(1)  In accordance with the process required by Section 63J-1-504, the division shall establish the fees for:

contract signature

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Terms Used In Utah Code 38-1a-206

  • 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
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Registry: means the State Construction Registry under 2. See Utah Code 38-1a-102
  • Required notice: means :
(a) a notice of preconstruction service under Section 38-1a-401;
(b) a preliminary notice under Section 38-1a-501 or Section 38-1b-202;
(c) a notice of commencement;
(d) a notice of construction loan under Section 38-1a-601;
(e) a notice under Section 38-1a-602 concerning a construction loan default;
(f) a notice of intent to obtain final completion under Section 38-1a-506; or
(g) a notice of completion under Section 38-1a-507. See Utah Code 38-1a-102
(a)  required notices, whether filed electronically or by alternate means;

(b)  a request for notification under Section 38-1a-204;

(c)  providing notification of a required notice, whether electronically or by alternate means;

(d)  a duplicate receipt of a filing; and

(e)  account setup for a person who wishes to be billed periodically for filings with the registry.

(2)  The fees allowed under Subsection (1) may not in the aggregate exceed the amount reasonably necessary to create and maintain the registry.

(3)  The fees established by the division may vary by method of filing if one form or means of filing is more costly to process than another form or means of filing.

(4)  The division may provide by contract that the designated agent may retain all fees collected by the designated agent, except that the designated agent shall remit to the division the cost of the division’s oversight.

(5) 

(a)  A person who is delinquent on the payment of a fee established under this section may not file a notice with the registry.

(b)  The division shall make a determination whether a person is delinquent on the payment of a fee for filing established under this section in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(c)  Any order that the division issues in a proceeding described in Subsection (5)(b) may prescribe the method of that person’s payment of fees for filing notices with the registry after issuance of the order.

Enacted by Chapter 278, 2012 General Session

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