerated claims by an alarm company agent[with respect to the need for an alarm system, the benefits of the alarm system, the installation of the alarm system or the response to the alarm system by law enforcement agencies]; and

(8) an alarm business or company having a residential or commercial false alarm rate 100% above the average of the residential or commercial false alarm rate of the municipality or county jurisdiction in which the alarm business or company's alarm systems are located.

 

KEY: licensing, alarm company, burglar alarms

Date of Enactment or Last Substantive Amendment: [November 22, 2010]2013

Notice of Continuation: February 7, 2012

Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55-302(3)(l); 58-55-302(4); 58-55-308

 

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