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Utah Administrative Code (Current through November 1, 2019) |
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R70. Agriculture and Food, Regulatory Services |
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R70-910. Registration of Servicepersons for Commercial Weighing and Measuring Devices |
| R70-910-1. Authority |
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Promulgated under Section 4-9-103. |
| R70-910-2. Policy |
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(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 registration of an individual who: (a) 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 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. (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 |
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(1) "Registered Serviceperson" means any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, reconditions, calibrates or places into service a commercial weighing or measuring device, and who is registered by the Department of Agriculture and Food to perform these services. (2) "Service Agency" means any agency, firm, company, or corporation which, for hire, award, commission, or any other payment of any kind, installs, services, repairs, reconditions, calibrates or places into service a commercial weighing or measuring device. (3) "Commercial Weighing and Measuring Device" 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 |
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The Department of Agriculture and Food may enter into a reciprocal agreement with any other State or States that have similar registration policies. Under such agreement, the registered servicepersons 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 |
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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 registered serviceperson. Registration shall expire December 31 of each year, and shall be renewed annually. |
| R70-910-6. Registration |
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(1) An individual may apply for registration to place into service commercial weighing or measuring devices on the Department of Agriculture and Food's application form. An applicant also shall submit appropriate evidence 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) The department shall provide a class and examination opportunity for new servicepersons within two weeks of notification. |
| R70-910-7. Certificate of Registration |
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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 Registrant |
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The bearer of a Certificate of Registration shall have the authority to: (1) 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) 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. |
| R70-910-9. Place in Service Report |
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The Department of Agriculture and Food shall make available to each registered serviceperson the official Placed in Service Report form. A placed in service report shall be submitted within 24 hours to the department by the serviceperson for each rejected device restored to service and for each newly installed device placed in service. 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. A duplicate copy of the report shall be retained by the owner or operator of the device, and a duplicate copy of the report shall be retained by the registered serviceperson or her employer. |
| R70-910-10. Standards and Testing Equipment |
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(1) A registered serviceperson 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. (2) A registered serviceperson 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 |
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(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 |
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No registered serviceperson shall be qualified to place in service or remove a rejection tag from a heavy capacity scale unless 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. |
| R70-910-13. Unlawful Acts Specified |
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(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. |
| R70-910-14. Suspension or Revocation of Certificate of Registration |
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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 63G-4. |
| R70-910-15. Publication of Lists of Service Agencies and Registered Servicepersons |
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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 |
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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 |
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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. |