Utah Code § 1b-101 — Definitions.. Reproduced from the official Utah Code, with a citation summary, verification link, and related provisions.
§ 1b-101. Definitions.
Effective 5/4/2022 13-1b-101.
Definitions. As used in this chapter:
(1)
"Department" means the Department of Commerce.
(2)
"Director" means the director of the office.
(3)
"Executive director" means the executive director of the Department of Commerce.
(4)
"Government requestor" means:
(a)
the governor;
(b)
an executive branch officer other than the governor;
(c)
an executive branch agency;
(d)
a legislator; or
(e)
a legislative committee.
(5)
"Health, safety, or financial welfare of the public" includes protecting against physical injury, property damage, or financial harm of the public.
(6)
"License" or "licensing" means a state-granted authorization for a person to engage in a specified occupation:
(a)
based on the person meeting personal qualifications established under state law; and
(b)
where state law requires the authorization before the person may lawfully engage in the occupation for compensation.
(7)
"Newly regulate" means to create by statute or administrative rule a new license, certification, registration, or exemption classification regarding an occupation.
(8)
"Occupation" means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell, irrespective of whether the individual selling the goods or services is subject to an occupational regulation.
(9)
"Office" means the Office of Professional Licensure Review created in this chapter.
(10)
"Periodic review" means a review described in Subsection 13-1b-203(2).
(11)
(a)
"Personal qualifications" means criteria established in state law related to an individual's background.
(b)
"Personal qualifications" includes:
(i)
completion of an approved education program;
(ii)
satisfactory performance on an examination;
(iii)
work experience; and
(iv)
completion of continuing education.
(12)
"Regulated occupation" means an occupation that:
(a)
requires a person to obtain a license to practice the occupation; or
(b)
provides for state certification or state registration.
(13)
"State certification" means a state-granted authorization given to a person to use the term "state certified" as part of a designated title related to engaging in a specified occupation:
(a)
based on the person meeting personal qualifications established under state law; and
(b)
where state law prohibits a noncertified person from using the term "state certified" as part of a designated title but does not otherwise prohibit a noncertified person from engaging in the occupation for compensation.
(14)
"State registration" means a state-granted authorization given to a person to use the term "state registered" as part of a designated title related to engaging in a specified occupation:
(a)
based on the person meeting requirements established under state law, which may include the person's name and address, the person's agent for service of process, the location of the activity to be performed, and bond or insurance requirements;
(b)
where state law does not require the person to meet any personal qualifications; and
(c)
where state law prohibits a nonregistered person from using the term "state registered" as part of a designated title.
(15)
"Sunrise review" means a review under this chapter of an application to establish a new regulated occupation.
Not legal advice. Verify against the official source and consult a licensed Utah attorney.
Common questions
What is the source of Utah Code § 1b-101?
The text above is transcribed from the Utah Code, the codified statutes of Utah. The official publisher link appears under "Verify the text" on this page.
What subject does Utah Code § 1b-101 address?
It addresses "Definitions.". Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Utah Code § 1b-101 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Utah source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Utah law to your facts requires a licensed Utah attorney who can review the specifics.
