R156-55a-302f. Pre-licensure Education - Standards

  (1) Qualifier Education Requirement. The 25-hour pre-licensure course required by Subsection 58-55-302(1)(e)(iii) and the five-hour pre-licensure course required by Subsection 58-55-302(1)(e)(iv) shall be completed by the qualifier for a contractor license applicant.

  (a) Any approved 20-hour pre-licensure course completed by the qualifier before November 30, 2017 shall be accepted by the Division as satisfaction of the 25-hour and five-hour pre-licensure course requirements in Subsection 58-55-302(1)(e)(iii) and (iv).

  (b) Any approved 25-hour pre-license course completed by the qualifier before July 1, 2019 shall be accepted by the Division as satisfaction of the 25-hour and five-hour pre-license course requirements in Subsection 58-55-302(1)(e)(iii) and (iv).

  (2) Content of the 25-hour course. The 25-hour course may include a provider-administered exam at the end of the course for no additional fee, and shall include the following topics and hours of education relevant to the practice of the construction trades consistent with the laws and rules of this state:

  (a) 15 hours of financial responsibility instruction that includes the following:

  (i) record keeping and financial statements;

  (ii) payroll, including:

  (A) payroll taxes;

  (B) worker compensation insurance requirements;

  (C) unemployment insurance requirements;

  (D) professional employer organization (employee leasing) alternatives;

  (E) prohibitions regarding paying employees on 1099 forms as independent contractors, unless licensed or exempted;

  (F) employee benefits; and

  (G) Fair Labor Standard Act;

  (iii) cash flow;

  (iv) insurance requirements including auto, liability, and health; and

  (v) independent contractor licensure and exemption requirements;

  (b) six hours of construction business practices that includes the following:

  (i) estimating and bidding;

  (ii) contracts;

  (iii) project management;

  (iv) subcontractors; and

  (v) suppliers;

  (c) two hours of regulatory requirements that includes the following:

  (i) licensing laws;

  (ii) Occupational Safety and Health Administration (OSHA);

  (iii) Environmental Protection Agency (EPA); and

  (iv) consumer protection laws; and

  (d) two hours of mechanic lien fundamentals that include the State Construction Registry.

  (3) Content of the five-hour course. The five-hour course shall include five hours of education on the topics covered in the Utah Contractor Business and Law examination. The five-hour course may include a provider-administered exam at the end of the course for no additional fee.

  (4) Program Schedule.

  (a) An approved pre-licensure course provider shall offer the 25-hour and five-hour course:

  (i) at least 12 times per year; and

  (ii) comply with Subsection 58-55-102(7)(b).

  (b) An approved pre-licensure course provider is not obligated to provide a course if the provider determines the enrollment is not sufficient to reach breakeven on cost.

  (5) Program Instruction Requirements: The pre-licensure course shall meet the following standards:

  (a) Time. Each hour of pre-licensure course credit shall consist of 50 minutes of education in the form of live lectures or training sessions. Time allowed for lunches or breaks may not be counted as part of the course time for which course credit is issued.

  (b) Learning Objectives. The learning objectives of the pre-licensure course shall be reasonably and clearly stated.

  (c) Teaching Methods. The pre-licensure course shall be presented in a competent and well organized manner consistent with the stated purpose and objective of the program. The student must demonstrate knowledge of the course material.

  (d) Faculty. The pre-licensure course shall be prepared and presented by individuals who are qualified by education, training or experience.

  (e) Distance Learning. Distance learning, internet courses, and home study courses are not allowed to meet pre-licensure course requirements.

  (f) Registration and Attendance. The provider shall have a competent method of registration and verification of attendance of individuals who complete the pre-licensure education.

  (g) Education Curriculum and Study/Resource Guide. The provider shall be responsible to provide or develop pre-licensure course curriculum and study/resource guide for the pre-licensure course that must be pre-approved by the Commission and the Division prior to use by the provider.

  (h) Live Broadcast. The pre-licensure education course may be taught by live broadcast if:

  (i) the student and the instructor are able to see and hear each other; and

  (ii) a representative of the provider is at any remote location to monitor registration and attendance at the course.

  (6) Certificates of Completion. The pre-licensure course provider shall provide individuals completing the pre-licensure course a certificate that contains the following information:

  (a) the date of the pre-licensure course;

  (b) the name of the pre-licensure course provider;

  (c) the attendee's name;

  (d) verification of completion; and

  (e) the signature of the pre-licensure course provider.

  (7) Reporting of Program Completion. A pre-licensure course provider shall, within seven calendar days, submit directly to the Division verification of attendance and completion on behalf of persons attending and completing the program. This verification shall be submitted on forms provided by the Division.

  (8) Program Monitoring. On a random basis, the Division or Commission may assign monitors at no charge to attend a pre-licensure course for the purpose of evaluating the course and the instructor(s).

  (9) Documentation Retention. Each provider shall for a period of four years maintain adequate documentation as proof of compliance with this section and shall, upon request, make such documentation available for review by the Division or the Commission. Documentation shall include:

  (a) the dates of all pre-licensure courses that have been completed;

  (b) registration and attendance logs of individuals who completed the pre-licensure course;

  (c) the name of instructors for each course provided as a part of the program; and

  (d) pre-licensure course handouts and materials.

  (10) Disciplinary Proceedings. As provided in Section 58-1-401 and Subsection 58-55-302(1)(e)(iii), the Division may refuse to renew or may revoke, suspend, restrict, place on probation, issue a public reprimand to, or otherwise act upon the approval of any pre-licensure course provider, if the pre-licensure course provider fails to meet any of the requirements of this section or the provider has engaged in other unlawful or unprofessional conduct.

  (11) Exemptions. In accordance with Subsections 58-55-302(1)(e)(iii) and (iv), the following persons are not required to complete the pre-licensure course program requirements:

  (a) a person holding a four-year bachelor degree or a two-year associate degree in Construction Management from an accredited program;

  (b) a person holding an active and unrestricted Utah professional engineer license;

  (c) a person who is or has been a qualifier on an active and unrestricted contractor license within the past five years.