Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 36 Fifth Substitute (2023GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions;
• authorizes the director of the Division of Professional Licensing to designate certain professional licensing board members to preside over adjudicative proceedings concerning professional licenses;
• creates a process for review of the designated professional licensing board members' recommended order after an adjudicative proceeding;
• modifies licensing requirements for certain funeral service establishments and professionals, landscape architects, security personnel, and deception detection examiners; and
• makes technical changes.

Every vote on this bill

Bill text

PROFESSIONAL LICENSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
A. Cory Maloy
LONG TITLE
Committee Note:
The Business and Labor Interim Committee recommended this bill.
Legislative Vote: 10 voting for 2 voting against 8 absent
General Description:
This bill modifies provisions related to professional licensing.
Highlighted Provisions:
This bill:
▸ modifies definitions;
▸ authorizes the director of the Division of Professional Licensing to designate certain
professional licensing board members to preside over adjudicative proceedings
concerning professional licenses;
▸ creates a process for review of the designated professional licensing board members'
recommended order after an adjudicative proceeding;
▸ modifies licensing requirements for certain funeral service establishments and
professionals, landscape architects, security personnel, and deception detection
examiners; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-1-108
, as last amended by Laws of Utah 2008, Chapter 382
58-1-109
, as last amended by Laws of Utah 2016, Chapter 238
58-1-201
, as last amended by Laws of Utah 2013, Chapter 262
58-1-202
, as last amended by Laws of Utah 2022, Chapter 415
58-1-501
, as last amended by Laws of Utah 2020, Chapters 289, 339
58-9-306
, as last amended by Laws of Utah 2007, Chapter 144
58-53-302
, as last amended by Laws of Utah 2009, Chapter 183
58-63-302
, as last amended by Laws of Utah 2022, Chapter 415
58-64-302
, as last amended by Laws of Utah 2020, Chapters 154 and 339
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-1-108
 is amended to read:
58-1-108.
Adjudicative proceedings.
(1) The division and all boards created under [
the authority of
] this title
, including the
members of a board designated under Subsection 
58-1-109
(3),
 shall comply with the
procedures and requirements of Title 13, Chapter 1, Department of Commerce, and Title 63G,
Chapter 4, Administrative Procedures Act, in all of their adjudicative proceedings as defined by
Subsection 
63G-4-103
(1).
(2) Before proceeding under Section 
63G-4-502
, the division shall review the proposed
action with a committee of no less than three licensees appointed by the chairman of the
licensing board created under this title for the profession of the person against whom the action
is proposed.
(3) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, a warning
or final disposition letter which does not constitute disciplinary action against the addressee,
issued in response to a complaint of unprofessional or unlawful conduct under this title, does
not constitute an adjudicative proceeding.
Section 2. Section 
58-1-109
 is amended to read:
58-1-109.
Presiding officers -- Content of orders -- Recommended orders -- Final
orders -- Appeal of orders.
(1) 
(a)
 Unless otherwise specified by statute or rule 
made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, the presiding officer for adjudicative
proceedings before the division [
shall be
] 
is
 the director. [
However, pursuant to
]
(b) Under
 Title 63G, Chapter 4, Administrative Procedures Act, the director may
designate in writing an individual or body of individuals to act as presiding officer to conduct
or [
to 
]assist the director in conducting any part or all of an adjudicative proceeding.
(2) Unless otherwise specified by the director, an administrative law judge shall be
designated as the presiding officer to conduct formal adjudicative proceedings in accordance
with Subsection 
63G-4-102
(4), Sections 
63G-4-204
 through 
63G-4-207
, and 
63G-4-209
.
(3) 
(a)
 Unless otherwise specified by the director, the licensing board of the
[
occupation or
] profession that is the subject of the proceedings shall be designated as the
presiding officer to serve as fact finder at the evidentiary hearing in a formal adjudicative
proceeding.
(b) (i) If the licensing board is composed of seven or more members, the director may
designate any odd number of board members to represent the licensing board as the presiding
officer under Subsection (3)(a).
(ii) Notwithstanding Subsection 
58-1-201
(3), the vote of the majority of the board
members designated under Subsection (3)(b)(i) is sufficient authority for the licensing board to
act as the presiding officer.
(4) 
(a)
 At the close of an evidentiary hearing in an adjudicative proceeding, unless
otherwise specified by the director, the presiding officer who served as the fact finder at the
hearing shall issue a recommended order based [
upon
] 
on
 the record developed at the hearing
determining all issues pending before the division.
(b) If the director designates certain licensing board members under Subsection (3)(b)
to represent the licensing board described in Subsection (3)(a), the person who is aggrieved by
the designated board members' recommended order may petition the licensing board to review
the designated board members' recommended order.
(c) The licensing board shall issue a recommended order based on the review under
Subsection (4)(b) that shall become the recommended order of the presiding officer.
(5) (a) 
(i)
 The director shall issue a final order affirming the recommended order or
modifying or rejecting all or any part of the recommended order and entering new findings of
fact, conclusions of law, statement of reasons, and order based [
upon
] 
on
 the director's personal
attendance at the hearing or a review of the record developed at the hearing.
(ii)
 Before modifying or rejecting a recommended order, the director shall consult with
the presiding officer who issued the recommended order.
(b) 
(i)
 If the director issues a final order modifying or rejecting a recommended order,
the licensing board of the [
occupation or
] profession that is the subject of the proceeding may,
by a two-thirds majority vote of all board members, petition the executive director or designee
within the department to review the director's final order.
(ii)
 The executive director's decision shall become the final order of the division.
(c)
 This [
subsection
] 
Subsection (5)
 does not limit the right of the parties to appeal the
director's final order by filing a request for agency review under Subsection (8).
(6) If the director is unable for any reason to rule [
upon
] 
on
 a recommended order of a
presiding officer, the director may designate another person within the division to issue a final
order.
(7) If the director or the director's designee does not initiate additional fact finding or 
issue a final order within 20 calendar days after the [
date of the
] 
day on which the
recommended order of the presiding officer 
is issued
, the recommended order becomes the
final order of the director or the director's designee.
(8) The final order of the director may be appealed by filing a request for agency
review with the executive director or the executive director's designee within the department.
(9) The content of all orders shall comply with the requirements of Subsection
63G-4-203
(1)(i) and Sections 
63G-4-208
 and 
63G-4-209
.
Section 3. Section 
58-1-201
 is amended to read:
58-1-201.
Boards -- Appointment -- Membership -- Terms -- Vacancies --
Quorum -- Per diem and expenses -- Chair -- Financial interest or faculty position in
professional school that teaches continuing education prohibited.
(1) (a) (i) The executive director shall appoint the members of the boards established
under this title.
(ii) In appointing [
these
] 
the board
 members the executive director shall give
consideration to recommendations by members of the respective [
occupations and professions
]
profession
 and [
by their
] 
the profession's
 organizations.
(b) Each board shall be composed of five members, four of whom [
shall be
] 
are
licensed or certified practitioners in good standing of the [
occupation or
] profession the board
represents, and one of whom [
shall be
] 
is
 a member of the general public, unless otherwise
provided under the specific licensing chapter.
(c) (i) The name of each [
person
] 
individual
 appointed to a board shall be submitted to
the governor for confirmation or rejection.
(ii) If an appointee is rejected by the governor, the executive director shall appoint
another [
person
] 
individual
 in the same manner as set forth in Subsection (1)(a).
(2) (a) (i) Except as required by Subsection (2)(b), as terms of current board members
expire, the executive director shall appoint each new 
board
 member or reappointed 
board
member to a four-year term.
(ii) Upon the expiration of the term of a board member, the board member shall
continue to serve until a successor is appointed, but for a period not to exceed six months from
the expiration date of the 
board
 member's term.
(b) Notwithstanding the requirements of Subsection (2)(a), the executive director shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
of board members are staggered so that approximately half of the board is appointed every two
years.
(c) A board member may not serve more than two consecutive terms, and a board
member who ceases to serve on a board may not serve again on that board until after the
expiration of a two-year period beginning from that cessation of service.
(d) (i) When a vacancy occurs in the 
board
 membership for any reason, the
replacement shall be appointed for the unexpired term.
(ii) After filling that term, the replacement 
board
 member may be appointed for only
one additional full term.
(e) The director, with the approval of the executive director, may remove a board
member and replace the 
board
 member in accordance with this section for the following
reasons:
(i) the 
board
 member fails or refuses to fulfill the responsibilities and duties of a board
member, including attendance at board meetings;
(ii) the 
board
 member engages in unlawful or unprofessional conduct; or
(iii) if appointed to the board position as a licensed member of the board, the 
board
member fails to maintain a license that is active and in good standing.
(3) 
(a)
 A majority of the board members constitutes a quorum.
(b)
 [
A
] 
Except as provided in Subsection 
58-1-109
(3), a
 quorum is sufficient authority
for the board to act.
(4) A 
board
 member may not receive compensation or benefits for the 
board
 member's
service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance [
pursuant to
] 
under
 Sections 
63A-3-106
 and
63A-3-107
.
(5) Each board shall annually designate one of [
its
] 
the board's
 members to serve as
chair for a one-year period.
(6) A board member may not be a member of the faculty of, or have a financial interest
in, a vocational or professional college or school that provides continuing education to any
licensee if that continuing education is required by statute or rule 
made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
Section 4. Section 
58-1-202
 is amended to read:
58-1-202.
Boards -- Duties, functions, and responsibilities.
(1) [
The
] 
Except as provided in Subsection (2), the
 duties, functions, and
responsibilities of each board established under this title include the following:
(a) recommending to the director appropriate rules and statutory changes, including
changes to remove regulations that are no longer necessary or effective in protecting the public
and enhancing commerce;
(b) recommending to the director policy and budgetary matters;
(c) approving and establishing a passing score for applicant examinations;
(d) screening applicants and recommending licensing, renewal, reinstatement, and
relicensure actions to the director in writing;
(e) assisting the director in establishing standards of supervision for students or persons
in training to become qualified to obtain a license in the [
occupation or
] profession [
it 
] 
the
board
 represents; and
(f) 
in accordance with Section 
58-1-109
,
 acting as presiding officer in conducting
hearings associated with adjudicative proceedings and in issuing recommended orders when so
designated by the director.
(2) Subsection (1) does not apply to boards created in Title 58, Chapter 55, Utah
Construction Trades Licensing Act.
(3) (a) Each board or commission established under this title may recommend to the
appropriate legislative committee whether the board or commission supports a change to a
licensing act.
(b) This Subsection (3) does not:
(i) require a board's approval to amend a practice act; [
and
] 
or
(ii) apply to technical or clarifying amendments to a practice act.
Section 5. Section 
58-1-501
 is amended to read:
58-1-501.
Unlawful and unprofessional conduct.
(1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
under this title and includes:
(a) practicing or engaging in, representing oneself to be practicing or engaging in, or
attempting to practice or engage in any [
occupation or
] profession requiring licensure under
this title if the person is:
(i) not licensed to do so or not exempted from licensure under this title; or
(ii) restricted from doing so by a suspended, revoked, restricted, temporary,
probationary, or inactive license;
(b) (i) impersonating another licensee or practicing [
an occupation or
] 
a
 profession
under a false or assumed name, except as permitted by law; or
(ii) for a licensee who has had a license under this title reinstated following disciplinary
action, practicing the same [
occupation or
] profession using a different name than the name
used before the disciplinary action, except as permitted by law and after notice to, and approval
by, the division;
(c) knowingly employing any other person to practice or engage in or attempt to
practice or engage in any [
occupation or
] profession licensed under this title if the employee is
not licensed to do so under this title;
(d) knowingly permitting the person's authority to practice or engage in any
[
occupation or
] profession licensed under this title to be used by another, except as permitted
by law;
(e) obtaining a passing score on a licensure examination, applying for or obtaining a
license, or otherwise dealing with the division or a licensing board through the use of fraud,
forgery, or intentional deception, misrepresentation, misstatement, or omission;
(f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
drug or device to a person located in this state:
(A) without prescriptive authority conferred by a license issued under this title, or by
an exemption to licensure under this title; or
(B) with prescriptive authority conferred by an exception issued under this title or a
multistate practice privilege recognized under this title, if the prescription was issued without
first obtaining information, in the usual course of professional practice, that is sufficient to
establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
proposed treatment; and
(ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
or cross coverage situation, provided that the person who issues the prescription has
prescriptive authority conferred by a license under this title, or is exempt from licensure under
this title; or
(g) aiding or abetting any other person to violate any statute, rule, or order regulating
[
an occupation or
] 
a
 profession under this title.
(2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
as unprofessional conduct under this title or under any rule adopted under this title and
includes:
(a) violating any statute, rule, or order regulating [
an occupation or
] 
a
 profession under
this title;
(b) violating, or aiding or abetting any other person to violate, any generally accepted
professional or ethical standard applicable to [
an occupation or
] 
a
 profession regulated under
this title;
(c) subject to the provisions of Subsection (4), engaging in conduct that results in
conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is held in
abeyance pending the successful completion of probation with respect to a crime [
of moral
turpitude or any other crime
] that, when considered with the functions and duties of the
[
occupation or
] profession for which the license was issued or is to be issued, bears a
substantial relationship to the licensee's or applicant's ability to safely or competently practice
the [
occupation or
] profession;
(d) engaging in conduct that results in disciplinary action, including reprimand,
censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
authority having jurisdiction over the licensee or applicant in the same [
occupation or
]
profession if the conduct would, in this state, constitute grounds for denial of licensure or
disciplinary proceedings under Section 
58-1-401
;
(e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
ability of the licensee or applicant to safely engage in the [
occupation or
] profession;
(f) practicing or attempting to practice [
an occupation or
] 
a
 profession regulated under
this title despite being physically or mentally unfit to do so;
(g) practicing or attempting to practice [
an occupation or
] 
a
 profession regulated under
this title through gross incompetence, gross negligence, or a pattern of incompetency or
negligence;
(h) practicing or attempting to practice [
an occupation or
] 
a
 profession requiring
licensure under this title by any form of action or communication which is false, misleading,
deceptive, or fraudulent;
(i) practicing or attempting to practice [
an occupation or
] 
a
 profession regulated under
this title beyond the scope of the licensee's competency, abilities, or education;
(j) practicing or attempting to practice [
an occupation or
] 
a
 profession regulated under
this title beyond the scope of the licensee's license;
(k) verbally, physically, mentally, or sexually abusing or exploiting any person through
conduct connected with the licensee's practice under this title or otherwise facilitated by the
licensee's license;
(l) acting as a supervisor without meeting the qualification requirements for that
position that are defined by statute or rule;
(m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
drug or device:
(i) without first obtaining information in the usual course of professional practice, that
is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
the proposed treatment; or
(ii) with prescriptive authority conferred by an exception issued under this title, or a
multi-state practice privilege recognized under this title, if the prescription was issued without
first obtaining information, in the usual course of professional practice, that is sufficient to
establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
proposed treatment;
(n) violating a provision of Section 
58-1-501.5
; or
(o) violating the terms of an order governing a license.
(3) Unless otherwise specified by statute or administrative rule, in a civil or
administrative proceeding commenced by the division under this title, a person subject to any
of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
violation.
(4) The following are not evidence of engaging in unprofessional conduct under
Subsection (2)(c):
(a) an arrest not followed by a conviction; or
(b) a conviction for which an individual's incarceration has ended more than seven
years before the date of the division's consideration, unless:
(i) after the incarceration the individual has engaged in additional conduct that results
in another conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is
held in abeyance pending the successful completion of probation; or
(ii) the conviction was for:
(A) a violent felony as defined in Section 
76-3-203.5
;
(B) a felony related to a criminal sexual act [
pursuant to
] 
under
 Title 76, Chapter 5,
Part 4, Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act; or
(C) a felony related to criminal fraud or embezzlement, including a felony [
pursuant to
]
under
 Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft.
Section 6. Section 
58-9-306
 is amended to read:
58-9-306.
License by endorsement.
The division may issue a license by endorsement under this chapter to a person who:
(1) provides documentation that the funeral service director's current licensure is
active, in good standing, and free from any disciplinary action;
(2) submits an application on a form provided by the division;
(3) pays a fee determined by the department;
(4) [
is of good moral character in that the person
] has not been convicted of:
(a) a first or second degree felony; 
or
[
(b) a misdemeanor involving moral turpitude; or
]
[
(c)
] 
(b)
 [
any other 
] 
a
 crime that when considered with the duties and responsibilities
of the license for which the person is applying is considered by the division and the board to
indicate that the best interests of the public are not served by granting the applicant a license;
(5) has completed five years of lawful and active practice as a licensed funeral service
director and embalmer within the 10 years immediately preceding the application for licensure
by endorsement;
(6) has passed a national examination determined by the division; and
(7) has demonstrated competency of the laws and the rules of the state as determined
by the division.
Section 7. Section 
58-53-302
 is amended to read:
58-53-302.
Qualifications for licensure.
(1) Each applicant for licensure as a landscape architect shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
[
(c) provide satisfactory evidence of good moral character;
]
[
(d)
] 
(c)
 (i) have graduated and received an earned bachelors or masters degree from a
landscape architecture program meeting criteria established by rule by the division in
collaboration with the board 
and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
; or
(ii) have completed not less than eight years of supervised practical experience in
landscape architecture which meets the requirements established by rule by the division in
collaboration with the board 
and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
; and
[
(e)
] 
(d)
 have successfully passed examinations established by rule by the division in
collaboration with the board 
and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
.
(2) Satisfactory completion of each year of a landscape architectural program described
in Subsection [
(1)(d)(i)
] 
(1)(c)(i)
 is equivalent to one year of experience for purposes of
Subsection [
(1)(d)(ii)
] 
(1)(c)(ii)
.
Section 8. Section 
58-63-302
 is amended to read:
58-63-302.
Qualifications for licensure.
(1) Each applicant for licensure as an armored car company or a contract security
company shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) have a qualifying agent who:
(i) [
shall meet 
] 
meets
 with the division and the board and [
demonstrate
] 
demonstrates
that the applicant and the qualifying agent meet the requirements of this section;
(ii) is a resident of the state and is responsible management personnel or an owner of
the applicant;
(iii) exercises material day-to-day authority in the conduct of the applicant's business
by making substantive technical and administrative decisions and whose primary employment
is with the applicant;
(iv) is not concurrently acting as a qualifying agent or employee of another armored car
company or contract security company and is not engaged in any other employment on a
regular basis;
(v) is not involved in any activity that would conflict with the qualifying agent's duties
and responsibilities under this chapter to ensure that the qualifying agent's and the applicant's
performance under this chapter does not jeopardize the health or safety of the general public;
(vi) is not an employee of a government agency;
(vii) passes an examination component established by rule by the division in
collaboration with the board 
and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
; and
(viii) (A) demonstrates 6,000 hours of compensated experience as a manager,
supervisor, or administrator of an armored car company or a contract security company; or
(B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
collaboration with the board with a federal, United States military, state, county, or municipal
law enforcement agency;
(d) if a corporation, provide:
(i) the names, addresses, dates of birth, and social security numbers of all corporate
officers, directors, and responsible management personnel; and
(ii) the names, addresses, dates of birth, and social security numbers, of all
shareholders owning 5% or more of the outstanding shares of the corporation, unless waived by
the division if the stock is publicly listed and traded;
(e) if a limited liability company, provide:
(i) the names, addresses, dates of birth, and social security numbers of all company
officers, and responsible management personnel; and
(ii) the names, addresses, dates of birth, and social security numbers of all individuals
owning 5% or more of the equity of the company;
(f) if a partnership, provide the names, addresses, dates of birth, and social security
numbers of all general partners, and responsible management personnel;
(g) if a proprietorship, provide the names, addresses, dates of birth, and social security
numbers of the proprietor, and responsible management personnel;
(h) have [
good moral character in that
] officers, directors, shareholders described in
Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel [
have
] 
who
have
 not been convicted of:
(i) a felony; 
or
[
(ii) a misdemeanor involving moral turpitude; or
]
[
(iii)
] 
(ii)
 a crime that when considered with the duties and responsibilities of a contract
security company or an armored car company by the division and the board indicates that the
best interests of the public are not served by granting the applicant a license;
(i) document that none of the applicant's officers, directors, shareholders described in
Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
(i) have been declared by a court of competent jurisdiction incompetent by reason of
mental defect or disease and not been restored; and
(ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
(j) file and maintain with the division evidence of:
(i) comprehensive general liability insurance in a form and in amounts established by
rule by the division in collaboration with the board 
and in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act
;
(ii) workers' compensation insurance that covers employees of the applicant in
accordance with applicable Utah law;
(iii) registration with the Division of Corporations and Commercial Code; and
(iv) registration as required by applicable law with the:
(A) Unemployment Insurance Division in the Department of Workforce Services, for
purposes of Title 35A, Chapter 4, Employment Security Act;
(B) State Tax Commission; and
(C) Internal Revenue Service; and
(k) meet with the division and board if requested by the division or board.
(2) Each applicant for licensure as an armed private security officer [
shall
]:
(a) 
shall
 submit an application in a form prescribed by the division;
(b) 
shall
 pay a fee determined by the department under Section 
63J-1-504
;
(c) [
have good moral character in that the applicant has
] 
may
 not 
have
 been convicted
of:
(i) a felony; 
or
[
(ii) a misdemeanor involving moral turpitude; or
]
[
(iii)
] 
(ii)
 a crime that when considered with the duties and responsibilities of an armed
private security officer by the division and the board indicates that the best interests of the
public are not served by granting the applicant a license;
(d) 
may
 not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
Sec. 922(g);
(e) 
may
 not have been declared incompetent by a court of competent jurisdiction by
reason of mental defect or disease and not been restored;
(f) 
may
 not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(g) 
shall
 successfully complete basic education and training requirements established
by rule by the division in collaboration with the board 
and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, which shall include a minimum of eight
hours of classroom or online curriculum;
(h) 
shall
 successfully complete firearms training requirements established by rule by
the division in collaboration with the board 
and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, which shall include a minimum of 12 hours of training;
(i) 
shall
 pass the examination requirement established by rule by the division in
collaboration with the board 
and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
; and
(j) 
shall
 meet with the division and board if requested by the division or the board.
(3) Each applicant for licensure as an unarmed private security officer [
shall
]:
(a) 
shall
 submit an application in a form prescribed by the division;
(b) 
shall
 pay a fee determined by the department under Section 
63J-1-504
;
(c) [
have good moral character in that the applicant has
] 
may
 not 
have
 been convicted
of:
(i) a felony; 
or
[
(ii) a misdemeanor involving moral turpitude; or
]
[
(iii)
] 
(ii)
 a crime that when considered with the duties and responsibilities of an
unarmed private security officer by the division and the board indicates that the best interests of
the public are not served by granting the applicant a license;
(d) 
may
 not have been declared incompetent by a court of competent jurisdiction by
reason of mental defect or disease and not been restored;
(e) 
may
 not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(f) 
shall
 successfully complete basic education and training requirements established
by rule by the division in collaboration with the board 
and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, which shall include a minimum of eight
hours of classroom or online curriculum;
(g) 
shall
 pass the examination requirement established by rule by the division in
collaboration with the board 
and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
; and
(h) 
shall
 meet with the division and board if requested by the division or board.
(4) Each applicant for licensure as an armored car security officer [
shall
]:
(a) 
shall
 submit an application in a form prescribed by the division;
(b) 
shall
 pay a fee determined by the department under Section 
63J-1-504
;
(c) [
have good moral character in that the applicant has
] 
may
 not 
have
 been convicted
of:
(i) a felony; 
or
[
(ii) a misdemeanor involving moral turpitude; or
]
[
(iii)
] 
(ii)
 a crime that when considered with the duties and responsibilities of an
armored car security officer by the division and the board indicates that the best interests of the
public are not served by granting the applicant a license;
(d) 
may
 not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
Sec. 922(g);
(e) 
may
 not have been declared incompetent by a court of competent jurisdiction by
reason of mental defect or disease and not been restored;
(f) 
may
 not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(g) 
shall
 successfully complete basic education and training requirements established
by rule by the division in collaboration with the board 
and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
;
(h) 
shall 
successfully complete firearms training requirements established by rule by
the division in collaboration with the board 
and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
;
(i) 
shall
 pass the examination requirements established by rule by the division in
collaboration with the board 
and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
; and
(j) 
shall
 meet with the division and board if requested by the division or the board.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make a rule establishing when the division shall request a Federal Bureau of
Investigation records' review for an applicant who is applying for licensure or licensure renewal
under this chapter.
(6) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
(3)(c), and (4)(c), the division shall provide an appropriate number of copies of fingerprint
cards to the Department of Public Safety with the division's request to:
(a) conduct a search of records of the Department of Public Safety for criminal history
information relating to each applicant for licensure under this chapter and each applicant's
officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and
responsible management personnel; and
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
requiring a check of records of the FBI for criminal history information under this section.
(7) The Department of Public Safety shall send the division:
(a) a written record of criminal history, or certification of no criminal history record, as
contained in the records of the Department of Public Safety in a timely manner after receipt of
a fingerprint card from the division and a request for review of Department of Public Safety
records; and
(b) the results of the FBI review concerning an applicant in a timely manner after
receipt of information from the FBI.
(8) (a) The division shall charge each applicant a fee, in accordance with Section
63J-1-504
, equal to the cost of performing the records reviews under this section.
(b) The division shall pay the Department of Public Safety the costs of all records
reviews, and the Department of Public Safety shall pay the FBI the costs of records reviews
under this chapter.
(9) The division shall use or disseminate the information it obtains from the reviews of
criminal history records of the Department of Public Safety and the FBI only to determine if an
applicant for licensure or licensure renewal under this chapter is qualified for licensure.
Section 9. Section 
58-64-302
 is amended to read:
58-64-302.
Qualifications for licensure.
(1) Each applicant for licensure as a deception detection examiner:
(a) shall submit an application in a form prescribed by the division;
(b) shall pay a fee determined by the department under Section 
63J-1-504
;
(c) may not have been convicted of a felony[
, a misdemeanor involving moral
turpitude,
] or any other crime that when considered with the duties and responsibilities of a
deception detection examiner is considered by the division to indicate that the best interests of
the public will not be served by granting the applicant a license;
(d) may not have been declared by any court of competent jurisdiction incompetent by
reason of mental defect or disease and not been restored;
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(f) shall have completed one of the following:
(i) have earned a bachelor's degree from a four year university or college meeting
standards established by the division by rule 
made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
;
(ii) have completed not less than 8,000 hours of investigation experience approved by
the division; or
(iii) have completed a combination of university or college education and investigation
experience, as defined by rule 
made
 by the division 
in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act,
 as being equivalent to the requirements under
Subsection (1)(f)(i) or (1)(f)(ii);
(g) shall have successfully completed a training program in detection deception
meeting criteria established by rule 
made
 by the division 
in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act
; and
(h) shall have performed satisfactorily as a licensed deception detection intern for a
period of not less than one year and shall have satisfactorily conducted not less than 100
deception detection examinations under the supervision of a licensed deception detection
examiner.
(2) Each applicant for licensure as a deception detection intern:
(a) shall submit an application in a form prescribed by the division;
(b) shall pay a fee determined by the department under Section 
63J-1-504
;
(c) may not have been convicted of a felony[
, a misdemeanor involving moral
turpitude,
] or any other crime that when considered with the duties and responsibilities of a
deception detection intern is considered by the division to indicate that the best interests of the
public will not be served by granting the applicant a license;
(d) may not have been declared by any court of competent jurisdiction incompetent by
reason of mental defect or disease and not been restored;
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(f) shall have completed one of the following:
(i) have earned a bachelor's degree from a four year university or college meeting
standards established by the division by rule 
made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
;
(ii) have completed not less than 8,000 hours of investigation experience approved by
the division; or
(iii) have completed a combination of university or college education and investigation
experience, as defined by rule 
made
 by the division 
in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act,
 as being equivalent to the requirements under
Subsection (2)(f)(i) or (2)(f)(ii);
(g) shall have successfully completed a training program in detection deception
meeting criteria established by rule 
made
 by the division 
in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act
; and
(h) shall provide the division with an intern supervision agreement in a form prescribed
by the division under which:
(i) a licensed deception detection examiner agrees to supervise the intern; and
(ii) the applicant agrees to be supervised by that licensed deception detection examiner.
(3) Each applicant for licensure as a deception detection examination administrator:
(a) shall submit an application in a form prescribed by the division;
(b) shall pay a fee determined by the department under Section 
63J-1-504
;
(c) may not have been convicted of a felony[
, a misdemeanor involving moral
turpitude,
] or any other crime that when considered with the duties and responsibilities of a
deception detection examination administrator is considered by the division to indicate that the
best interests of the public will not be served by granting the applicant a license;
(d) may not have been declared by a court of competent jurisdiction incompetent by
reason of mental defect or disease and not been restored;
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(f) shall have earned an associate degree from a state-accredited university or college or
have an equivalent number of years' work experience; and
(g) shall have successfully completed a training program and have obtained
certification in deception detection examination administration provided by the manufacturer
of a scientific or technology-based software application solution that is approved by the
director.
(4) To determine if an applicant meets the qualifications of Subsection (1)(c), (2)(c), or
(3)(c) the division shall provide an appropriate number of copies of fingerprint cards to the
Department of Public Safety with the division's request to:
(a) conduct a search of records of the Department of Public Safety for criminal history
information relating to each applicant for licensure under this chapter; and
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
requiring a check of records of the F.B.I. for criminal history information under this section.
(5) The Department of Public Safety shall send to the division:
(a) a written record of criminal history, or certification of no criminal history record, as
contained in the records of the Department of Public Safety in a timely manner after receipt of
a fingerprint card from the division and a request for review of Department of Public Safety
records; and
(b) the results of the F.B.I. review concerning an applicant in a timely manner after
receipt of information from the F.B.I.
(6) (a) The division shall charge each applicant a fee, in accordance with Section
63J-1-504
, equal to the cost of performing the records reviews under this section.
(b) The division shall pay the Department of Public Safety the costs of all records
reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
under this chapter.
(7) [
Information 
] 
The division shall use or disseminate information
 obtained [
by the
division
] from the reviews of criminal history records of the Department of Public Safety and
the F.B.I. [
shall be used or disseminated by the division
] only for the purpose of determining if
an applicant for licensure under this chapter is qualified for licensure.