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) "Alarm company agent", as defined in Subsection 58-55-102(2), is further defined for clarification to include a direct seller in accordance with 26 U.S.C. Section 3508.

  (2) "Conviction", as used in this rule, means criminal conduct where the filing of a criminal charge has resulted in:

  (a) a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation;

  (b) a pending diversion agreement;

  (c) a plea of nolo contendere;

  (d) a guilty plea;

  (e) a finding of guilt based on evidence presented to a judge or jury; or

  (f) a conviction which has been reduced pursuant to Section 76-3-402.

  (3) "Employee", as used in Subsection 58-55-102(17), means an individual:

  (a) whose manner and means of work performance are subject to the right of control of, or are controlled by, an alarm company;

  (b) whose compensation for federal income tax purposes is reported, or is required to be reported on a W-2 form issued by the company;

  (c) who is entitled to workers compensation and unemployment insurance provided by the individual's employer per state or federal law; and

  (d) who performs services in Utah as an alarm company agent while employed by a licensed alarm company.

  (4) "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.

  (5) "Sensitive alarm system information, as defined in Subsection 58-55-102(39), is further defined for clarification to include any information that would permit a person to compromise, bypass, deactivate, or disable any part of an alarm system. Sensitive alarm system information does not include knowledge of what is installed in the home nor the location, by general description, of the equipment installed unless the knowledge would permit a person to compromise, bypass, deactivate, or disable any part of an alarm system.

  (6) "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.