40-2-403. Certificate by endorsement.
| (1) |
As used in this section, “license” means an authorization that permits the holder to engage in the practice of an occupation described in Section 40-2-402. |
Terms Used In Utah Code 40-2-403
- Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 40-2-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (2) |
Subject to Subsections (4) through (6), the commission shall issue a certificate described in Section 40-2-401 to an applicant who has been licensed in another state, district, or territory of the United States if:
| (a) |
the commission determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the certificate; |
| (b) |
the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and |
| (c) |
the applicant’s license is in good standing in the other state, district, or territory. |
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| (3) |
Subject to Subsections (4) through (6), the commission may issue a certificate described in Section 40-2-401 to an applicant who:
| (a) |
has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:
| (i) |
| (A) |
the commission determines that the applicant’s education, experience, and skills demonstrate competency in the occupation for which certification is sought; and |
| (B) |
the applicant has at least one year of experience practicing under the license issued in the other state, district, territory, or jurisdiction; or |
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| (ii) |
the commission determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the certificate; or |
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| (b) |
has never been licensed in a state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:
| (i) |
the applicant was educated in or obtained relevant experience in a state, district, or territory of the United States, or a jurisdiction outside of the United States; and |
| (ii) |
the commission determines that the education or experience was substantially similar to the education or experience requirements for the certificate. |
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| (4) |
The commission may refuse to issue a certificate to an applicant under this section if:
| (a) |
the commission determines that there is reasonable cause to believe that the applicant is not qualified to receive the certificate; or |
| (b) |
the applicant has a previous or pending disciplinary action related to the applicant’s other license. |
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| (5) |
Before the commission issues a certificate to an applicant under this section, the applicant shall:
| (a) |
pay a fee determined by the commission under Section 63J-1-504; and |
| (b) |
produce satisfactory evidence of the applicant’s identity, qualifications, and good standing in the occupation for which certification is sought. |
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Enacted by Chapter 222, 2023 General Session
