58-1-106.  Division — Duties, functions, and responsibilities.

(1)  The duties, functions, and responsibilities of the division include the following:

Terms Used In Utah Code 58-1-106

  • 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.
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Writing: includes :Utah Code 68-3-12.5
(a)  prescribing, adopting, and enforcing rules to administer this title;

(b)  investigating the activities of any person whose occupation or profession is regulated or governed by the laws and rules administered and enforced by the division;

(c)  subpoenaing witnesses, taking evidence, and requiring by subpoena duces tecum the production of any books, papers, documents, records, contracts, recordings, tapes, correspondence, or information relevant to an investigation upon a finding of sufficient need by the director or by the director’s designee;

(d)  taking administrative and judicial action against persons in violation of the laws and rules administered and enforced by the division, including the issuance of cease and desist orders;

(e)  seeking injunctions and temporary restraining orders to restrain unauthorized activity;

(f)  complying with Title 52, Chapter 4, Open and Public Meetings Act;

(g)  issuing, refusing to issue, revoking, suspending, renewing, refusing to renew, or otherwise acting upon any license;

(h)  preparing and submitting to the governor and the Legislature an annual report of the division’s operations, activities, and goals;

(i)  preparing and submitting to the executive director a budget of the expenses for the division;

(j)  establishing the time and place for the administration of examinations; and

(k)  preparing lists of licensees and making these lists available to the public at cost upon request unless otherwise prohibited by state or federal law.

(2)  The division may not include home telephone numbers or home addresses of licensees on the lists prepared under Subsection (1)(k), except as otherwise provided by rules of the division made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(3) 

(a)  The division may provide the home address or home telephone number of a licensee on a list prepared under Subsection (1) upon the request of an individual who provides proper identification and the reason for the request, in writing, to the division.

(b)  A request under Subsection (3)(a) is limited to providing information on only one licensee per request.

(c)  The division shall provide, by rule, what constitutes proper identification under Subsection (3)(a).

(4) 

(a)  Notwithstanding any contrary provisions in Title 63G, Chapter 2, Government Records Access and Management Act, the division may share licensee information with:

(i)  the division’s contracted agents when sharing the information in compliance with state or federal law; and

(ii)  a person who is evaluating the progress or monitoring the compliance of an individual who has been disciplined by the division under this title.

(b)  The division may make rules to implement the provisions of this Subsection (4).

(5)  All rules made by the division under this title shall be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 318, 2018 General Session

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