(1) |
Terms Used In Utah Code 38-1a-202- Alternate means: means a method of filing a legible and complete notice or other document with the registry other than electronically, as established by the division by rule. See Utah Code 38-1a-102
- Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102
- Contestable notice: means a notice of preconstruction service under Section 38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506. See Utah Code 38-1a-102
- Contract: A legal written agreement that becomes binding when signed.
- Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102
- Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
- Registry: means the State Construction Registry under 2. See Utah Code 38-1a-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a) |
The division shall contract, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, with a third party to establish and maintain the registry for the purposes established under this part. |
(b) |
The designated agent is not an agency, instrumentality, or political subdivision of the state. |
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(2) |
(a) |
The third party under contract under this section is the division’s designated agent, and shall develop and maintain a registry from the information provided by:
(i) |
local government entities issuing building permits; |
(ii) |
original contractors; |
(iv) |
construction lenders; and |
(v) |
other interested persons. |
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(b) |
The registry shall accommodate filings by third parties on behalf of clients. |
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(3) |
(a) |
The division shall make rules and develop procedures for:
(iii) |
the form of submission of a filing by alternate means, which may include procedures for rejecting an illegible or incomplete filing. |
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(4) |
(a) |
The designated agent shall archive computer data files at least semiannually for auditing purposes. |
(b) |
The division shall make rules to allow the designated agent to periodically archive projects from the registry. |
(c) |
The designated agent may not archive a project earlier than:
(i) |
one year after the day on which a notice of completion is filed for a construction project; |
(ii) |
if no notice of completion is filed, two years after the last filing activity for a project; or |
(iii) |
one year after the day on which a contestable notice is cancelled under Section 38-1a-307. |
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(d) |
The division may audit the designated agent’s administration of the registry as often as the division considers necessary. |
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(5) |
The designated agent shall carry errors and omissions insurance in the amounts that the division establishes by rule. |
(6) |
(a) |
The designated agent shall make reasonable efforts to assure the accurate entry into the registry of information provided by alternate means. |
(b) |
The designated agent shall meet or exceed standards established by the division for the accuracy of data entry for information on documents filed by alternate means. |
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(7) |
The designated agent is not liable for the correctness of the information contained in a document filed by alternate means which the registered agent enters into the database. |
Renumbered and Amended by Chapter 278, 2012 General Session
Amended by Chapter 347, 2012 General Session