Utah Code 53-9-102. Definitions
Current as of: 2023 | Check for updates
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In this chapter, unless otherwise stated:
(1) | “Adequate records” means records containing, at a minimum, sufficient information to identify the client, the dates of service, the fee for service, the payments for service, the type of service given, and copies of any reports that may have been made. |
(2) | “Advertising” means the submission of bids, contracting or making known by any public notice, publication, or solicitation of business, directly or indirectly, that services regulated under this chapter are available for consideration. |
(3) | “Agency” means a person who holds an agency license pursuant to this chapter, and includes one who employs an individual for wages and salary, and withholds all legally required deductions and contributions, or contracts with a registrant or an apprentice on a part-time or case-by-case basis to conduct an investigation on behalf of the agency. |
(4) | “Applicant” means any person who has submitted a completed application and all required fees. |
(5) | “Apprentice” means a person who holds an apprentice license pursuant to this chapter, has not met the requirements for registration, and works under the direct supervision and guidance of an agency. |
(6) | “Board” means the Private Investigator Hearing and Licensure Board created in Section 53-9-104. |
(7) | “Bureau” means the Bureau of Criminal Identification created in Section 53-10-201. |
(8) | “Commissioner” means the commissioner of the Department of Public Safety. |
(9) | “Conviction” means an adjudication of guilt by a federal, state, or local court resulting from trial or plea, including a plea of no contest, regardless of whether the imposition of sentence was suspended. |
(10) | “Department” means the Department of Public Safety. |
(12) | “Emergency action” means a summary suspension of a license pending revocation, suspension, or probation in order to protect the public health, safety, or welfare. |
(13) | “Employee” means an individual who works for an agency or other employer, is listed on the agency’s or employer’s payroll records, and is under the agency’s or employer’s direction and control. An employee is not an independent contractor. |
(14) | “Identification card” means a card issued by the commissioner to a qualified applicant for an agency, registrant, or apprentice license. |
(15) | “Letter of concern” means an advisory letter to notify a licensee that while there is insufficient evidence to support probation, suspension, or revocation of a license, the department informs the licensee of the need to modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the licensee. |
(16) | “Licensee” means a person to whom an agency, registrant, or apprentice license is issued by the department. |
(17) |
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(18) | “Qualifying party” means the individual meeting the qualifications under this chapter for a private investigator license. |
(19) | “Registrant” means any person who holds a registrant license pursuant to this chapter. The registrant performs private investigative work either as an employee on an employer’s payroll or, on a contract with an agency, part-time, or case-by-case basis, with a minimum amount of direction. |
(20) | “Restructuring” means any change in the legal status of a business. |
(21) | “Unprofessional conduct” means any of the following:
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Amended by Chapter 432, 2011 General Session