58-1-301. License application — Licensing procedure.
| (1) |
Terms Used In Utah Code 58-1-301- 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
- Writing: includes :Utah Code 68-3-12.5
| (a) |
Each license applicant shall apply to the division in writing upon forms available from the division. |
| (b) |
Each completed application shall:
| (ii) |
include the applicant’s:
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| (iii) |
be verified by the applicant; and |
| (iv) |
be accompanied by the appropriate fees. |
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| (c) |
An applicant’s social security number is a private record under Subsection 63G-2-302(1)(i). |
| (d) |
The division may designate an applicant’s evidence of identity under Subsection (1)(b)(ii)(B) as a private record in accordance with Section 63G-2-302. |
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| (2) |
| (a) |
The division shall issue a license to an applicant who submits a complete application if the division determines that the applicant meets the qualifications of licensure. |
| (b) |
The division shall provide a written notice of additional proceedings to an applicant who submits a complete application, but who has been, is, or will be placed under investigation by the division for conduct directly bearing upon the applicant’s qualifications for licensure, if the outcome of additional proceedings is required to determine the division’s response to the application. |
| (c) |
The division shall provide a written notice of denial of licensure to an applicant who submits a complete application if the division determines that the applicant does not meet the qualifications of licensure. |
| (d) |
The division shall provide a written notice of incomplete application and conditional denial of licensure to an applicant who submits an incomplete application, which notice shall advise the applicant that the application is incomplete and that the application is denied, unless the applicant corrects the deficiencies within the time period specified in the notice and otherwise meets all qualifications for licensure. |
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| (4) |
If an applicant meets all requirements for a specific license, the division shall issue the license to the applicant. |
| (5) |
| (a) |
As used in this Subsection (5):
| (i) |
| (A) |
“Competency-based licensing requirement” means a practical assessment of knowledge and skills that clearly demonstrate a person is prepared to engage in an occupation or profession regulated by this title, and which the director determines is at least as effective as a time-based licensing requirement at demonstrating proficiency and protecting the health and safety of the public. |
| (B) |
“Competency-based licensing requirement” may include any combination of training, experience, testing, or observation. |
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| (ii) |
| (A) |
“Time-based licensing requirement” means a specific number of hours, weeks, months, or years of education, training, supervised training, or other experience that an applicant for licensure under this title is required to complete before receiving a license under this title. |
| (B) |
“Time-based licensing requirement” does not include an associate degree, a bachelor’s degree, or a graduate degree from an accredited institution of higher education. |
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| (b) |
Subject to Subsection (5)(c), for an occupation or profession regulated by this title that has a time-based licensing requirement, the director, after consultation with the appropriate board, may by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, allow an applicant to complete a competency-based licensing requirement as an alternative to completing the time-based licensing requirement. |
| (c) |
If a time-based licensing requirement involves a program that must be approved or accredited by a specific entity or board, the director may only allow an applicant to complete a competency-based licensing requirement as an alternative to completing the time-based licensing requirement under Subsection (5)(b) if the competency-based requirement is approved or accredited by the specific entity or board as a replacement or alternative to the time-based licensing requirement. |
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Amended by Chapter 223, 2023 General Session
