Utah Code 38-11-204. Claims against the fund — Requirements to make a claim — Qualifications to receive compensation — Qualifications to receive a certificate of compliance
Current as of: 2023 | Check for updates
|
Other versions
38-11-204. Claims against the fund — Requirements to make a claim — Qualifications to receive compensation — Qualifications to receive a certificate of compliance.
(1) | To claim recovery from the fund a person shall:
|
(2) | To recover from the fund, the application required by Subsection (1) shall be filed no later than one year:
|
(3) | The issuance of a certificate of compliance is governed by Section 38-11-110. |
(4) | To recover from the fund, regardless of whether the residence is occupied by the owner, a subsequent owner, or the owner or subsequent owner’s tenant or lessee, a qualified beneficiary shall establish that:
|
(5) | The requirements of Subsections (4)(d)(ii) and (iii) need not be met if the qualified beneficiary is prevented from compliance because the nonpaying party files bankruptcy. |
(6) | To recover from the fund a laborer shall:
|
(7) | A fee determined by the division under Section 63J-1-504 shall be deducted from any recovery from the fund received by a laborer. |
(8) | The requirements of Subsections (4)(a) and (b) may be satisfied if an owner or agent of the owner establishes to the satisfaction of the director that the owner of the owner-occupied residence or the owner’s agent entered into a written contract with an original contractor who:
|
(9) | The director shall have equitable power to determine if the requirements of Subsections (4)(a), (b), and (f) have been met, but any decision by the director under this chapter shall not alter or have any effect on any other decision by the division under Title 58, Occupations and Professions. |
Amended by Chapter 373, 2017 General Session