Utah Admin. Code R35 — Public Safety

R698 Administration

R698-1 Public Petitions for Declaratory Orders

Utah Admin. Code R698-1-1 Authority

(1) As required by Section 63G-4-503, this rule provides the procedures for submission, review and disposition of petitions for agency declaratory orders on the applicability of statutes, rules and orders governing or issued by the agency.

(2) In order of importance, procedures governing declaratory orders are:

(a) procedures specified in this rule pursuant to Chapter 4 of Title 63G;

(b) the applicable procedures of Chapter 4 of Title 63G;

(d) the Utah Rules of Civil Procedure.

History

KEY: administrative procedure, enforcement (administrative)
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R698-1-2 Definitions

(1) Terms used in this rule are defined in Section 63G-4-103, except and in addition:

(a) "agency" means the pertinent division, bureau or office within the Department of Public Safety;

(b) "declaratory order" means an administrative interpretation or explanation of rights, status and other legal relations under a statute, rule or order;

(d) "order" is defined in Section 63G-3-102; and

(e) "superior agency" means Commissioner of the Department of Public Safety.

History

KEY: administrative procedure, enforcement (administrative)
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R698-1-3 Petition Form and Filing

(1) The petition shall be addressed and delivered to the director who shall mark the petition with the date of receipt.

(2) The petition shall:

(a) be clearly designated as a request for an agency declaratory order;

(b) identify the statute, rule or order to be reviewed;

(d) describe the reason or need for the applicability review, addressing, in particular, why the review should not be considered frivolous;

(e) include an address and telephone number where the petitioner can be contacted during regular working hours;

(f) declare whether the petitioner has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; and

(g) be signed by the petitioner.

History

KEY: administrative procedure, enforcement (administrative)
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R698-1-4 Reviewability

(1) The agency shall not review a petition for declaratory orders that is:

(a) not within the jurisdiction or competence of the agency;

(b) trivial, irrelevant or immaterial; or

History

KEY: administrative procedure, enforcement (administrative)
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R698-1-5 Intervention

A person may file a petition for intervention under Section 63G-4-207 if delivered to the director within 20 days of the director's receipt of the declaratory order petition filed under Section R698-1-3.

History

KEY: administrative procedure, enforcement (administrative)
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R698-1-6 Petition Review and Disposition

(1) The director shall promptly review and consider the petition and may:

(a) meet with the petitioner;

(b) consult with counsel or the Attorney General; or

(c) take any action consistent with law that the agency deems necessary to provide the petition adequate review and due consideration.

(2) The director may issue an order pursuant to Subsection 63G-4-503(6).

(3) If the director orders an adjudicative proceeding under Subsection 63G-4-503(6):

(a) the proceeding shall be formal and governed by the procedures of Title 63G, Chapter 4, Administrative Procedures Act, or other applicable law if a petition for intervention has been filed within the limits of Section R698-1-5; or

(b) the proceeding may be designated as formal or informal and follow the appropriate procedures of Title 63G, Chapter 4, Administrative Procedures Act,, agency rules or other applicable law if a petition for intervention has not been filed within the limits of Section R698-1-5.

History

KEY: administrative procedure, enforcement (administrative)
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R698-1-7 Administrative Review

(1) A petitioner may seek review or reconsideration of a declaratory order by petitioning the director under the procedures of Title 63G, Chapter 4, Part 3, Agency Review, or as otherwise provided by law.

(2) If the presiding officer issuing the declaratory order is the director, the petitioner may seek the review of the superior agency.

(3) The petitioner may appeal a director's review or reconsideration decision to the superior agency unless otherwise provided by law.

(4) If the petitioner receives no response from the superior agency within 20 days of filing a petition for review or reconsideration, the appeal shall be considered denied.

History

KEY: administrative procedure, enforcement (administrative)
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63G-4-503

R698-2 Government Records Access and Management Act Rule

Utah Admin. Code R698-2-1 Purpose

The purpose of the following rule is to provide procedures for access to government records of the Utah Department of Public Safety (Department).

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

Utah Admin. Code R698-2-2 Authority

This rule is authorized by Sections 63-2-204 of the Government Records Access and Management Act (GRAMA), and Section 63-46a-3 of the State Rulemaking Act.

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

Utah Admin. Code R698-2-3 Allocation of Responsibility within Entity

A. The Department and its agencies shall be considered a single government entity and the Commissioner of Public Safety or designee shall be considered the chief administrative officer of the Department and its agencies for purposes of Section 63-2-401.

B. For the purposes of Section 63-2-206, the Department shall be considered a single government entity. The agencies within the Department may share their records as necessary to perform their respective tasks provided that the recipient agency shall not further disclose any non-public record which it receives. Any decision concerning the disclosure of non-public records outside the Department shall be made only by the records officer or responsible authority in the agency which created the record, except when such decision has been appealed as provided in this rule.

C. The Department or its agencies may create general written agreements to govern the sharing of non-public records with law enforcement agencies outside the Department. Such an agreement shall include a list of the record series intended to be covered by the agreement, the classifications of each record series, and the certification by the recipient agency outside the Department that the recipient agency shall not make any further disclosure of the non-public record without the consent of the Department or the agency which created the record. When such an agreement is in place for the Department or any of its agencies, the Department or the agency which created the record may waive the requirement for a specific disclosure statement for each record requested, provided that the requested record is included in the list of record series in the agreement.

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

Utah Admin. Code R698-2-4 Requests for Access

Requests for access to government records of the Department of Public Safety (DPS) and its agencies should be made in writing. Such written requests shall be in accordance with the provisions of, or on department forms which are specified in R698-2-5.

A. For media organizations requests: DPS, Public Information Officer, 4501 South 2700 West, Salt Lake City, Utah 84119.

B. For all other requests, application should be made in writing to the agency from which the information is requested, as follows:

For records held by DPS, Administrative Services Division and all other records held by DPS agencies not specifically referenced below: Records Officer, Administrative Services Division, 4501 South 2700 West, Salt Lake City, Utah 84119.
For records held by the Division of Comprehensive Emergency Management: Records Officer, Comprehensive Emergency Management, 1110 State Office Building, Salt Lake City, Utah 84114.
For records held by the Driver License Division: Records Officer, Driver License Division, 4501 South 2700 West, Salt Lake City, Utah 84119.
For records held by the Law Enforcement and Technical Services Division select the appropriate bureau below:

a. Records Officer, Bureau of Criminal Identification, 4501 South 2700 West, Salt Lake City, Utah 84119.

b. Records Officer, DPS, Communications Bureau, 4501 South 2700 West, Salt Lake City, Utah 84119.

c. Records Officer, Regulatory/Security Licensing Bureau, 4501 South 2700 West, Salt Lake City, Utah 84119.

d. Records Officer, State Crime Lab, 4501 South 2700 West, Salt Lake City, Utah 84119.

For records held by DPS, Management Information Services Division: Records Officer, Management Information Services, 4501 South 2700 West, Salt Lake City, utah 84119.
For records held by Peace Officer Standards and Training: Records Officer, Peace Officer Standards and Training, 4525 South 2700 West, Salt Lake City, Utah 84119.
For records held by the State Fire Marshal: Records Officer, State Fire Marshal, 4501 South 2700 West, Salt Lake City, Utah 84119.
For records held by the Utah Division of Investigation: Records Officer, Division of Investigation, 5272 College Drive, Murray, Utah 84107.
For records held by the Utah Highway Patrol: Records Officer, Utah Highway Patrol, 4501 South 2700 West, Salt Lake City, Utah 84119.

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

Utah Admin. Code R698-2-5 Forms

A. The forms described as follows, or a written document containing substantially similar information to that requested in the forms, shall be completed by requesters in connection with records requests.

Form DPS 2-204(1), "Request for Records", is for use by all persons requesting records from the Department. It is intended to assist persons who request records to comply with the requirements of Subsection 63-2-204(1) regarding the contents of a request. The form requires the requester's name, address, telephone, organization (if any), a description of the records requested, and information regarding the requester's status, for records which are not public.
Form DPS 2-206(2), "Certification by Requesting Governmental Entity", is for use by another governmental entity requesting controlled or private records from the Department, pursuant to Subsection 63-2-206(2). This form requires the information found in Form DPS 2-204(1), as well as certain representations required from the governmental entity, if the information sought is not public.
Form DPS 2-206(5), "Disclosure and Agreement", is for use when another governmental entity requests controlled, private or protected records, pursuant to Subsection 63-2-206(5). This form discloses to the governmental entity certain information regarding restrictions on access, and obtains the written agreement of the governmental entity to abide by those restrictions.

B. The Department or its agencies may use forms to respond to requests for records.

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

Utah Admin. Code R698-2-6 Fees

A fee may be charged for copies of records provided. Amounts charged for photocopying will reflect costs as authorized by Chapter 38, Title 63, and Subsection 63-2-203(1). Fees must be paid at the time the records are provided to the requester. A fee schedule for the direct and indirect costs of photocopying or compiling a record may be obtained from the appropriate records officer.

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

Utah Admin. Code R698-2-7 Waiver of Fees

Fees for photocopying and compilation of a record may be waived under certain circumstances described in Subsection 63-2- 203(3). Request for this waiver of fees shall be made to the appropriate records officer.

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

Utah Admin. Code R698-2-8 Requests for Access for Research Purpose

Access to private or controlled records for research purposes shall be accomplished in accordance with Subsection 63-2- 202(8). Requests for access to such records for research purposes shall be made to the appropriate records officer.

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

Utah Admin. Code R698-2-9 Intellectual Property Records

When the Department determines that it owns an intellectual property right, it may elect to duplicate and distribute such materials in accordance with Subsection 63-2-201(10). Decisions with regard to these materials will be made by the Department Records Officer. Any questions regarding the photocopying and distribution of such materials should be addressed to the Department Records Officer.

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

Utah Admin. Code R698-2-10 Request to Amend a Record

An individual may contest the accuracy or completeness of a document pertaining to him/her pursuant to Section 63-2-603. Such request should be made to the appropriate records officer.

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

Utah Admin. Code R698-2-11 Appeals of Requests to Amend a Record

Appeals of requests to amend a record shall be handled as informal adjudicative proceedings under the Utah Administrative Procedures Act. See Chapter 46b, Title 63.

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

Utah Admin. Code R698-2-12 Appeals

The Department Administrative Law Judge, 4501 South 2700 West, Salt Lake City, Utah 84119, shall serve as the designee of the Commissioner of Public Safety for the purpose of determining discretionary access to records as set forth in Subsection 63-2- 201(5)(b) and also for the purpose of hearing appeals as set forth in Section 63-2-401.

History

KEY: government documents, freedom of information, public records
Date of Last Change: 1993
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 63-2-204

R698-3 Americans With Disabilities Act (ADA) Complaint Procedure

Utah Admin. Code R698-3-1 Authority and Purpose

A. This rule is promulgated pursuant to Section 63-46a-3(2) of the State Administrative Rulemaking Act. The Department of Public Safety (hereinafter; department), hereby adopts and defines, a complaint procedure to provide for prompt and equitable resolution of complaints filed in accordance with Title II of the Americans With Disabilities Act, pursuant to 28 CFR 35.107, 1992 edition.

B. No qualified individual with a disability, by reason of such disability, shall be excluded from participation in or be denied the benefits of the services, programs, or activities of this department, or be subjected to discrimination by this department.

History

KEY: developmentally disabled, disabilities act
Date of Last Change: 1993
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 67-19-32

Utah Admin. Code R698-3-2 Definitions

A. "The Department ADA Coordinator" means the Department of Public Safety's coordinator, or his designee, who has responsibility for investigating and providing prompt and equitable resolution of complaints filed by qualified individuals with disabilities in accordance with the Americans With Disabilities Act, or provisions of this rule.

B. "The ADA State Coordinating Committee" means that committee with representatives designated by the directors of the following agencies:

(1) Office of Planning and Budget;

(2) Department of Human Resource Management;

(3) Division of Risk Management;

(4) Division of Facilities Construction Management; and

(5) Office of the Attorney General.

C. "Disability" means, with respect to an individual with a disability, a physical or mental impairment that substantially limits one or more of the major life activities of such an individual; a record of such an impairment; or being regarded as having such an impairment.

D. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

E. "Individual with a disability" (hereinafter "individual") means a person who has a disability which limits one of his major life activities and who meets the essential eligibility requirement for the receipt of services or the participation in programs or activities provided by the Department of Public Safety, or who would otherwise be an eligible applicant for vacant state positions, as well as those who are employees of the state.

History

KEY: developmentally disabled, disabilities act
Date of Last Change: 1993
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 67-19-32

Utah Admin. Code R698-3-3 Filing of Complaints

A. The complaint shall be filed in a timely manner to assure prompt, effective assessment and consideration of the facts, but no later than 60 days from the date of the alleged act of discrimination. However, any complaint alleging an act of discrimination occurring between January 26, 1992 and the effective date of this rule may be filed within 60 days of the effective date of this rule.

B. The complaint shall be filed with the department's ADA Coordinator in writing or in another accessible format suitable to the individual.

C. Each complaint shall:

(1) include the individual's name and address;

(2) include the nature and extent of the individual's disability;

(3) describe the department's alleged discriminatory action in sufficient detail to inform the department of the nature and date of the alleged violation;

(4) describe the action and accommodation desired; and

(5) be signed by the individual or by his or her legal representative.

D. Complaints filed on behalf of classes or third parties shall describe or identify by name, if possible, the alleged victims of discrimination.

History

KEY: developmentally disabled, disabilities act
Date of Last Change: 1993
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 67-19-32

Utah Admin. Code R698-3-4 Investigation of Complaint

A. The ADA Coordinator shall conduct an investigation of each complaint received. The investigation shall be conducted to the extent necessary to assure all relevant facts are determined and documented. This may include gathering all information listed in Section 3 (C) of this rule if it is not made available by the individual.

B. When conducting the investigation, the coordinator may seek assistance from the department's legal, human resource and budget staff in determining what action, if any, shall be taken on the complaint. Before making any decision that would involve:

(1) an expenditure of funds which is not absorbable within the agency's budget and would require appropriation authority;

(2) facility modifications; or

(3) reclassification or reallocation in grade; the coordinator shall consult with the ADA State Coordinating Committee.

History

KEY: developmentally disabled, disabilities act
Date of Last Change: 1993
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 67-19-32

Utah Admin. Code R698-3-5 Issuance of Decision

A. Within 15 working days after receiving the complaint, the ADA Coordinator shall issue a decision outlining in writing or another acceptable suitable format stating what action, if any, shall be taken on the complaint.

B. If the coordinator is unable to reach a decision within the 15 working day period, he shall notify the individual with a disability in writing or by another acceptable suitable format why the decision is being delayed and what additional time is needed to reach a decision.

History

KEY: developmentally disabled, disabilities act
Date of Last Change: 1993
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 67-19-32

Utah Admin. Code R698-3-6 Appeals

A. The individual may appeal the decision of the ADA Coordinator by filing an appeal within five working days from the receipt of the decision.

B. The appeal shall be filed in writing with the department's executive director or a designee other than the department's ADA Coordinator.

C. The filing of an appeal shall be considered as authorization by the individual to allow review of all information classified as private or controlled, by the department's executive director or designee.

D. The appeal shall describe in sufficient detail why the coordinator's decision is in error, is incomplete or ambiguous, is not supported by the evidence, or is otherwise improper.

E. The executive director or designee shall review the factual findings of the investigation and the individual's statement regarding the inappropriateness of the coordinator's decision and arrive at an independent conclusion and recommendation. Additional investigations may be conducted if necessary to clarify questions of fact before arriving at an independent conclusion. Before making a decision that would involve the executive director or designee to:

(1) an expenditure of funds which is not absorbable and would require appropriation authority;

(2) facility modifications; or

(3) reclassification or reallocation in grade; he shall also consult with the State ADA Coordinating Committee.

F. The decision shall be issued within ten working days after receiving the appeal and shall be in writing or in another accessible suitable format to the individual.

G. If the executive director or his designee is unable to reach a decision within the ten working day period, he shall notify the individual in writing or by another acceptable suitable format why the decision is being delayed and the additional time needed to reach a decision.

History

KEY: developmentally disabled, disabilities act
Date of Last Change: 1993
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 67-19-32

Utah Admin. Code R698-3-7 Relationship to Other Laws

This rule does not prohibit or limit the use of remedies available to individuals under the State Anti-Discrimination Complaint Procedures Section (67-19-32); the Federal ADA Complaint Procedures (28 CFR Part 35.170, 1992 edition); or any other Utah State or federal law that provides equal or greater protection for the rights of individuals with disabilities.

History

KEY: developmentally disabled, disabilities act
Date of Last Change: 1993
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 67-19-32

R698-4 Certification of a Private Law Enforcement Agency of an Institution of Higher Education

Utah Admin. Code R698-4-1 Authority

This rule is authorized by Section 53-19-103.

History

KEY: colleges, law enforcement officer certification, private law enforcement agency
Date of Last Change: December 27, 2021
Notice of Continuation: February 12, 2024
Authorizing, and Implemented or Interpreted Law: 53-13-103

Utah Admin. Code R698-4-2 Purpose

The purpose of this rule is to establish criteria and requirements for the certification and regulation of a private law enforcement agency.

History

KEY: colleges, law enforcement officer certification, private law enforcement agency
Date of Last Change: December 27, 2021
Notice of Continuation: February 12, 2024
Authorizing, and Implemented or Interpreted Law: 53-13-103

Utah Admin. Code R698-4-3 Definitions

(1) Terms used in this rule are defined in Sections 53-1-102, 53-13-103, and 53-19-102.

(2) In addition:

(a) "ALJ" means administrative law judge; and

(b) "GRAMA" means Title 63G, Chapter 2, Government Records Access and Management Act.

History

KEY: colleges, law enforcement officer certification, private law enforcement agency
Date of Last Change: December 27, 2021
Notice of Continuation: February 12, 2024
Authorizing, and Implemented or Interpreted Law: 53-13-103

Utah Admin. Code R698-4-4 Application for Certification

A private law enforcement agency wishing to be certified shall make written application for certification to the commissioner on a form approved by the commissioner that includes:

(1) information required under Subsection 53-19-201(4); and

(2) and an affirmation that:

(a) each officer employed by the private law enforcement agency is certified pursuant to Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act; and

(b) each dispatcher employed by the private law enforcement agency is certified pursuant to Title 53, Chapter 6, Part 3, Dispatcher Training and Certification Act.

History

KEY: colleges, law enforcement officer certification, private law enforcement agency
Date of Last Change: December 27, 2021
Notice of Continuation: February 12, 2024
Authorizing, and Implemented or Interpreted Law: 53-13-103

Utah Admin. Code R698-4-5 Methods for Obtaining, Review, Use, and Protection of Records

(1) A private law enforcement agency shall provide records requested by the commissioner or the commissioner's designee in accordance with Section 53-19-202.

(2) A request for records shall be:

(a) in writing;

(b) sent via email or first class mail to the chief of the private law enforcement agency;

(d) specify the deadline for producing the records, which shall be not less than 30 days from the date of the request.

(3) The commissioner or the commissioner's designee shall ensure that records obtained from a private law enforcement agency are subject to the same restrictions on disclosure imposed by the originating entity.

(4) Records obtained from a private law enforcement agency shall be reviewed by the commissioner or the commissioner's designee and may be used in connection with:

(a) an audit;

(b) an investigation being conducted by the commissioner or the commissioner's designee; or

(5) The commissioner may issue subpoenas for records and witnesses in connection with an audit or an investigation.

(6) Objection to a subpoena issued by the commissioner shall be made pursuant to Rule 45 of the Utah Rules of Civil Procedure.

History

KEY: colleges, law enforcement officer certification, private law enforcement agency
Date of Last Change: December 27, 2021
Notice of Continuation: February 12, 2024
Authorizing, and Implemented or Interpreted Law: 53-13-103

Utah Admin. Code R698-4-6 Requirements for the Conduct of a Formal Hearing

(1) In the event that formal action is taken against a private law enforcement agency, the private law enforcement agency or the private institution of higher education may request a formal hearing as described in Section 53-19-302.

(2) Pre-hearing discovery shall be limited to the contents of the commissioner's entire investigative file in both digital and hard-copy format, including each document, case file, note, document from other agencies and divisions such as POST and SBI, and internal communication arising out of or related to the investigation that is not privileged, and shall be provided to the private law enforcement agency within 30 days of the receipt of a written request for a formal hearing.

(3) No depositions, interrogatories, or requests for admissions shall be permitted.

(4) The parties may issue subpoenas for records and witnesses following issuance of a notice of agency action.

(5) Objection to a subpoena shall be made pursuant to Rule 45 of the Utah Rules of Civil Procedure.

(6) A formal hearing under this section shall be conducted in accordance with Section 63G-4-206. In addition:

(a) the hearing and any related proceedings shall be conducted at the Peace Officer Standards and Training facility, unless the facility is unavailable;

(b) proceedings may be conducted virtually upon agreement of each party, or if the ALJ determines that a virtual proceeding is necessary due to health or safety concerns with an in person proceeding;

(c) the ALJ may close the hearing or other proceeding if the ALJ finds that it is necessary to ensure a fair and impartial hearing or proceeding;

(d) the ALJ may exclude any individual who the ALJ determines is disrupting or impeding the hearing or related proceeding;

(e) the Utah Rules of Civil Procedure shall apply, except as set forth in these rules; and

(f) the ALJ may entertain a motion for summary judgement by either party.

History

KEY: colleges, law enforcement officer certification, private law enforcement agency
Date of Last Change: December 27, 2021
Notice of Continuation: February 12, 2024
Authorizing, and Implemented or Interpreted Law: 53-13-103

Utah Admin. Code R698-4-7 Verification of Compliance with Terms of Probation

(1) When a private law enforcement agency is placed on probation, or an existing probation period is extended, as authorized under Title 53, Chapter 19, Certification of Private Law Enforcement Agency, the commissioner shall provide the private law enforcement agency with the terms of probation in writing. Thereafter, the commissioner or the commissioner's designee shall meet with the private law enforcement agency periodically to ensure compliance with the terms of probation.

(2) The commissioner or the commissioner's designee may conduct interviews, and may request records in accordance with Section R698-4-5 that are related to the terms of the probation, to verify compliance with the terms of probation.

History

KEY: colleges, law enforcement officer certification, private law enforcement agency
Date of Last Change: December 27, 2021
Notice of Continuation: February 12, 2024
Authorizing, and Implemented or Interpreted Law: 53-13-103

Utah Admin. Code R698-4-8 Audit Procedures

(1) This rule does not apply to audits conducted by the legislative auditor general or the state auditor. The legislative auditor general and the state auditor shall conduct any audit of a private law enforcement agency in accordance with statutes, rules, and policies applicable to audits conducted by those authorities.

(2) The commissioner or the commissioner's designee may conduct an audit of a private law enforcement agency pursuant to Section 53-19-204.

(3) The commissioner or the commissioner's designee shall provide written notice of the audit to the chief of the private law enforcement agency, which shall identify:

(a) the intended scope of the audit;

(b) the anticipated timeframe for the audit;

(4) The commissioner or the commissioner's designee shall schedule an opening conference with the private law enforcement agency, which may be conducted in person at the private law enforcement agency's location or by virtual means.

(5) A private law enforcement agency shall provide information as requested by the commissioner or the commissioner's designee in connection with an audit in accordance with Section R698-4-5.

(6) The commissioner or the commissioner's designee may conduct interviews during an audit after giving written notice to the private law enforcement agency of the individuals to be interviewed and the topics to be addressed no less than seven days before the date of the interview.

(a) The commissioner or the commissioner's designee may obtain information during audit interviews related to the private law enforcement agency to ensure compliance with the requirements of Title 53, Chapter 19, Certification of Private Law Enforcement Agency.

(b) If audit interviews are recorded by audio or video means, a copy of each recording shall be provided to the private law enforcement agency before the audit is concluded.

(7) After conducting an audit, the commissioner or the commissioner's designee shall submit a preliminary draft audit report directly to the chief of the private law enforcement agency and hold an exit conference with the private law enforcement agency to discuss the preliminary draft audit report.

(8) Within 20 days of the exit conference, the private law enforcement agency shall;

(a) provide a written response or comment on the preliminary draft audit report to the commissioner or the commissioner's designee; or

(b) submit a request for an extension to submit a written response or comment with a justification for the request and the amount of time requested.

(9) After receipt of a written response or comment on the preliminary draft audit report from the private law enforcement agency, the commissioner or the commissioner's designee shall:

(a) incorporate the private law enforcement agency's written response or comment into the draft audit report;

(b) prepare any concluding comments; and

(10) Within ten days of the issuance of the final audit report, a copy of the final audit report shall be provided to the chief of the audited private law enforcement agency.

(11) Any public release of a final audit report shall comply with conditions specified by state, federal, and other laws and regulations and governing the protection of personally identifiable information.

History

KEY: colleges, law enforcement officer certification, private law enforcement agency
Date of Last Change: December 27, 2021
Notice of Continuation: February 12, 2024
Authorizing, and Implemented or Interpreted Law: 53-13-103

Utah Admin. Code R698-4-9 Contents of Policies and Procedures Manual

The following written policies shall be included in the private law enforcement agency's policy and procedure manuals:

(1) hiring;

(2) internal affairs investigations;

(3) requirement to provide Garrity warnings to officers and dispatchers during internal administrative investigation interviews;

(4) compliance with division requirements;

(5) information access, including access to record management systems;

(6) information sharing procedures and restrictions with other departments or personnel within the private law enforcement agency's associated private institution of higher education including the Title IX offices, and if applicable, the student conduct office;

(7) requirement to comply with GRAMA and procedures for responding to GRAMA requests;

(8) monitoring electronic database use;

(9) required yearly training;

(10) career development;

(11) organizational structure and chain of command;

(12) required reporting, including to national crime reporting systems and Clery Act reporting;

(13) compliance with applicable Equal Employment Opportunity and Americans with Disabilities Act standards; and

(14) applicability of Section 77-9-3, Authority of Peace Officer of this State Beyond Normal Jurisdiction.

History

KEY: colleges, law enforcement officer certification, private law enforcement agency
Date of Last Change: December 27, 2021
Notice of Continuation: February 12, 2024
Authorizing, and Implemented or Interpreted Law: 53-13-103

Utah Admin. Code R698-4-10 Requirements for Operation of a Private Law Enforcement Agency

(1) In accordance with Subsections 53-6-202(4)(a) and 53-6-205(1)(a), the private law enforcement agency shall ensure that its officers successfully complete the basic course at a certified academy, or successfully pass a state certification examination prior to exercising peace officer authority.

(2) The private law enforcement agency shall pay for the cost of the basic course training received by its officers at POST Academy.

(3) The private law enforcement agency shall ensure that its officers satisfactorily complete annual certified training of not less that 40 hours in accordance with Subsection 53-6-202(4)(a).

(4) The private law enforcement agency's officers shall be subject to the requirements of Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act.

(5) The private law enforcement agency's dispatchers shall be subject to the requirements of Title 53, Chapter 6, Part 3, Dispatcher Training and Certification Act.

(6) The private law enforcement agency shall:

(a) develop, implement, and enforce policies and procedures consistent with other Utah law enforcement agencies;

(b) ensure that officers are trained to understand their duties and responsibilities pursuant to the agency's policies and procedures;

(c) ensure that policies and procedures define terms clearly, comply with applicable law, and comport with best practices;

(d) apply policies uniformly and hold officers accountable for compliance;

(e) review each policy or procedure no later than six months after it is implemented, and annually thereafter, to ensure that policies and procedures provide effective direction to personnel and remain consistent with best practices and current law;

(f) review and revise policies and procedures as necessary upon notice of a policy deficiency identified during an audit;

(g) within 30 days of issuing a policy or procedure, ensure and document that any relevant personnel have received and read the new policies or procedures, and are aware of the requirement that:

(i) each officer or employee must report conduct that would constitute a violation of Section 53-6-211, and will be subject to discipline for failure to do so;

(ii) supervisors of each rank are accountable for identifying and responding to policy or procedure violations by personnel under their command; and

(iii) personnel will be held accountable for policy and procedure violations; and

(h) within 90 days of issuing a new or revised policy or procedure, implement training on the new policies and procedures to ensure that officers and employees understand and can perform their duties pursuant to policy.

(7) The private law enforcement agency shall comply with the reporting requirements of the statewide crime reporting system established by the department pursuant to Subsection 53-10-202(2).

(8) The private college or university sponsoring the private law enforcement agency must be currently accredited by an appropriate accreditation agency recognized by the United States Department of Education. The chief shall immediately notify the commissioner in writing if the private college or university loses its accreditation.

(9) The private law enforcement agency shall notify the commissioner, in writing, within 48 hours of receipt of any allegation of conduct committed by an officer or dispatcher employed by the agency that would constitute a violation of Section 53-6-211.

(10) The private law enforcement agency shall semi-annually provide to the commissioner each GRAMA:

(a) request;

(b) response;

(d) additional information regarding GRAMA requests, responses and denials as requested by the commissioner or the commissioner's designee.

History

KEY: colleges, law enforcement officer certification, private law enforcement agency
Date of Last Change: December 27, 2021
Notice of Continuation: February 12, 2024
Authorizing, and Implemented or Interpreted Law: 53-13-103

R698-5 State Hazardous Chemical Emergency Response Commission Advisory Committee

Utah Admin. Code R698-5-1 Purpose

This rule provides the procedures for establishing a state hazardous chemical emergency response commission advisory committee, the creation, modification or dissolving of local emergency planning committees, and supervising the overall planning and direction of the local emergency planning committees.

History

KEY: state emergency response commission, hazardous materials, SERC
Date of Last Change: February 20, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-702

Utah Admin. Code R698-5-2 Authority

This rule is required by Subsection 53-2a-702(2).

History

KEY: state emergency response commission, hazardous materials, SERC
Date of Last Change: February 20, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-702

Utah Admin. Code R698-5-3 Definitions

(1) "EPCRA" means Emergency Planning and Community Right-to-Know Act of 1986.

(2) "LEPC" means Local Emergency Planning Committee.

(3) "SERC" means State Hazardous Chemical Emergency Response Commission.

(4) "SERC Advisory Committee" means State Hazardous Chemical Emergency Response Commission Advisory Committee.

(5) "Tier II chemical inventory report" means a report required to be submitted to the LEPC under Section 312 of the Emergency Planning and Community Right-to-Know Act, which was enacted as Title III of the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, 42 U.S.C. Section 11022.

History

KEY: state emergency response commission, hazardous materials, SERC
Date of Last Change: February 20, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-702

Utah Admin. Code R698-5-4 State Hazardous Chemical Emergency Response Commission Advisory Committee

(1) There is created by the Department of Public Safety, the State Hazardous Chemical Emergency Response Commission Advisory Committee.

(2) The SERC Advisory Committee's duties are to provide direction to the SERC in the following matters:

(a) the creation, modification or dissolving of local emergency planning committees;

(b) methods and procedures to improve the effectiveness of the LEPC;

(d) the development of procedures for collection, processing, use and public access to information submitted as required by EPCRA;

(e) procedures for the distribution of funding to each LEPC obtained through the US Department of Transportation Hazardous Materials Emergency Preparedness Grant;

(f) hazardous materials emergency response planning efforts; and,

(g) the review of the State Emergency Operations Plan, Emergency Support Function 10 -- Hazardous Materials Annex.

(3) The SERC Advisory Committee's members shall be appointed by the SERC, shall serve four year terms, and shall consist of the following members:

(a) A member representing the hazardous chemical transportation industry.

(b) Two members representing fixed site regulated industries.

(d) A member representing the local health departments.

(e) A member representing the urban LEPC.

(f) A member representing the rural LEPC.

(g) A member representing the Hazardous Materials Advisory Council.

(h) A member representing established environmental interest groups.

(i) A member representing the Utah National Guard.

(j) A member representing the Utah Highway Patrol.

(k) A member representing the Utah Department of Transportation.

(l) Two members from the general public.

(4) The SERC Advisory Committee shall meet quarterly or as directed, and a majority of the members shall be present to constitute a quorum.

(5)(a) The SERC Advisory Committee shall select one of its members to act in the position of chair, and another member to act as vice chair.

(b) Elections for chair and vice chair shall occur every two years at the meeting conducted in the fourth quarter of the calendar year.

(d) The past chair shall continue to serve on the SERC Advisory Committee for a two year term.

(6) If a SERC Advisory Committee member has two or more unexcused absences during a 12 month period, from regularly scheduled meetings, it is considered grounds for dismissal pending review by the SERC.

(7) A member of the SERC Advisory Committee that cannot be in attendance may:

(a) have a representative of their respective organization attend and vote by proxy for that member; or

(b) have another SERC Advisory Committee member vote by proxy, if submitted and approved by the chair prior to the meeting.

(8)(a) The chair or vice chair of the SERC Advisory Committee shall report to the SERC the activities of the SERC Advisory Committee at regularly scheduled SERC meetings; or

(b) a member of the SERC Advisory Committee may report to the SERC the activities of the SERC Advisory Committee in the absence of the Chair or Vice Chair.

(9) The SERC Advisory Committee shall:

(a) consider all subjects presented to them;

(b) consider subjects assigned to them by the SERC; and

(10) One-half of the members of the SERC Advisory Committee shall be reappointed or replaced by the SERC every two years.

(11) When a vacancy occurs in the SERC Advisory Committee, a replacement shall be appointed by the SERC to complete the remainder of the term.

History

KEY: state emergency response commission, hazardous materials, SERC
Date of Last Change: February 20, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-702

Utah Admin. Code R698-5-5 Local Emergency Planning Committee

(1) The creation, modification or dissolution of an LEPC shall be approved by the SERC.

(2) A jurisdiction requesting the formation of an LEPC shall provide the following information to the SERC Advisory Committee:

(a) a plan for coordinating the proposed additional LEPC with the county LEPC and/or any other city formed LEPC in that county.

(b) an assessment of the jurisdiction's population and hazardous materials risk, to include but not limited to fixed facilities, rail, highways, and hazardous material pipelines; and

(c) A determination of how that agency, if allowed to form an LEPC, would meet all federal LEPC standards as identified in 42 USC Chapter 116.

(3) By July 1 of each year LEPCs shall submit the following information to the Utah Department of Public Safety, Division of Emergency Management, contact information for the LEPC:

(a) chair;

(b) co-chairs;

(d) members employed by a local government organization designated to receive tier II chemical inventory reports.

(4) An LEPC wishing to dissolve shall submit the following to the SERC Advisory Committee:

(a) reasons why the dissolution is in the best interest of the public served by the LEPC;

(b) a formal agreement with another LEPC addressing:

(i) the assumption of LEPC duties identified in 42 U.S.C. Chapter 116;

(ii) the transfer of remaining LEPC operational funds; and

(iii) the assumption of outstanding LEPC financial obligations; and

(c) a plan to notify facilities located within the jurisdiction of the dissolving LEPC who submitted chemical inventory or chemical emergency planning information to the LEPC within the previous year, providing notice of the LEPC dissolution and providing the name and mailing address of the LEPC assuming the dissolving LEPC duties.

(5) The SERC Advisory Committee shall evaluate information submitted in accordance with Subsections R698-5- 4(2) through R698-5-4(4) and shall make a recommendation to the SERC concerning LEPC creation, modification or dissolution.

(6) The SERC shall consider the following in its decision to approve or disapprove the formation, modification or dissolution of an LEPC:

(a) the recommendation of the SERC Advisory Committee;

(b) all information submitted to the SERC Advisory Committee; and

(7) The LEPC shall coordinate its overall planning and direction with the SERC.

(i) The SERC shall supervise the overall planning and direction of the LEPC.

(8) The LEPC shall submit a copy of their hazardous materials emergency response plan to the SERC for review.

(9) The SERC shall approve the amount of US Department of Transportation Hazardous Materials Emergency Preparedness Grant funding to be given to each LEPC and shall establish criteria for that funding to be awarded.

History

KEY: state emergency response commission, hazardous materials, SERC
Date of Last Change: February 20, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-702

Utah Admin. Code R698-5-6 Adjudicative Proceedings

(1) All adjudicative proceedings performed by the SERC shall proceed informally as authorized by Sections 63G-4- 201 through 63G-4-203.

(2) An agency whose request to create, modify or dissolve an LEPC is denied by the SERC shall have an opportunity for a hearing before the SERC if requested by that agency within 20 days after receiving notice.

(3) The SERC shall act as the hearing authority, and shall convene after timely notice to all parties involved.

(a) The members of the SERC acting as the hearing authority shall consist of:

(i) the Commissioner of the Department of Public Safety; and

(ii) the Executive Director of the Department of Environmental Quality.

(b) The SERC shall also be joined when acting as the hearing authority by a representative from the Attorney General's Office.

(4) After acting as the hearing authority, the SERC shall direct the secretary to issue a signed order to the agency involved giving the decision of the SERC within a reasonable time of the hearing pursuant to Section 63G-4-203.

(5) Reconsideration of the SERC decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

(6) Judicial review of all final SERC actions resulting from informal adjudicative proceedings shall be conducted pursuant to Section 63G-4-402.

History

KEY: state emergency response commission, hazardous materials, SERC
Date of Last Change: February 20, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-702

R698-7 Emergency Vehicles

Utah Admin. Code R698-7-1 Purpose

This rule establishes the criteria and requirements to designate vehicles as emergency vehicles.

History

KEY: emergency vehicle
Date of Last Change: January 22, 2025
Notice of Continuation: March 13, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-310; 53-1-108(1)(c)

Utah Admin. Code R698-7-2 Authority

This rule is authorized by Section 41-6a-310 and Subsection 53-1-108(1)(c).

History

KEY: emergency vehicle
Date of Last Change: January 22, 2025
Notice of Continuation: March 13, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-310; 53-1-108(1)(c)

Utah Admin. Code R698-7-3 Definitions

(1) Terms used in this rule are defined in Section 41-6a-102.

(2) In addition:

(a) "emergency" means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential to the preservation of human life or property and justifies the operator of a vehicle to exercise the driving privileges in Subsection 41-6a-212(2); and

(b) "industrial ambulance" means an ambulance that is owned and operated by a private company for the sole benefit of its employees.

History

KEY: emergency vehicle
Date of Last Change: January 22, 2025
Notice of Continuation: March 13, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-310; 53-1-108(1)(c)

Utah Admin. Code R698-7-4 Publicly Owned Emergency Vehicles

A publicly owned fire department vehicle, publicly owned police vehicle, Department of Transportation incident management team vehicle, or Department of Public Safety vehicle may be designated as an emergency vehicle if the vehicle:

(1) responds to emergencies;

(2) is in compliance with the emergency lights and siren requirements of Title 41, Chapter 6a, Traffic Code;

(3) is properly licensed and insured; and

(4) is approved as an emergency vehicle by the state agency or political subdivision that owns it.

History

KEY: emergency vehicle
Date of Last Change: January 22, 2025
Notice of Continuation: March 13, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-310; 53-1-108(1)(c)

Utah Admin. Code R698-7-5 Privately Owned Emergency Vehicles

Privately owned vehicles may be designated as emergency vehicles by meeting the requirements set forth in this rule.

History

KEY: emergency vehicle
Date of Last Change: January 22, 2025
Notice of Continuation: March 13, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-310; 53-1-108(1)(c)

Utah Admin. Code R698-7-6 Categories of Privately Owned Emergency Vehicles

Privately owned emergency vehicles shall be divided into the following categories:

(1) private fire response vehicles;

(2) private police vehicles;

(3) private search and rescue vehicles;

(4) private ambulance vehicles; and

(5) private organ transport vehicles.

History

KEY: emergency vehicle
Date of Last Change: January 22, 2025
Notice of Continuation: March 13, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-310; 53-1-108(1)(c)

Utah Admin. Code R698-7-7 Private Fire Response Vehicles, Private Police Vehicles, and Private Search and Rescue Vehicles

A private fire response vehicle, private police vehicle, or private search and rescue vehicle may be designated as an emergency vehicle if:

(1) the vehicle is used on a part time basis to assist a governmental agency in responding to emergencies;

(2) the owner of the vehicle receives written authorization to operate the vehicle as an emergency vehicle from the sheriff, chief of police, or fire chief of the governmental agency that the vehicle is authorized to assist;

(3) the vehicle is in compliance with the emergency lights and siren requirements of Title 41, Chapter 6a, Traffic Code;

(4) the vehicle is properly licensed and insured; and

(5) the governmental agency that authorizes the vehicle to operate as an emergency vehicle has adopted written policies regarding the operation of emergency vehicles in their jurisdiction. The policies shall require compliance with the statutory restrictions and requirements of Title 41, Chapter 6a, Traffic Code.

History

KEY: emergency vehicle
Date of Last Change: January 22, 2025
Notice of Continuation: March 13, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-310; 53-1-108(1)(c)

Utah Admin. Code R698-7-8 Ambulance Vehicles

(1) A publicly owned or privately owned ambulance vehicle may be designated as an emergency vehicle if the vehicle is licensed by the Bureau of Emergency Medical Services to provide emergency and non-emergency ambulance services under Title 53, Chapter 2d, Emergency Medical Services Act.

(2) An industrial ambulance vehicle can be designated as an emergency vehicle if:

(a) the vehicle is in compliance with the emergency lights and siren requirements of Title 41, Chapter 6a, Traffic Code;

(b) the vehicle is properly insured;

(d) the company that owns the vehicle receives written authorization to operate the vehicle as an emergency vehicle from:

(i) the sheriff of the county in which the company is located; and

(ii) the chief of police of the city, if any, in which the company is located.

History

KEY: emergency vehicle
Date of Last Change: January 22, 2025
Notice of Continuation: March 13, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-310; 53-1-108(1)(c)

Utah Admin. Code R698-7-9 Private Organ Transport Vehicles

A private organ transport vehicle may be designated as an emergency vehicle if:

(1) the vehicle is solely used to transport human organs, human tissues, or surgical team members for transplant purposes;

(2) the owner of the vehicle receives written authorization to operate the vehicle as an emergency vehicle from the commissioner;

(3) the vehicle is in compliance with the emergency lights and siren requirements of Title 41, Chapter 6a, Traffic Code, using only red, or red and white flashing lights;

(4) the vehicle is properly licensed, insured, and complies with vehicle safety requirements;

(5) the vehicle is properly identified as an organ or tissue transplant vehicle; and

(6) the operator of the vehicle has completed:

(a) an emergency vehicle operator course approved by the department; and

(b) a defensive driving course approved by the department.

History

KEY: emergency vehicle
Date of Last Change: January 22, 2025
Notice of Continuation: March 13, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-310; 53-1-108(1)(c)

R698-8 Local Public Safety and Firefighter Surviving Spouse Trust Fund

Utah Admin. Code R698-8-1 Purpose

The purpose of this rule is to establish procedures for implementation of the Public Safety Officer and Firefighter Line- of-Duty Death Act.

History

KEY: line-of-duty death, cost sharing agreement, surviving spouse trust fund
Date of Last Change: September 4, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53-17-301

Utah Admin. Code R698-8-2 Authority

This rule is authorized by Section 53-17-301.

History

KEY: line-of-duty death, cost sharing agreement, surviving spouse trust fund
Date of Last Change: September 4, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53-17-301

Utah Admin. Code R698-8-3 Definitions

(1) The terms used in this rule are defined in Section 53-17-102.

(2) In addition:

(a) "department" means the Utah Department of Public Safety; and

(b) "participating agency" means an employer defined in Section 53-17-102 that has elected to participate in the trust fund.

History

KEY: line-of-duty death, cost sharing agreement, surviving spouse trust fund
Date of Last Change: September 4, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53-17-301

Utah Admin. Code R698-8-4 Participation Process

(1) An employer that elects or is required to participate in the trust fund pursuant to Section 53-17-301 shall submit:

(a) a cost sharing agreement form approved by the board;

(b) a certificate of eligible employees form approved by the board that identifies the number of eligible members at the time the employer elects to participate in the trust fund; and

(2) The information described in Subsection R698-8-4(1) shall be addressed to the Commissioner's office of the Department of Public Safety, Attn. Trust Fund.

(3) The cost sharing agreement form shall contain the following:

(a) the name, address and phone number of the employer; and

History

KEY: line-of-duty death, cost sharing agreement, surviving spouse trust fund
Date of Last Change: September 4, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53-17-301

Utah Admin. Code R698-8-5 Annual Payment of Premiums

(1) A participating agency shall continue to submit annual premium payments to the department in order to continue to participate in the trust fund.

(2) Annual premium payments shall be submitted to the department no later than June 30 of each year and shall be accompanied by an updated certificate of eligible employees form that identifies the number of eligible members as of March 31.

(3) If a participating agency fails to submit a premium payment as required in this subsection, the department shall notify the participating agency of the delinquency in premium payments.

(4) If after receipt of a delinquency notice the participating agency fails to submit the annual premium payment within 30 days of the date of the notice, the department shall:

(a) notify the participating agency that the employer is no longer considered to be a participant in the trust fund; and

(b) include in the notice the total amount of premiums paid by the employer into the trust fund.

History

KEY: line-of-duty death, cost sharing agreement, surviving spouse trust fund
Date of Last Change: September 4, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53-17-301

Utah Admin. Code R698-8-6 Reimbursement of Health, Dental, and Vision Coverage Costs

(1) In the event of a line-of-duty death of a member, a participating agency may receive reimbursement for payment of health, dental, and vision coverage premiums and contributions made to a health savings account as described in Section 53-17- 201.

(2) To receive reimbursement for payments described in Subsection (1), the participating agency shall submit to the department:

(a) a request for reimbursement on a form approved by the board upon initial request; and

(b) a copy of the statement provided by the group health, dental, and vision plan that includes the participating agency's costs for coverage upon initial request and each month thereafter.

(3) The request for reimbursement form shall include:

(a) the name of the spouse for whom coverage is provided; and

(b) the name and date or birth for each child under the age of 26 for whom coverage is provided.

(4) If the member did not have a living spouse at the time of death, the request for reimbursement form shall include the name and date of birth for each child under the age of 26 for whom coverage is provided.

(5) An employer is only eligible for reimbursement of health, dental, and vision coverage costs from the trust fund for a line of duty death that occurred between July 1, 2005 and July 1, 2018 if the employer participated in the trust fund in compliance with Section R698-8-4 prior to July 1, 2018 and is current with premium payments.

(6) An employer is not eligible for reimbursement of health, dental, and vision coverage costs from the trust fund for a line of duty death if at the time the line of duty death occurs, the employer is not a participating agency in compliance with this rule.

History

KEY: line-of-duty death, cost sharing agreement, surviving spouse trust fund
Date of Last Change: September 4, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53-17-301

Utah Admin. Code R698-8-7 Discontinuation of Reimbursement of Health, Dental, and Vision Coverage Costs

(1) In the event of the death of a spouse or child for whom coverage is provided under Section 53-17-201, the participating agency shall submit to the department:

(a) a form approved by the board that includes;

(i) the name of the spouse or child that is deceased;

(ii) the individual's date of birth; and

(iii) the date of the individual's death.

(2) Upon receipt of the form described in Subsection (1), the department shall discontinue reimbursement of health, dental, and vision coverage costs from the trust fund for the deceased individual.

(3) If reimbursement is being paid from the trust fund for health, dental, or vision coverage costs to an employer for a child under the age of 26, reimbursement will be automatically discontinued when the child reaches the age of 26.

History

KEY: line-of-duty death, cost sharing agreement, surviving spouse trust fund
Date of Last Change: September 4, 2026
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 53-17-301

R698-9 Utah Law Enforcement Memorial Support Restricted Account

Utah Admin. Code R698-9-1 Purpose

The purpose of this rule is to establish procedures by which an organization may apply to the department to receive funds under Section 53-1-120.

History

KEY: Utah Law Enforcement Memorial Support Restricted Account
Date of Last Change: June 7, 2017
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-120(7)

Utah Admin. Code R698-9-2 Authority

This rule is authorized by Section 53-1-120(7) which provides that the commissioner shall make rules regarding the procedures for an organization to apply to receive funds from the account.

History

KEY: Utah Law Enforcement Memorial Support Restricted Account
Date of Last Change: June 7, 2017
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-120(7)

Utah Admin. Code R698-9-3 Definitions

(1) The terms used in this rule are defined in Section 53-1-102.

(2) In addition:

(a) "awarded funds" means the funds appropriated by the department from the account;

(b) "restricted funds" means the funds appropriated to the department from the account;

History

KEY: Utah Law Enforcement Memorial Support Restricted Account
Date of Last Change: June 7, 2017
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-120(7)

Utah Admin. Code R698-9-4 Application Process

(1) An organizations that wishes to receive awarded funds must submit an application to the commissioner.

(2) The application must contain the following:

(a) verification that the organization is a charitable organization that qualifies for tax exempt status under Internal Revenue Code Section 501(c)(3);

(b) a statement indicating that a primary part of the organization's mission is to support the operation and maintenance of the Utah Law Enforcement Memorial;

(c) a detailed description of how the organization intends to spend the awarded funds to support the operation and maintenance of the Utah Law Enforcement Memorial; and

(d) documentation of how the organization spent any awarded funds that were previously appropriated to the organization.

(3)(a) All applications must be submitted before July 1 in order to be eligible for awarded funds from the current fiscal year.

(b) If no applications are received by July 1, applications submitted after July 1 will be reviewed and considered on a case by case basis.

History

KEY: Utah Law Enforcement Memorial Support Restricted Account
Date of Last Change: June 7, 2017
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-120(7)

Utah Admin. Code R698-9-5 Distributions and Prioritization of Awards

(1) The commissioner shall review any applications that have been submitted and determine which organization will receive awarded funds based upon the following criteria:

(a) which organization's intended use of the awarded funds will have the broadest application or meet the greatest need; and

(b) whether the organization used previously awarded funds in the manner for which they originally sought the funds.

(2) The commissioner shall distribute all restricted funds in the account each year to one or more qualified organizations.

History

KEY: Utah Law Enforcement Memorial Support Restricted Account
Date of Last Change: June 7, 2017
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-120(7)

R698-10 Electronic Meetings

Utah Admin. Code R698-10-1 Authority

This rule is authorized by Section 52-4-207.

History

KEY: electronic meetings, public meetings, open meetings
Date of Last Change: July 18, 2017
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 52-4-103; 52-4-207

Utah Admin. Code R698-10-2 Purpose

The purpose of this rule is to establish procedures for conducting electronic meetings by department public bodies.

History

KEY: electronic meetings, public meetings, open meetings
Date of Last Change: July 18, 2017
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 52-4-103; 52-4-207

Utah Admin. Code R698-10-3 Definitions

(1) Terms used in this rule are defined in Section 52-4-103.

(2) In addition:

(a) "department" means the Utah Department of Public Safety.

History

KEY: electronic meetings, public meetings, open meetings
Date of Last Change: July 18, 2017
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 52-4-103; 52-4-207

Utah Admin. Code R698-10-4 Notice and Procedure of Electronic Meetings

(1) The following provisions govern any meeting in which one or more members of a public body appear electronically or telephonically:

(a) if one or more public body members may participate electronically or telephonically in a meeting, the public notice of the meeting shall so indicate;

(b) the meeting minutes shall identify all public body members who participate electronically or telephonically in the meeting; and

(c) a member of the public body who participates in the meeting through electronic or telephonic means is considered to be present at the meeting for quorum, participation, and voting requirements.

(2) The department may decline to hold a meeting as an electronic or telephonic meeting due to budget, technical, or logistical issues.

History

KEY: electronic meetings, public meetings, open meetings
Date of Last Change: July 18, 2017
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 52-4-103; 52-4-207

Utah Admin. Code R698-10-5 Anchor Location

(1) The anchor location for an electronic meeting shall be designated in the meeting notice.

(2) A quorum of a public body is not required to be present at the anchor location for an electronic meeting.

(3) The anchor location shall have space where interested persons and the public may attend and monitor the open portions of the meeting.

History

KEY: electronic meetings, public meetings, open meetings
Date of Last Change: July 18, 2017
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 52-4-103; 52-4-207

R698-11 Submission and Testing of Sexual Assault Kits

Utah Admin. Code R698-11-1 Authority

This rule is authorized under Section 76-5-609.

History

KEY: sexual assault kits, sexual assault kit analysis
Date of Last Change: January 10, 2018
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 76-5-609

Utah Admin. Code R698-11-2 Purpose

The purpose of this rule is to establish procedures for the submission and testing of sexual assault kits, requirements regarding information and evidence to be submitted as a part of each sexual assault kit submission, and goals for the completion of analysis and classification of sexual assault kit submissions.

History

KEY: sexual assault kits, sexual assault kit analysis
Date of Last Change: January 10, 2018
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 76-5-609

Utah Admin. Code R698-11-3 Definitions

(1) Terms used in this rule are defined in Section 53-1-102 and 53-10-102.

(2) In addition:

(a) "bureau" means the Bureau of Forensic Services within the Department of Public Safety established in Section 53- 10-201; and

(b) "DNA" means deoxyribonucleic acid.

History

KEY: sexual assault kits, sexual assault kit analysis
Date of Last Change: January 10, 2018
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 76-5-609

Utah Admin. Code R698-11-4 Sexual Assault Kit Submission

(1)(a) Sexual assault kits submitted to the bureau for analysis shall be packaged in accordance with the Utah Bureau of Forensic Services Evidence Handbook.

(b) Sexual assault kits that do not meet the packaging guidelines in the Utah Bureau of Forensic Evidence Handbook shall be returned to the submitting entity without analysis.

(c) A sexual assault kits may be re-submitted after it has been repackaged in accordance with the Utah Bureau of Forensic Services Evidence Handbook.

(2) The bureau shall only accept sexual assault kits that meet the criteria for analysis in R698-11-5.

(3) Sexual assault kits submitted to the bureau for analysis shall be accompanied by the Sexual Assault Examination documentation provided by the medical personnel conducting the examination.

History

KEY: sexual assault kits, sexual assault kit analysis
Date of Last Change: January 10, 2018
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 76-5-609

Utah Admin. Code R698-11-5 Sexual Assault Kit Analysis

(1) The bureau shall analyze sexual assault kits in the following types of cases:

(a) criminal investigations and prosecutions.

(2) The bureau shall only analyze sexual assault kits:

(a) which have been collected by means utilized and validated by the bureau; and

(b) that are of sufficient quality and quantity to be analyzed.

(3) Sexual assault kits submitted to the bureau for analysis shall be examined by the bureau to determine the number of samples in a given case on which it will perform identification, comparison or analysis.

(4)(a) The bureau shall give priority to current and active cases over cold cases.

(b) An entity seeking to have a sexual assault kit analyzed by the bureau may submit a request to expedite the analysis to the section manager.

(c) The bureau shall consider the following factors when determining whether to expedite the analysis of the sexual assault kit:

(i) there exists an immediate threat to public safety;

(ii) a court date is scheduled and imminent; or

(iii) a person is detained pending laboratory results.

(5) The submitting entity shall make reasonable efforts to provide the bureau with comparison standards, such as:

(a) comparison standards for DNA analysis from all available potential sources.

History

KEY: sexual assault kits, sexual assault kit analysis
Date of Last Change: January 10, 2018
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 76-5-609

Utah Admin. Code R698-11-6 Laboratory Goals and Classifications

(1) The bureau shall classify sexual assault kit submissions as follows:

(a) first priority if an immediate threat to public safety exists;

(b) second priority if a court date is scheduled and imminent; or

(2) The goal for completion of analysis of sexual assault kit submissions is as follows:

(a) within 30 days from the date of submission for first priority cases;

(b) within 60 days from the date of submission for second priority cases; and

History

KEY: sexual assault kits, sexual assault kit analysis
Date of Last Change: January 10, 2018
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 76-5-609

R698-12 Fallen Officer Memorial Scholarship Program

Utah Admin. Code R698-12-1 Purpose

The purpose of this rule is to establish the process for a child of a public safety officer of a firefighter who died in the line of duty, and who is at least 17 years of age, to apply for the Fallen Officer Memorial Scholarship Program created in Section 53-17a-101.

History

KEY: fallen officer memorial scholarship, scholarship program
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 53-17a-101

Utah Admin. Code R698-12-2 Authority

This rule is authorized by Section 53-17a-101.

History

KEY: fallen officer memorial scholarship, scholarship program
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 53-17a-101

Utah Admin. Code R698-12-3 Definitions

Terms used in this rule are found in Section 53-17a-101.

History

KEY: fallen officer memorial scholarship, scholarship program
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 53-17a-101

Utah Admin. Code R698-12-4 Applications

(1) A child applying for scholarship funding shall submit the application to the department:

(a) on a form approved by the department;

(b) with supporting documentation that reflects the educational-related expenses for which the funding will be used; and

(2) Applications received by the department from an applicant after funding has been granted to the applicant for four years shall be denied.

History

KEY: fallen officer memorial scholarship, scholarship program
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 53-17a-101

Utah Admin. Code R698-12-5 Awards of Scholarship Funding

The department shall:

(1) review timely applications submitted to the department to determine that;

(a) the applicant is eligible to receive grant funding in accordance with Section 53-17a-101; and

(b) the educational-related expenses outlined in supporting documentation submitted with the application are eligible to receive scholarship funding;

(2) approve funding awards for qualified applicants; and

(3) notify each applicant:

(a) of the approval or denial of the application for scholarship funding;

(b) of the amount of scholarship funding that will be made available to the applicant for education-related expenses; and

(c) that funds provided may be subject to funding availability or be reduced in accordance with Subsection 53-17a- 101(6).

History

KEY: fallen officer memorial scholarship, scholarship program
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 53-17a-101

Utah Admin. Code R698-12-6 Appeal Process for Denial of Scholarship Funding

If an application is denied, an applicant may seek reconsideration by contacting the department and requesting that their application be reviewed.

History

KEY: fallen officer memorial scholarship, scholarship program
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 53-17a-101

R698-13 School Safety

Utah Admin. Code R698-13-1 Authority

This rule is authorized by Section 53-22-102.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-2 Purpose

This rule establishes building and safety standards for any public or private school.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-3 Definitions

(1) Terms used in this rule are defined in Sections 53-1-102 and 53-22-101.

(2) In addition:

(a) "adjacent campus" means any additional campus grounds within one-fourth of a mile that are not separated by a physical barrier or major multi-lane roadway or divided highway that are under the jurisdiction of the LEA;

(b) "ballistic glass" means glass certified at a minimum level of:

(i) Underwriters Laboratories Standard UL752-23, Standard for Bullet-Resisting Equipment, Threat Level UL-RF-E from Table C1 (Legacy Level 7) (2023), incorporated by reference in this rule; or

(ii) ASTM F3279-24, Standard Test Method for Ballistic Resistant Security Glazing Materials, Threat and Performance Level 4, Ballistic Test Identity (BTI) R1-T1-C5-2L under Table 1, Ballistic Criteria (2021), incorporated by reference in this rule;

(c) "campus grounds" means a local education authority governed property or building where K-12 students gather daily for instructional purposes and has an assigned administrator;

(d) "division" means the Division of State Security created by the department;

(e) "instructional area" means any location inside the campus buildings wherein instruction may occur;

(f) "managed point of entry" means an entrance into a school or classroom that is controlled by school staff or a video visitor management system that may allow remote access;

(g) "radio communication equipment" means a combination of components, radio frequency emitting devices, antennas, cables, power supplies, control circuitry, and programming installed at a specific location to improve wireless communication at that location that meets the National Fire Protection Association (NFPA) 1225 Standard for Emergency Services Communications (2022), incorporated by reference in this rule;

(h) "school" means an elementary school or secondary school that provides instruction for one or more of the grades of kindergarten through grade 12 and is:

(i) a public school as defined in Section 53G-9-205.1;

(ii) a private school; or

(iii) an online school that has a permanent physical location where students gather or receive instruction more than twice a month; and

(i) "security glazing" means a clear or tinted durable material applied to glass doors and windows that enhances the structural integrity of the glass by preventing it from shattering and falling to the ground when impacted by an object and meets the minimum standard established by:

(i) ASTM F3561, Standard Test Method for Forced-Entry-Resistance of Fenestration Systems After Simulated Active Shooter Attack, minimum level 3 of Table 2, Potential Energy of Impactor and Drop Height (2023), incorporated by reference in this rule; and

(ii) ANSI Z97.1-15(R2020) American National Standard, for safety glazing materials used in buildings safety performance specifications and methods of test, must meet the durability requirements of Sections 5.3 and 5.4, incorporated by reference in this rule.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-4 Limited Entry Points and Windows

(1) Schools that have grade five to grade twelve shall establish and maintain a managed point of entry with proper visitor management beginning no later than ten minutes after the first bell rings until the final bell rings.

(2) Schools that have kindergarten to grade four shall establish and maintain a managed point of entry with proper visitor management beginning no later than 20 minutes before the first bell, and a secured point of entry ten minutes after the first bell until the final bell rings.

(3) Access doors, gates, and other access points that allow ingress to or egress from a school building must:

(a) operate as fully intended;

(b) remain closed and locked; and

(4) Exterior windows surrounding the immediate entryways shall have ballistic glass or security glazing installed on any pane of glass that is within six feet from the floor.

(5) Interior windows of a classroom entrance or instructional areas shall have ballistic glass or security glazing installed on any pane of glass that is within six feet from the floor.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-5 Video Surveillance and Exterior Cameras

(1) A school shall install interior and exterior cameras for video surveillance of each entrance established under Section R698-13-4 in accordance with Section 53-22-102.

(2) Video recordings shall be:

(a) maintained by the school for a period of 14 days; and

(b) made available to the division upon request.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-6 Internal Classroom Door Locks

(1) School classrooms and other instructional areas must have doors equipped with locks that allow them to be securely locked when occupied by students.

(2) A school shall install an internal lock on each classroom or instructional area door that complies with the International Fire Code Section 1010.2.8, Locking arrangements in educational occupancies, as incorporated as part of the State Fire Code in Section 15A-5-103.

(3) Classroom or instructional area door locking arrangements that do not satisfy the requirement in Subsection R698- 13-6(2), shall remain locked, in a closed or fully open position, while school is in session.

(4) Magnets or other methods to circumvent door locks may not be used to prevent the door from being locked and latched while school is in session.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-7 Bleed Kits and First Aid Kits

A school shall ensure that each classroom and large gathering areas are equipped with bleed kits and have access to a first aid kit within the school's office and gymnasium or anywhere school administrators deem as appropriate.

(1) A bleed kit shall include:

(a) four C-A-T or SOF-T gen 5 or newer style tourniquets;

(b) four compressed gauze;

(d) two Z-fold hemostatic gauze or equivalent;

(e) one abdominal emergency trauma dressings;

(f) four HyFin style vent chest seal twin pack;

(g) two CPR microshields;

(h) one two inch roll of surgical tape;

(i) five pairs of large nitrile gloves;

(j) one 5.25 inch or larger trauma shears;

(k) two permanent markers; and

(l) two survival blankets.

(2) A first aid kit shall at a minimum include the following basic medical supplies:

(a) eyewash with eye pads and strip;

(b) bandages;

(d) burn dressing;

(e) cold pack;

(f) conforming gauze roll;

(g) one CPR face shield;

(h) first aid tape;

(i) petroleum jelly;

(j) nitrile exam gloves;

(k) sterile gauze pads;

(l) scissors and tweezer;

(m) trauma pads;

(n) ammonia inhalant;

(o) appendage splint; and

(p) electrolyte liquid or glucose gel.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-8 Fencing Around Playgrounds

(1) A school shall install fencing that is a minimum height of six feet tall around school playgrounds and outdoor areas where school sponsored activities may take place on campus grounds.

(2) Campus grounds, including school outdoor areas and playgrounds may be restricted from being accessed by the public during school hours or after hours as determined by the school.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-9 Compliance Timeline for Safety and Security Standards

(1) A school must comply with the safety and security standards under Sections R698-13-4 through R698-13-8:

(a) immediately for new school building construction and design projects;

(b) for existing school buildings;

(i) by school year 2034-2035 for limited entry points and fencing playgrounds; and

(ii) by school year 2029-2030 for video surveillance of entrances, internal classroom door locks, bleed kits and first aid kits, and exterior cameras on entrances, parking areas, and campus grounds.

(2) If a school fails to comply with the safety and security standards described under Subsection R698-13-9(1), the State Security Chief shall:

(a) consult with the local governing board regarding compliance issues;

(b) establish a plan and timeline to remedy compliance issues; and

(c) if compliance issues are not remedied under Subsection R698-13-9(2)(b), recommend to the commissioner the denial or revocation of the school's occupancy permit under Section 53-1-108.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-10 Online School Temporary Location

An online school that gathers in a temporary physical location for periods of instruction longer than four hours more than twice a week and has more than 50 students present, shall provide a peace officer, armed security guard, or school guardian as provided under Section 53-22-105.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-11 Examination of Plans and Specifications for Construction or Remodeling of a School Building

Plans and specifications for construction or remodeling of a school building shall be reviewed by department personnel in accordance with Section 53E-3-706.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-12 Approval of Safety and Security Criteria for Building Inspectors

The State Security Chief shall coordinate with the state superintendent of public instruction to approve the safety and security criteria for building inspectors.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-13 Required Reporting System for Public Schools to Report Threats

The State Security Chief shall coordinate with the Utah State Board of Education and Statewide Information and Analysis Center to report serious and non-serious threats and other data related to threat assessment.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-14 Procedures Governing Formal Adjudicative Proceedings

(1) The commissioner or designee shall begin an agency action to revoke or deny a school's occupancy permit for a building if the building does not meet the standards established in this rule or the building remains non-compliant with the established standards after consultation with the local governing board.

(2) Any adjudicative proceeding initiated by the commissioner or designee to revoke or deny a school's occupancy permit shall be a formal proceeding as provided by Section 63G-4-202.

(3) Any adjudicative proceeding initiated by the commissioner or designee to revoke or deny a school's occupancy permit shall be commenced by filing of a Notice of Agency Action.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-15 Responsive Pleadings

(1) The school shall file a written response with the division, signed by the school administrator or the school's attorney, within 30 days of the mailing date of the Notice of Agency Action.

(2) The written response shall comply with the requirements in Section 63G-4-204.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-16 Scheduling a Hearing Before an ALJ

(1)(a) If the commissioner receives a responsive pleading from the school, a notice containing the location, date, and time for the hearing shall be issued by the commissioner.

(b) The notice of hearing shall be filed with the division and a copy sent to the school

(2) The hearing shall be held within a reasonable time after service of the responsive pleading unless a later scheduling is mutually agreed upon by the commissioner and the school.

(3) Each hearing shall be conducted by an ALJ in accordance with Section 63G-4-206.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-17 Discovery and Subpoenas

(1)(a) In adjudicative proceedings parties may conduct only limited discovery.

(b) A school's right to discovery does not extend to interrogatories, requests for admissions, request for the production of documents, request for the inspection of items, or depositions.

(2) Upon request, the school is entitled to a copy of the materials contained in the division's investigative file that the division intends to use in the adjudicative proceeding. The school is only entitled to those materials after filing a written response with the division.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-18 ALJ Decision

(1) Within 30 days from the date a hearing is held, the ALJ shall sign and issue a written decision that includes a statement of:

(a) the ALJ's findings of fact based exclusively on the evidence of record in the adjudicative hearing or on facts officially noted;

(b) the ALJ's conclusions of law; and

(2) If the ALJ determines there is insufficient evidence to find that the school violated, the matter shall be dismissed.

(3) The ALJ's decision shall be filed with the division and a copy sent to the school by mail.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-19 Final Order

(1) After the ALJ has decided the matter, the commissioner shall issue a final order within 30 days of the hearing.

(2) The final order shall state the action taken by the commissioner with regard to the school's occupancy permit and shall include information on the appeal process.

(3) The action shall be effective on the date that the final order is signed by the commissioner.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-20 Judicial Review

(1) A school may obtain judicial review of the council's action by filing a petition for judicial review with the Utah Court of Appeals within 30 days after the date that the final order is issued by the commissioner.

(2) The petition must meet requirements specified in Sections 63G-4-401 and 63G-4-403.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-21 School Guardian Program

The school safety security specialist for each school shall inform the county security chief if the school guardian is no longer eligible to be employed by the school district or is removed from the school guardian program.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

Utah Admin. Code R698-13-22 School Safety Personnel

A school with an adjacent campus that uses a single peace officer, armed security guard, or school guardian, shall have radio communication equipment at both locations and provide the individual with a radio to allow immediate radio contact with the adjacent campus.

History

KEY: school security, school safety
Date of Last Change: August 27, 2025
Authorizing, and Implemented or Interpreted Law: 53-1-108; 53-22-102

R698-14 Security Improvement Certification

Utah Admin. Code R698-14-1 Purpose

This rule establishes the procedure for an individual to apply to the department for a protection certificate.

History

KEY: law enforcement, security improvements, protection certificate
Date of Last Change: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-30-201

Utah Admin. Code R698-14-2 Authority

This rule is authorized by Section 53-30-201.

History

KEY: law enforcement, security improvements, protection certificate
Date of Last Change: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-30-201

Utah Admin. Code R698-14-3 Definitions

(1) Terms used in this rule are defined in Sections 53-1-102 and 53-30-101.

(2) In addition, "i mmediate family member" means an applicant's spouse, child, parent, or grandparent who resides with the applicant.

History

KEY: law enforcement, security improvements, protection certificate
Date of Last Change: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-30-201

Utah Admin. Code R698-14-4 Application Process

In addition to the information required in Subsection 53-30-201(1), the application for certification shall include:

(1) engineering certification of the proposed security improvement from an individual licensed under Subsection 58- 22-302(2);

(2) specific information supporting the credible threat, including:

(a) reports of a Utah law enforcement agency documenting the threat to the applicant or the applicant's immediate family member; or

(b) reports from a Utah law enforcement agency documenting physical harm;

(3) full names and dates of birth for each individual residing on the property;

(4) fingerprint cards of the applicant and each adult residing on the property, including consent for the department to conduct a criminal background investigation;

(5) descriptions of other security measures implemented;

(6) if other security measures have not been implemented, a statement describing why other security measures have not been implemented, or are inadequate or not effective;

(7) the name and contact information of the municipal or building official with jurisdiction of the property;

(8) records of prior building permit applications including any reasons for denial from the building official;

(9) copies of county or land use regulations which prohibit the approval of the building permit;

(10) photos of existing structures taken from property line, and 500 feet from property documenting each side of existing structures;

(11) renderings of proposed visual changes to existing structures;

(12) a statement acknowledging and accepting that the land use authority may require any additions, alteration or improvement made under the protection certificate be removed before sale or transfer of the property; and

(13) records of ownership and financial information demonstrating compliance with Title 63L, Chapter 13, Restrictions on Foreign Acquisitions of Land Act.

History

KEY: law enforcement, security improvements, protection certificate
Date of Last Change: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-30-201

Utah Admin. Code R698-14-5 Review of Application

(1) The certifying officer shall review any information available and shall establish that:

(a) the threat or harm is verified and has been reported to law enforcement agency with jurisdiction of the property;

(b) the threats are current and ongoing;

(d) the applicant and other residents have had a fingerprint-based background check are not involved in illegal activities; and

(e) the improvements are not related to an illegal purpose, plan, or scheme.

(2) The certifying officer may discuss defensibility of the proposed improvement with the fire authority having jurisdiction, and the local law enforcement entity.

(a) If the proposed improvements would endanger the occupants due to lack of egress in a fire, the certification may be denied until appropriate fire protection or egress is established in the proposed plans.

(b) The certifying officer may discuss with the applicant the potential that the improvement may limit law enforcement's ability to respond to incidents.

History

KEY: law enforcement, security improvements, protection certificate
Date of Last Change: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-30-201

Utah Admin. Code R698-14-6 Consultation with Building Authority

The certifying officer shall confidentially consult with the building authority named under Subsection R698-14-4(8) regarding potential mitigation of any material adverse effects a proposed security improvement would cause if the proposed security improvement would be visible to an individual standing within 500 feet of the protected property.

History

KEY: law enforcement, security improvements, protection certificate
Date of Last Change: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-30-201

Utah Admin. Code R698-14-7 Protection Certificate

The protection certificate shall clearly state the certificate expires two years after the day the certificate was issued in accordance with Subsection 53-30-301(1).

History

KEY: law enforcement, security improvements, protection certificate
Date of Last Change: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-30-201

R704 Emergency Management

R704-1 Search and Rescue Financial Assistance Program

Utah Admin. Code R704-1-1 Purpose

The purpose of this rule is to set forth the procedures for obtaining reimbursement from the program for costs and expenses related to SAR activities in accordance with Title 53, Chapter 2, Part 11 and to provide for the administration of the assistance card program.

History

KEY: search and rescue, financial reimbursement, expenses
Date of Last Change: June 24, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-1102

Utah Admin. Code R704-1-2 Authority

This rule is authorized by Section 53-2a-1102(7) which requires the division, with the approval of the board, to make rules for the administration of the program and the assistance card program.

History

KEY: search and rescue, financial reimbursement, expenses
Date of Last Change: June 24, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-1102

Utah Admin. Code R704-1-3 Definitions

(1) Terms used in this rule include those found in Section 53-2a-1102.

(2) In addition:

(a) "board" means the Search and Rescue Advisory Board created in Section 53-2a-1103;

(b) "division" means the Utah Department of Public Safety, Division of Emergency Management created in Section 53-2a-103;

(c) "eligible expense" means the costs and expenses related to SAR activities that the board has determined are reimbursable expenses under Subsection 53-2a-1102(1) and meet the eligibility requirements in Section R704-1-5;

(d) "equipment" means items used by SAR personnel while conducting SAR activities;

(e) "family" means an individual, his or her spouse or partner, and his or her minor children, or up to ten related or cohabitating individuals;

(f) "individual" means a single person;

(g) "maintenance" means materials and services that keeps equipment functional and continue its service life;

(h) "organized group" means multiple individuals who are members of a chartered or sponsored unit, club, team, or similar entity;

(i) "program" means the Search and Rescue Financial Assistance Program;

(j) "SAR" means search and rescue;

(k) "SAR activity" means all activities related to search and rescue including SAR training, the purchase or upgrade of SAR equipment, and the deployment to a SAR incident;

(l) "SAR incident" means an incident, not associated with criminal or law enforcement activity, for which a search and rescue team are deployed to search for and rescue victims;

(m) "training" means instruction that teaches or enhances skills directly related to SAR; and

(n) "upgrade" means materials and services that enhance the function of equipment.

History

KEY: search and rescue, financial reimbursement, expenses
Date of Last Change: June 24, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-1102

Utah Admin. Code R704-1-4 Application Process for Reimbursement for SAR Activities

(1) A county seeking reimbursement for SAR costs and expenses paid by it for search and rescue activities shall submit a separate application packet for each SAR activity to the division.

(2) The application packet shall be submitted within 45 days from the date of a SAR activity in order to be considered timely.

(a) If the SAR activity occurred within 45 days prior to July 1st and the county anticipates that it will submit the application packet after July 1st, then the county shall submit a Notice to Seek Reimbursement form as soon as possible after the SAR activity.

(3) The application packet shall include:

(a) a completed Utah Search and Rescue Financial Assistance Application Form provided by the division; and

(b) documentation showing the costs and expenses paid by the county, including copies of invoices, checks, and receipts.

(i) If a county is unable to obtain a receipt or invoice within the 45 day application packet due date, then that period may be extended an additional 45 days. The county shall provide written notification in the application packet that it has been unable to obtain the receipt or invoice.

(4) The county sheriff shall sign the application with an original signature. A designee may sign the application in place of the sheriff in extenuating circumstances that shall be documented to the division.

History

KEY: search and rescue, financial reimbursement, expenses
Date of Last Change: June 24, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-1102

Utah Admin. Code R704-1-5 Review Process and Eligible Expenses

(1) The board shall meet as required in Section 53-2a-1104 to review the application packets which have been received by the division and determine whether the costs and expenses sought are eligible for reimbursement from the program.

(2) When making this determination, the board shall consider whether the costs and expenses sought are:

(a) reasonable in light of the type of services or equipment provided;

(b) reasonable in light of the market value for the services or equipment provided;

(d) necessary or appropriate for conducting the type of SAR activity for which reimbursement is sought;

(e) reasonably related to or caused by the utilization of the subject equipment in SAR activities;

(f) an unjust or improper enrichment of the owner of the subject equipment; and

(g) incidental to SAR activities:

(i) food is an eligible expense if used exclusively for SAR activities. If food is used for a specific SAR activity, it shall be considered an expense related to the activity. If food is purchased to restock supplies, it shall be considered an equipment purchase;

(ii) clothing is an eligible expense if it marks and readily identifies the wearer as SAR personnel or is an outer garment that serves a specialized function;

(iii) fuel is an eligible expense if used exclusively for SAR activities;

(iv) mileage is an eligible expense in place of fuel reimbursement if the miles driven were exclusively for a SAR activity. The county shall provide documentation that justifies the mileage reimbursement requested;

(v) membership fees to SAR-related organizations is not an eligible expense;

(vi) equipment maintenance is not an eligible expense; and

(vii) medical expenses and transportation by ground or air ambulance are not eligible expenses;

(viii) expenses for the rescue of pets or other domestic animals is not an eligible expense.

History

KEY: search and rescue, financial reimbursement, expenses
Date of Last Change: June 24, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-1102

Utah Admin. Code R704-1-6 Distribution Process

(1) After the conclusion of the fiscal year, the board shall meet to consider the following information for the prior fiscal year:

(a) the total amount of money available in the program;

(b) each county's eligible expenses;

(d) the number of victims residing outside of each county, described in the form of a percentage;

(e) the number of volunteer hours spent in each county in emergency response and SAR activities per county population, described in the form of a ratio; and

(f) which applications were received in a timely manner.

(2) The following formula shall be applied to the eligible expenses to determine a fair and equitable distribution of money from the program:

(a) if the total amount of eligible expenses is less than the amount of money available in the program, all of the eligible expenses shall be reimbursed from the program; and

(b) if the total amount of eligible expenses is more than the amount of money available in the program, the eligible expenses shall be divided into the following categories and be reimbursed in the order in which they appear:

(i) costs and expenses related to SAR incidents;

(ii) SAR-related training; and

(iii) the purchase or upgrade of SAR equipment.

(3) If there is an insufficient amount of money available in the program to cover the eligible expenses in any one of the listed categories, the amount of money remaining in the program shall be divided by the total number of counties.

(4) A county may receive a percentage of the money that is allocated to each county as determined by calculating a percentage from the following point totals:

(a) each county shall receive up to 25 points for the timely submission of application packets, with one point to be deducted for each late application;

(b) each county may receive up to 25 points, based on the number of SAR incidents occurring per county population as determined by the following ratios:

(i) 5 points if the ratio is less than 1:750;

(ii) 10 points if the ratio is equal to or greater than 1:750 but less than 1:500;

(iii) 15 points if the ratio is equal to or greater than 1:500 but less than 1:250;

(iv) 20 points if the ratio is equal to or greater than 1:250 but less than 1:100; and

(v) 25 points if the ratio is equal to or greater than 1:100;

(c) each county may receive up to 25 points based on the percentage of victims residing outside of the subject county as determined by the following percentages:

(i) 5 points if the percentage is less than 20%;

(ii) 10 points if the percentage is 20% or greater but less than 40%;

(iii) 15 points if the percentage is 40% or greater but less than 60%;

(iv) 20 points if the percentage is 60% or greater but less than 80%; and

(v) 25 points if the percentage is 80% or greater; and

(d) each county may receive up to 25 points based on the number of volunteer hours spent in each county in emergency response and SAR activities per county population as determined by the following ratios:

(i) 5 points if the ratio is greater than 1:100 but less than 1:50;

(ii) 10 points if the ratio is equal to or greater than 1:50 but less than 1:25;

(iii) 15 points if the ratio is equal to or greater than 1:25 but less than 1:10;

(iv) 20 points if the ratio is equal to or greater than 1:10 but less than 1:5; and

(v) 25 points if the ratio is equal to or greater than 1:5.

(5) The formula in this rule shall be applied to each of the categories until the amount of money left in the program makes it impractical to continue.

(6) The remaining money in the program shall be used to:

(a) cover the board's costs and expenses; and

(b) reimburse eligible expenses in the next fiscal year.

History

KEY: search and rescue, financial reimbursement, expenses
Date of Last Change: June 24, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-1102

Utah Admin. Code R704-1-7 Procedure to Obtain or Renew a Card and Fee Schedule

(1) An individual, family, or organized group seeking to obtain a card shall apply through the Utah Office of Outdoor Recreation's website and pay the applicable fee.

(2) The fee schedule is:

(a) $25 for an individual annual card or $100 for an individual five-year card;

(b) $35 for a family annual card or $140 for a family five-year card;

(d) $100 for a medium group annual card for 25 to 50 individuals; and

(e) $200 for a large group annual card for 51 or more individuals;

(3) The division shall discount the fee by 10% to an individual who has paid fees under Section 23-19-42, 41-22-34, or 73-18-24 in the same calendar year as his or her application for an individual or family card.

(4) Cards are valid from the date of issuance and remain valid for one year for annual cards and five years for five- year cards.

(5) An individual, family, or organized group may renew a card by applying online through the Utah Office of Outdoor Recreation's website and pay the applicable fee.

(6) The board shall review the fee schedule annually and recommend fee changes to the division.

History

KEY: search and rescue, financial reimbursement, expenses
Date of Last Change: June 24, 2019
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 53-2a-1102

R704-2 Statewide Mutual Aid Act Activation

Utah Admin. Code R704-2-1 Purpose

The purpose of this rule is to provide procedures for jurisdictions activating the Statewide Mutual Aid Act (SMAA) and for persons acting as agents of the state to use in mobilizing or demobilizing available assets in response to an intrastate or interstate disaster as provided in Title 53, Chapter 2a, Part 4, Emergency Management Assistance Compact.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

Utah Admin. Code R704-2-2 Authority

This rule is authorized by Section 53-2a-104.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

Utah Admin. Code R704-2-3 Definitions

(1) Terms used in this rule are defined in Sections 53-2a-102, 53-2a-203, and 53-2a-302.

(2) In addition:

(a) "agent of the state" means any person designated to represent the state;

(b) "authorized representative" means an officer or employee from a participating jurisdiction empowered to request, offer, or provide assistance on behalf of the chief executive officer;

(d) "division" means the Utah Division of Emergency Management;

(e) "EMAC" means Emergency Management Assistance Compact, Utah Code Ann. 53-2a-402;

(f) "EMAC coordinator" means a designated division representative functioning as the coordinator of all Emergency Management Assistance Compact activities and actions between the states;

(g) "emergency manager" means a person designated by a jurisdiction to oversee preparedness, emergency or disaster response, mitigation, and recovery for its community;

(h) "Form 101," SMAA Mission Request Form, is a required document used to request resources;

(i) "Form 102A," Agent of the State of Utah - EMAC Agreement, is a required document that outlines liability, benefits, and financial responsibilities when deploying resources to another state;

(j) "Form 102B," Agent of the State of Utah - SMAA Agreement, is a required document that outlines liability, benefits, and financial responsibilities associated with serving as an agent of the state;

(k) "Form 103," SMAA Pre-deployment Checklist for Personnel, is an optional document that lists preparation steps for deployment;

(l) "Form 104," SMAA Mobilization Sheet, is an optional document that outlines the steps and processes involved with deployment;

(m) "Form 105," SMAA Personnel Location, is an optional tracking tool for deployed personnel who are serving an SMAA mission assignment;

(n) "Form 106," SMAA Resource Availability Log, is an optional log that identifies available resources offered by supporting agencies in response to an event;

(o) "Form 107," SMAA Resource Tracking Form, is an optional tracking tool for resources being utilized under an SMAA mission;

(p) "Form 108," SMAA Personnel Demobilization Schedule, is a required tracking tool for personnel being released from their assigned mission duties;

(q) "Form 109," SMAA Demobilization/Return of Assets Guidelines, provides guidelines for the responding jurisdictions to use when tracking assets used in an incident or event;

(r) "Form 110," SMAA Intergovernmental Reimbursement Form, is a required form that a jurisdiction uses to request reimbursement from the requesting jurisdiction;

(s) "Form 111," SMAA After Action/Corrective Action Report Survey, is a form that summarizes and analyzes performance in both exercise and actual events for those who act as an agent of the state. It may also evaluate achievement of the selected exercise objectives and demonstration of the overall capabilities being exercised;

(t) "Form 112," SMAA Demobilization Checklist, is an optional document that outlines the steps to follow in preparing to depart;

(u) "Form 113," SMAA Activation Agreement, is a required document that shows a jurisdiction's intent to activate the SMAA;

(v) "Form 114," SMAA Checklist for Requesting Reimbursement, is a list of the required steps to request reimbursement after the mission is complete;

(w) "Form 115," Resource Expense Summary, is a required document used to track expenditures while an agent of the state;

(x) "ICS Form 209," Incident Status Summary, is a form used for reporting information on significant incidents that requires inter-agency or intra-agency resource coordination;

(y) "ICS Form 221," Demobilization Checklist, is a FEMA form for tracking resources as they are released from deployment and return to their responding jurisdiction;

(z) "jurisdiction" means a participating political subdivision as defined in subsection 53-2a-302(2);

(aa) "local to local" means assistance between jurisdictions that do not utilize coordination from the state;

(bb) "mission number" means an assigned number that identifies a mission;

(cc) "SMAA" means Statewide Mutual Aid Act, Utah Code Ann. 53-2a-301 through 310;

(dd) "SMAA coordinator" means a designated division representative functioning as the coordinator of Statewide Mutual Aid Act activities and actions between the participating jurisdictions when requesting assistance of the State;

(ee) "state EOC" means the State of Utah Emergency Operations Center facility operated by the division which assists state agencies and jurisdictions in coordinating information and resources when local emergency response and recovery resources require supplementation; and

(ff) "state EOC manager" means a person designated to manage the State Emergency Operation Center.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

Utah Admin. Code R704-2-4 Requests for Disaster Assistance in a State of Emergency

(1) When seeking to utilize the statewide mutual aid system for an emergency or disaster event, the chief executive officer or emergency manager of the requesting jurisdiction shall contact the division director or designee after they have made a written or oral declaration of emergency pursuant to Sections 53-2a-206 or 53-2a-208.

(a) The chief executive officer or designee of the requesting jurisdiction shall submit Form 101 to the responding jurisdiction within 24 hours of seeking assistance from the system for state resources or to receive assistance coordinating local to local assistance.

(2) Upon request by the requesting jurisdiction for state assistance, the SMAA coordinator or state EOC manager shall coordinate services and resources for the emergency or disaster event and shall:

(a) assign a mission number;

(b) document information; and

(3) Once a responding jurisdiction that is available to render aid has been identified, the participating jurisdictions shall complete and sign Form 113.

(a) In urgent circumstances, the requesting jurisdiction and the responding jurisdiction may initially enter into a verbal agreement, but the agreement shall be memorialized in writing and signed by both jurisdictions no later than 48 hours after the verbal agreement.

(b) If unanticipated circumstances arise during the emergency or disaster event, the requesting and responding jurisdictions may amend or supplement Form 101.

(c) Any amendments or supplements to Form 101 shall be acknowledged by the participating jurisdictions with authorizing signatures.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

Utah Admin. Code R704-2-5 Agent of the State

(1) At the request of the division, a jurisdiction may agree to provide an employee with the skills and expertise desired to be deployed as an agent of the state for the purpose of rendering intrastate or interstate aid.

(a) The governing authority of the employee serving as an agent of the state shall submit to the division either Form 102A or Form 102B in response to an intrastate or interstate emergency or disaster.

(b) The responding jurisdiction's employee shall remain an employee of the responding jurisdiction except that the supervision of his or her duties during the period of assignment may be governed by agreement between the responding jurisdiction and the requesting jurisdiction and shall be entitled to the same salary and benefits to which they would otherwise be entitled to from the responding jurisdiction.

(c) The division assumes no responsibility for the responding jurisdiction's employee other than the coordination of their travel arrangements and lodging and per diem expenses, except in exigent circumstances.

(d) Upon completion of a mission, the agent of the state shall submit a brief summary of the services provided by the responding jurisdiction, Form 110, and Form 115 to the division. The division shall then reimburse the responding jurisdiction for the eligible expenses stated in subsection (c) incurred by the agent of the state.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

Utah Admin. Code R704-2-6 Procedures for Providing Mutual Aid

(1) When providing assistance pursuant to the SMAA, the requesting jurisdiction shall control and supervise the personnel, equipment, and resources of any responding jurisdiction.

(a) The requesting jurisdiction shall advise supervisory personnel of the responding jurisdiction concerning assignments or mission tasks.

(b) While providing mutual aid, the incident commander or requesting jurisdiction shall:

(i) maintain daily personnel time records, material records, and a log of equipment hours;

(ii) oversee the operation, control, and maintenance of the equipment and other resources furnished by the responding jurisdiction; and

(iii) report work progress to the responding jurisdiction.

(c) The responding jurisdiction shall notify the requesting jurisdiction if the requested resources are donated or loaned.

(d) The responding jurisdiction may recall its personnel subject to providing a minimum of 24 hours advance notice of intent to withdraw personnel or resources from the requesting jurisdiction, unless circumstances make 24 hours advance notice impracticable or unreasonable.

(2) The responding jurisdiction may release personnel or resources for SMAA assistance after it has determined that its remaining resources are adequate to support its own normal operations.

(a) The requesting jurisdiction shall be responsible for providing food and housing for the personnel from the responding jurisdiction, beginning with the time of arrival at the designated location and until departure, unless otherwise indicated in Form 101.

(b) The requesting jurisdiction may request personnel who are self-sustaining, but must specify what resources it is able to provide to the responding jurisdiction.

(3) The requesting jurisdiction is responsible for coordinating communication between its own personnel and the personnel of the responding jurisdiction.

(a) The responding jurisdiction shall furnish equipment to communicate among its respective operating units.

(4) Each participating jurisdiction shall maintain its own equipment in safe and operational condition.

(5) The division shall receive and maintain an inventory of the state and local services, equipment, supplies, personnel, and other resources related to participation in the SMAA.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

Utah Admin. Code R704-2-7 Pre-Mobilization of Resources

(1) The requesting jurisdiction shall submit Form 101 to the responding jurisdiction to be kept as documentation. The required information includes:

(a) type of resources requested; and

(b) quantity of resources requested.

(2) The responding jurisdiction shall confirm the following incident information:

(a) name of incident;

(b) location of incident;

(d) current time of deployment of resources requested.

(3) The SMAA coordinator or EOC manager shall provide the following to a responding employee acting as an agent of the state:

(a) situation briefing;

(b) pre-deployment checklist; and

(4) A requesting jurisdiction shall first use local agency resources prior to requesting resources through SMAA.

(5) The requesting jurisdiction shall specify a location for a staging area and assign a person to ensure the resources are ready to be released.

(a) If the requested resources are for equipment, the responding jurisdiction shall confirm its readiness to be deployed.

(6) The responding jurisdiction shall perform a communications check with all assigned communications equipment, prior to departure, to ensure compatibility with the requesting jurisdiction.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

Utah Admin. Code R704-2-8 Mobilization of Resources

(1) Deployed personnel and resources from a responding jurisdiction shall notify the point of contact for both the requesting jurisdiction and the responding jurisdiction of their arrival at the point of assignment or staging area.

(2) The requesting jurisdiction shall notify the responding jurisdiction if there is a change in assignments or locations for the requested resources.

(3) The division shall use Form 104 for each deployment of resources if state assistance was requested.

(4) Deployed personnel may be tracked by using Form 105.

(a) Deployed resources and available resources may also be tracked for the SMAA through Forms 106 and 107.

(5) The requesting jurisdiction shall provide a mission briefing to the deployed personnel from the responding jurisdiction.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

Utah Admin. Code R704-2-9 Demobilization of Resources

(1) The requesting jurisdiction will be responsible for demobilization.

(a) After termination of the mission time, the requesting jurisdiction shall release resources and return those resources to the responding jurisdiction according to the terms of Form 104, unless the circumstances of the incident make compliance with the terms impracticable or impossible.

(b) The requesting jurisdiction shall debrief all personnel assigned to the incident prior to departure. The debriefing shall include:

(i) confirmation of personnel's travel arrangements; and

(ii) review of personnel's responsibilities for demobilization.

(2) Equipment issued to personnel from a responding jurisdiction shall be returned, and all documentation shall be completed and submitted as required in Form 109.

(3) Personnel from the responding jurisdiction shall notify the requesting jurisdiction of the safe arrival of the deployed resources upon returning to their home jurisdiction.

(4) The responding jurisdiction's returning personnel shall complete and submit Form 111 to the division for all SMAA deployments if acting as an agent of the state.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

Utah Admin. Code R704-2-10 Reimbursement Procedures for Rendering Mutual Aid

(1) A responding jurisdiction that seeks reimbursement shall provide notice to the requesting jurisdiction within 30 days of the termination of statewide mutual aid assistance.

(a) The notice of intent should include the following:

(i) Form 110;

(ii) a brief summary of the services provided by the responding jurisdiction; and

(iii) contact information for the designated person or financial representative responsible for the request.

(b) The responding jurisdiction shall reference the assigned mission number when seeking reimbursement from a requesting jurisdiction.

(c) In addition to the notice of intent to seek reimbursement, the responding jurisdiction shall provide the requesting jurisdiction and the SMAA coordinator, if the state was involved, with a copy of all documents related to deployment and reimbursement, including:

(i) Form 101 and any amendments or supplements;

(ii) Form 110;

(iii) Form 113;

(iv) Form 115;

(v) any notices of dispute; and

(vi) any payments made by the requesting jurisdiction in response to the responding jurisdiction's request.

(2) The requesting jurisdiction shall acknowledge receipt, in writing, of the notice of intent to seek reimbursement from the responding jurisdiction.

(3) The SMAA coordinator shall record all documents related to deployment and reimbursement from the requesting jurisdiction personnel acting as an agent of the state.

(a) The SMAA coordinator shall coordinate with both jurisdictions to encourage and facilitate proper reimbursement, if needed.

(b) The SMAA coordinator may provide reminder notices in anticipation of due dates including the notifications required under Subsections (3) and (4).

(c) The division may designate a financial representative to monitor and provide guidance to participating jurisdictions concerning reimbursement.

(4) When the notification requirements of Subsection (3) have been met, the responding jurisdiction may submit a request for reimbursement to the requesting jurisdiction within 60 days of the termination of statewide mutual aid assistance.

(a) The request for reimbursement shall include a cover letter that summarizes the assistance provided under Form 101.

(b) The request for reimbursement shall also include the following:

(i) a comprehensive invoice listing resources provided with the total cost;

(ii) Form 110;

(iii) Form 115; and

(iv) supporting documentation including copies of individual invoices, travel claims, vouchers, and other similar items.

(c) The request for reimbursement shall also include a copy of any amendments or supplements to the original Form 101 and accompanied by the itemized costs and respective supporting documents.

(5) The requesting jurisdiction shall reimburse the responding jurisdiction no later than 30 days from the date of receiving the request under Subsection (4) unless:

(a) either jurisdiction provides written notice to the other jurisdiction that disputes the reimbursement costs, or alleges noncompliance with the applicable procedures and criteria; or

(b) the jurisdictions agree to an extension for reimbursement.

(6) Disputes regarding reimbursement shall first be addressed between the responding jurisdictions and requesting jurisdiction within 30 days after either party provides notice of the dispute.

(a) The jurisdictions shall make a reasonable effort to resolve the dispute during the 30 day period.

(7) If a dispute cannot be resolved by the jurisdictions within 90 days after the notice of dispute, either party may submit the dispute to the committee.

(a) Requests to the committee must be made no later than 30 days after the end of 90-day period described in Subsection (7).

(b) The requesting jurisdiction shall submit the following documents to the committee for review:

(i) Form 110;

(ii) a concise narrative explaining the dispute; and

(iii) the documents listed in Subsections (4)(a) through (c).

(d) The committee has 30 days to schedule the matter for a hearing.

(e) The committee chairperson shall select a quorum of seven committee members to participate in the hearing.

(f) Hearings are designated as informal adjudications pursuant to Utah Code Ann. Section 63G-4-202.

(g) The committee, by majority vote, shall issue a final written decision within 30 days of the hearing that includes findings of fact and its reasons for its decision.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

Utah Admin. Code R704-2-11 Waiver of Reimbursement

(1) A responding jurisdiction may waive, in writing, any rights to reimbursement under Section 53-2a-308.

(2) Waiver of any reimbursable right shall specify each item waived in order to provide notice to the requesting jurisdiction and the division, if applicable.

(3) Waiver of any reimbursable right shall be delivered to the requesting jurisdiction with a copy delivered to the division, if applicable, no later than 90 days after the termination of statewide mutual aid assistance.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

Utah Admin. Code R704-2-12 Reimbursable Expenses

(1) The requesting jurisdiction shall reimburse the responding jurisdiction for costs related to deployment pursuant to Form 101.

(a) In order to be eligible for reimbursement, all costs must be documented and sufficiently detailed in Form 101 and include supporting documentation.

(b) A jurisdiction that fails to submit all required reimbursement forms by due dates listed in this rule forfeits its right to reimbursement.

(2) Unless otherwise specified in Form 101, the responding jurisdiction shall continue to compensate its personnel according to its employment policies at the time of the event.

(a) The requesting jurisdiction shall reimburse the responding jurisdiction for agreed upon costs and expenses incurred during the event.

(3) The requesting jurisdiction shall reimburse the responding jurisdiction for use, damage, or loss of any equipment that the responding jurisdiction provided during the event, exercise, or drill.

(a) If practicable and at the request of the responding jurisdiction, the requesting jurisdiction may provide fuels, miscellaneous supplies, and minor repairs.

(4) Unless damage is caused by gross negligence, bad faith, or willful misconduct by the responding jurisdiction, the requesting jurisdiction shall reimburse the responding jurisdiction for all materials and supplies exhausted or damaged during the event.

(a) The parties may agree that the requesting jurisdiction may replace equipment, materials, and supplies with like, kind, and quality as determined by the responding jurisdiction.

History

KEY: Statewide Mutual Aid Act, reimbursement
Date of Last Change: June 9, 2017
Notice of Continuation: December 6, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-104(3)

R704-3 Local Government Emergency Response Loan Program

Utah Admin. Code R704-3-1 Authority

This rule is authorized by Section 53-2a-609.

History

KEY: disaster recovery loans, local government disaster loans
Date of Last Change: June 7, 2017
Notice of Continuation: January 11, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-607; 53-2a-608; 53-2a-609

Utah Admin. Code R704-3-2 Purpose

The purpose of this rule is to establish criteria, procedures, and requirements for the administration of the Local Government Emergency Response Loan Fund described in Section 53-2a-607.

History

KEY: disaster recovery loans, local government disaster loans
Date of Last Change: June 7, 2017
Notice of Continuation: January 11, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-607; 53-2a-608; 53-2a-609

Utah Admin. Code R704-3-3 Definitions

(1) Terms used in this rule are defined in Sections 53-2a-102, 53-2a-203, and 53-2a-602.

(2) In addition to the terms referenced in Subsection R704-3-3(1):

(a) "fund" means the Local Government Emergency Response Loan Fund;

(b) "loan" means a loan provided by the Division from the Local Government Emergency Response Loan Fund to an eligible local government entity for costs incurred for providing emergency disaster services as defined in Section 53-2a-602.

History

KEY: disaster recovery loans, local government disaster loans
Date of Last Change: June 7, 2017
Notice of Continuation: January 11, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-607; 53-2a-608; 53-2a-609

Utah Admin. Code R704-3-4 Application

(1) A local government entity wishing to apply for a loan from the fund shall submit to the Division:

(a) an application on a form approved by the Division;

(b) documentation that establishes a local disaster declaration for which the loan is being requested;

(i) established a local government disaster fund; and

(ii) deposited a minimum average of 5% of total estimated revenues into a local government disaster fund established in accordance with Section 53-2a-605 for at least five fiscal years previous to the date the disaster is declared; and

(d) documentation that establishes costs incurred by the local government entity for disaster recovery and supports the dollar amount of the loan being requested.

History

KEY: disaster recovery loans, local government disaster loans
Date of Last Change: June 7, 2017
Notice of Continuation: January 11, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-607; 53-2a-608; 53-2a-609

Utah Admin. Code R704-3-5 Eligibility Review

(1) The Division shall determine if the applicant:

(a) has fulfilled the application requirements in Section R701-3-4; and

(b) meets the eligibility criteria in Sections 53-2a-607 and 53-2a-608.

History

KEY: disaster recovery loans, local government disaster loans
Date of Last Change: June 7, 2017
Notice of Continuation: January 11, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-607; 53-2a-608; 53-2a-609

Utah Admin. Code R704-3-6 Prioritization of Awards for Loan Applications

(1) In accordance with Subsection 53-2a-609(2), the Division will consider the following criteria in prioritizing and awarding loans:

(a) the total account balance available in the fund;

(b) the severity or scale of the disaster or emergency that has been declared;

(d) other sources of funding that might be available to the local government entity for the purpose of disaster recovery; and

(e) the likelihood the loan amount will be paid repaid in accordance with Section 53-2a-608 based on the local government entity's bond rating.

History

KEY: disaster recovery loans, local government disaster loans
Date of Last Change: June 7, 2017
Notice of Continuation: January 11, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-607; 53-2a-608; 53-2a-609

Utah Admin. Code R704-3-7 Making Loans

(1) Loan funds shall be obligated after all documents to secure a loan are complete, processed, approved, and appropriately signed by the applicant and the director.

(2) Disbursement of loan proceeds to the borrower will take place within 10 business days of the closing date of the loan.

History

KEY: disaster recovery loans, local government disaster loans
Date of Last Change: June 7, 2017
Notice of Continuation: January 11, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-607; 53-2a-608; 53-2a-609

Utah Admin. Code R704-3-8 Servicing the Loans, Loan Repayment and Late Penalties

(1) Loans will be serviced by the Division of Finance.

(2) Loan repayment schedules are outlined in Section 53-2a-608.

(3) The initial installment payment is due on a date established by the Division.

(4) Subsequent installment payments are due on the tenth day of each month.

(5) Loan payments may be made in advance or the remaining principal balance of the loan may be paid in full at any time without penalty.

(6) Penalties for late loan payments shall be:

(a) ten percent of the payment due;

(b) assessed and payable on payments received by the Division more than 15 days after the due date;

(d) noticed to the borrower with the amounts of penalty and the total payment due.

(7) Payments shall be considered received the day of the U.S. Postal Service post mark date or receipted date for payments delivered to the Division by methods other than the U.S. Postal Service.

(8) If a loan payment check is returned due to insufficient funds, a service charge in the amount allowed by law shall be added to the payment amount due.

(9) Notice of loans paid in full shall be sent after all penalties, interest, and principal have been paid.

History

KEY: disaster recovery loans, local government disaster loans
Date of Last Change: June 7, 2017
Notice of Continuation: January 11, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-607; 53-2a-608; 53-2a-609

Utah Admin. Code R704-3-9 Recovering on Defaulted Loans

(1) Loans may be considered in default when two consecutive payments are past due by 30 days or more.

(2) If the loan is determined to be in default under Subsection R704-3-9(1), the Division or the Division of Finance may declare the full amount of the defaulted loan, penalty and interest immediately due.

(3) The borrower shall be liable for attorney's fees and collection costs for defaulted loans, whether incurred before or after court action.

History

KEY: disaster recovery loans, local government disaster loans
Date of Last Change: June 7, 2017
Notice of Continuation: January 11, 2022
Authorizing, and Implemented or Interpreted Law: 53-2a-607; 53-2a-608; 53-2a-609

R704-4 Disaster Response, Recovery, and Mitigation Grant Funding

Utah Admin. Code R704-4-1 Authority

This rule is authorized by Section 53-2a-1305.

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

Utah Admin. Code R704-4-2 Purpose

This rule establishes requirements, procedures, and standards for administering the account described in Title 53, Chapter 2a, Part 13, Disaster Response, Recovery, and Mitigation Restricted Account.

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

Utah Admin. Code R704-4-3 Definitions

(1) Terms used in this rule are defined in Sections 53-2a-102 and 53-2a-1301.

(2) Additional terms are defined as follows:

(a) "affected community member support services" means actions taken by a governing body to support their affected community members that are intended to support the affected community member to make their home or business safe, sanitary, and functional, and are not covered by insurance;

(b) "essential utility services" means an appliance and its utility connection providing electricity, sanitation, heat, or climate control systems necessary to make a structure habitable or for medical necessity;

(d) "governing body" means the same as defined in Section 53-2a-602;

(e) "incident" means a disaster event that causes damage of sufficient severity and magnitude to warrant disaster assistance to supplement the efforts and available resources of the state, a local government, or a disaster relief organization in alleviating the damage, loss, hardship, or suffering;

(f) "incident period" means the time interval during which the disaster-causing incident occurs as established by the division in consultation with other agencies as necessary;

(g) "post-disaster mitigation integrated repairs" means disaster mitigation measures directly related to recovery damage repair projects that directly reduce the potential of future damage to the facility that was damaged in the incident; and

(h) " recovery damage repair" means the restoration of disaster-damaged publicly owned infrastructure and facilities.

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

Utah Admin. Code R704-4-4 Eligibility After Declared Disaster

A governing body of an affected community requesting funding under this rule after a declared disaster shall:

(1) have experienced a disaster in the affected community that results in a local, state, or presidential disaster declaration;

(2) submit an official damage assessment as described in Section R704-4-6 to the division; and

(3) develop a disaster recovery plan in consultation with and as outlined by the division.

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

Utah Admin. Code R704-4-5 Eligibility for Pre-disaster Mitigation Funds

A governing body of an affected community requesting pre-disaster mitigation funding shall have an identified pre- disaster mitigation project that supports:

(1) mitigation strategies identified in their local hazard mitigation plan; or

(2) the Utah Enhanced State Hazard Mitigation Plan.

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

Utah Admin. Code R704-4-6 Application for Funds After Declared Disaster

A governing body of an affected community applying for disaster response, recovery, and mitigation grant funding shall submit to the division:

(1) an application in a form approved by the division;

(2) documentation of:

(a) financial records;

(b) supporting documents;

(d) any other records pertinent to costs associated with response, recovery, and mitigation; and

(3) an official damage assessment including:

(a) a completed preliminary damage assessment form provided by the division; and

(b) associated documentation supporting the damage and costs identified in the assessment.

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

Utah Admin. Code R704-4-7 Application for Funds for Pre-disaster Mitigation

(1) A governing body of an affected community applying for pre-disaster mitigation grant funding shall submit to the division:

(a) an application in a form approved by the division;

(b) documentation of:

(i) financial records;

(ii) other funding eligible or applied for;

(iii) supporting documents including:

(A) a hazard mitigation plan;

(B) construction plans;

(D) any other records pertinent to costs associated with response, recovery, and mitigation; and

(2)(a) Pre-disaster mitigation projects shall only be considered when the balance of the account is in excess of $10,000,000 at the end of the fiscal year; and

(b) up to 25% of the excess balance may be dispersed for pre-disaster mitigation.

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

Utah Admin. Code R704-4-8 Application Review After Declared Disaster

(1) The division shall:

(a) confirm that the applicant is an eligible governing body of an affected community;

(b) review applications received for eligibility, completeness, applicability, and feasibility; and;

(2) The costs submitted in the application shall:

(a) be the responsibility of the governing body of the affected community, or an individual or entity as allowed in Subsections 53-2a-1304(1)(a) through (c);

(b) have resulted from the disaster-causing incident which took place during the incident period, have occurred in anticipation of that incident, or be necessary to an eligible disaster mitigation measure;

(d) not be eligible for and not have been reimbursed by any other available sources of funding, such as:

(i) insurance coverage;

(ii) FEMA public assistance or individual assistance programs;

(iii) other relevant federal disaster grant funding; or

(iv) services as provided by voluntary or non-profit disaster organizations.

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

Utah Admin. Code R704-4-9 Application Review for Pre-disaster Mitigation Funds

(1) If there are funds available in accordance with Subsection R704-4-7(2), the division shall:

(a) confirm that the applicant is an eligible governing body;

(b) review applications received for eligibility, completeness, applicability, and feasibility; and;

(2) The costs requested in the application shall:

(a) be the responsibility of the governing body;

(d) not be eligible for and not have been reimbursed by any other available sources of funding.

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

Utah Admin. Code R704-4-10 Prioritization of Awards for Grant Applications

In accordance with Sections 53-2a-1302 and 53-2a-1305, the division shall consider the following criteria in prioritizing and awarding grant funding:

(1) the available balance in the account;

(2) other sources of funding for disaster response, recovery, and mitigation the governing body may be eligible for;

(3) for a declared disaster, the severity or scale of the disaster, including:

(a) the severity of the impact on an affected community that submitted a grant application; and

(b) the number of affected communities that submit a grant application;

(4) for a pre-disaster mitigation project, the anticipated severity or scale of the disaster without the mitigation including:

(a) the potential impact on an affected community that submitted a grant application; and

(b) the number of affected communities that submit a grant application; and

(5) the reasonableness, allocability, and allowability of costs submitted with the application.

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

Utah Admin. Code R704-4-11 Grant Awards

(1) Grant funds shall be obligated after applications and corresponding documents are submitted, processed, validated, approved, and appropriately signed by the applicant and the director.

(2) Disbursement of grant proceeds to the grantee shall take place within 10 business days of final approval of the grant application and corresponding documentation.

(3) Pre-disaster mitigation awards must be approved and noticed as required by Subsection 53-2a-1302(7).

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

Utah Admin. Code R704-4-12 Eligible Costs

(1) Costs eligible for consideration under the Disaster Response, Recovery, and Mitigation Restricted Account grant application, in addition to allowed uses under Section 53-2a-1304, include:

(a) emergency disaster services as defined in Section 53-2a-602;

(b) necessary and reasonable pre-disaster mitigation activities and post-disaster mitigation integrated repairs; and

(c) affected community member support services, if the grant funds are managed and distributed by the governing body of the affected community.

(2) Eligible costs for affected community member support service actions may include:

(a) relevant costs associated with emergency disaster services as defined in Section 53-2a-602; and

(b) costs for services provided to assist affected community members with repair or replacement of essential utility services.

(3) The division may exclude any expenses or portion of expenses not deemed necessary, required, appropriate, equitable, or beneficial.

History

KEY: response grant funding; recovery grant funding; post-disaster mitigation grant funding; pre-disaster mitigation grant funding
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2a-102; 53-2a-1301; 53-2a-1302; 53-2a-1303; 53-2a-1304; 53-2a- 1305

R708 Driver License

R708-2 Commercial Driver Training Schools, Instructors, and Operators

Utah Admin. Code R708-2-1 Purpose

(1) This purpose of this rule is to establish criteria in accordance with Title 53, Chapter 3, Part 5, Commercial Driver Training Schools Act for:

(a) the licensure and regulation of commercial driver training schools, operators, instructors, and administrative personnel;

(b) classroom and behind-the-wheel instruction;

(d) commercial driver training school vehicles.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-2 Authority

This rule is authorized by Section 53-3-505.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-3 Definitions

(1) Terms used in this rule are defined in Sections 53-3-102 and 53-3-502.

(2) In addition:

(a) "act of moral turpitude" means conduct that:

(i) is done knowingly contrary to justice, honesty or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another property.

(b) "branch" means an office or location of business other than the schools' principal place of business;

(c) "commercial driver training school" means a school that is licensed to conduct classroom, behind-the-wheel, and observation training, and may also be authorized to conduct:

(i) home-study or online courses; or

(ii) driving skills testing under R708-37.

(d) "DEMS" means Driver Education Management System, the division's official record keeping program;

(e) "license" means a commercial driver training school license, a testing only school license, a commercial driver training school instructor license or a commercial driver training school operator license issued in accordance with this rule;

(f) "school" means a commercial driver training school or a testing only school;

(g) "tester" means a school instructor who is certified to administer driving skills tests under Rule R708-37; and

(h) "testing only school" means a school that is licensed to conduct:

(i) driving skills testing under Rule R708-37; or

(ii) behind-the-wheel or observation training.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-4 Commercial Driver Training School and Testing Only School Licenses

(1) Each corporation, partnership or person who owns a commercial driver training school shall obtain a commercial driver training school license from the division.

(2) Each corporation, partnership or person who owns a testing only school shall obtain a testing only school license from the division.

(3) An application for an original or renewal school license or a branch office shall be:

(a) submitted on a form provided by the division and signed by:

(i) the owner of the school;

(ii) each partner in the case of a partnership; and

(iii) an officer of the corporation in the case of a corporation; and

(b) accompanied by:

(i) a business license issued by the municipality or county that the school is located;

(ii) samples of each form and receipt to be used by the school;

(iii) a copy of the curriculum to be used by the school if it is a commercial driver training school;

(iv) a schedule of fees for each service to be performed by the school;

(v) a certificate of insurance with an insurance company authorized to do business in the state for each vehicle used for driver training or testing purposes that reflects the minimum insurance coverage as required under Section 31A-22-304;

(vi) a copy of each test, including answers and copies of translations used by the school, that the school requires for a student to satisfactorily complete the driver training course, which are subject to approval of the division;

(vii) evidence that a surety bond has been obtained by the school in compliance with Section R708-2-5; and

(viii) a certified copy of a certificate of incorporation as required in the case of a corporation.

(4) An application for an original school license shall be accompanied by:

(a) a fingerprint card for each applicant, partner, or corporate officer for a criminal background check; and

(b) payment for the cost associated with each criminal background check.

(5) Fees for a school license or branch office license application and renewal:

(a) are established in accordance with Section 63J-1-504;

(b) can be found online at the Driver License Division's website;

(d) are non-refundable.

(6) Each school and branch office shall be inspected by a division representative before it may be licensed.

(7) A commercial driver training school shall maintain a classroom facility in the school office location and in each commercial driver training school branch office. Each classroom shall be equipped with:

(a) seating for each student;

(b) access to sanitary facilities; and

(8) Classroom facilities and buildings shall comply with federal, state, and local building, fire, safety and health codes.

(9) A testing only school or testing only branch office:

(a) is not required to maintain a classroom facility; and

(b) shall maintain a designated office area to retain required files and records.

(10) A school license expires one year from the date of issuance or renewal.

(11) A school license is only valid for use in connection with the school listed on the license, and may not be transferred to another school or another person.

(12) Each branch office or classroom facility in a location other than the school's principal place of business shall be separately licensed. A branch office shall meet the same requirements as the commercial driver training school's principal place of business and shall be similarly equipped and perform substantially the same services.

(13) When any commercial driver training school or branch office is discontinued, the school or branch office license shall be surrendered to the division within five days. The licensee shall state in writing the reason for the surrender.

(14) Before becoming licensed, each commercial driver training school shall employ a licensed operator to operate the commercial driver training school and each branch office. The current licensed operator shall be identified on the application maintained by the division for each commercial driver training school or branch office. A single operator may operate multiple branch offices of the same school. When the operator discontinues employment with the commercial driver training school, a new operator shall be employed before continuation of operations and the operations of any branch offices where the individual has been identified as the operator.

(15) A school shall be responsible for sponsoring and supervising instructors employed by the school.

(16) A school shall not knowingly employ an instructor if the instructor has been convicted of, or there are reasonable grounds to believe that the instructor has committed, a felony or a crime of moral turpitude.

(17) Schools or branch offices owned by separate individuals and owned under different school names may not operate from the same facility or office space. A clear separation of the schools shall be identified, and each school shall comply with standards set forth in this rule.

(18) A testing only school may not be located in a building that is occupied by a commercial driver training school.

(19) A school or branch office may not change its place of business or location without prior approval from the division.

(20) Each school or classroom facility shall post signs to identify the school by name as the school is listed on the school certification.

(21) School and business licenses must be conspicuously displayed in the licensee's principal place of business and branch offices.

(22) A duplicate school license may be issued if the license is lost or destroyed following submittal to the division of:

(a) a written statement setting forth the date the school license was lost or destroyed and the surrounding circumstances; and

(b) payment of a duplicate license fee.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-5 Surety Bond Requirements

(1) Each school shall obtain a surety bond with a minimum requirement of $5,000 coverage, except as provided under Subsection R708-2-5(3).

(2) Cancellation of the surety bond is grounds for revocation, probation, or refusal to issue or renew the school license.

(3) A school licensed as a testing only school is not required to obtain a surety bond unless it has been authorized by the division to conduct behind-the-wheel training.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-6 Commercial Driver Training School Instructor License

(1) Each instructor employed by a commercial driver training school, including an owner, operator, partner, corporate officer, or a substitute or part-time instructor, shall obtain a commercial driver training school instructor license from the division prior to instructing for the commercial driver training school.

(2) To qualify for a commercial driver training school instructor license, the applicant shall:

(a) have a valid Utah driver license;

(b) be at least 21 years of age;

(d) have a driving record free of:

(i) a conviction for a moving violation; or

(ii) a chargeable accident resulting in suspension or revocation of the driver license during the two year period immediately prior to application and during employment.

(e) complete a specialized professional preparation course in driver safety education as required in Rule R708-53 or at least 21 quarter hours of credit in instruction and administration of driver safety education from an accredited college or university; and

(f) pass a practical written and driving skills test.

(3) An application for an original or renewal commercial driver training school instructor license shall be:

(a) submitted on a form provided by the division;

(b) signed by the applicant and the owner of the commercial driver training school that will employ the applicant; and

(c) accompanied by a Functional Ability Evaluation Medical Report provided by the division and completed by a health care professional as defined in Subsection 53-3-302(2).

(4) The physical examination associated with the completion of the Functional Ability Evaluation Medical Report:

(a) shall take place no earlier than three months prior to application; and

(b) will result in refusal to issue a driver training school instructor license if a medical condition exists that results in:

(i) a restriction being imposed against the person's driving privilege, with the exception of a corrective lenses restriction; or

(ii) the denial of the person's driving privilege.

(c) a commercial driver training school instructor license holder shall submit a subsequent Functional Ability Evaluation Medical Report upon request by the division.

(5) An application for an original commercial driver training school instructor license shall be accompanied by:

(a) a fingerprint card for a criminal background check; and

(b) payment for the cost associated with the criminal background check.

(6) Fees for a commercial driver training school instructor license application and renewal:

(a) are established in accordance with Section 63J-1-504;

(b) can be found online at the Driver License Division's website;

(d) are non-refundable.

(7) A commercial driver training school instructor license expires one year from the date of issuance.

(8) A commercial driver training school instructor license is only valid for use in connection with the driver training school listed on the license, and may not be transferred to another driver training school, or another person.

(a) a commercial driver training school instructor shall not be employed as an instructor or provide instruction for:

(i) more than one school; or

(ii) a combination of a school and a high school.

(b) a commercial driver training school instructor employed as an instructor by both a school and a high school prior to January 1, 2022:

(i) shall be allowed to continue employment as an instructor for both entities, and

(ii) if employment is terminated for either the school or high school, shall comply with Subsection R708-2-6(8)(a).

(9) A duplicate commercial driver training school instructor license may be issued if the license is lost or destroyed following submittal to the division of:

(a) a written statement setting forth the date the commercial driver training school instructor license was lost or destroyed and the surrounding circumstances; and

(b) payment of a duplicate instructor license fee.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-7 Application Requirements for a Commercial Driver Training School Operator License

(1) Each person who serves as an operator of a commercial driver training school, including the owner, operator, partner, corporate officer, or a substitute or part-time instructor, shall obtain an operator license from the division prior to performing duties related to the operation of a commercial driver training school.

(2) In addition to obtaining a commercial driver training school instructor license under Section R708-2-6 an applicant for a commercial driver training school operator license shall submit to the division:

(a) an application for an original or renewal commercial driver training school operator license:

(i) on a form provided by the division; and

(ii) signed by the applicant and the owner of the commercial driver training school that will employ the applicant.

(b) evidence in the form of transcripts or a resume that establishes completion of:

(i) six college semester credit hours;

(ii) eight college quarter credit hours in business related courses through an accredited college or university;

(iii) two years of experience operating a business; or

(iv) any combination thereof.

(i) written acknowledgement of reading, understanding, and a willingness to comply with Rule R708-2; and

(ii) a description as to how the school will meet the requirements of Rule R708-2.

(3) A commercial driver training school operator license expires one year from the date of issuance.

(4) A commercial driver training school operator license is only valid for use in connection with the school listed on the license, and may not be transferred to another school, or another person.

R708- 2-8. DEMS Access Authorization for Administrative Personnel.

(1) Each person who is employed by a school to perform administrative duties, and requires authorization to access DEMS for the school, shall submit an application:

(a) on a form approved by the division;

(b) signed by the applicant;

(d) accompanied by a fingerprint card for a criminal background check and payment for the cost associated with the criminal background check.

(2) Each commercial school will be responsible to train personnel on DEMS.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-9 Additional Training Requirements for Licensees and Authorized Persons

(1) Persons licensed or authorized under this rule shall be required to attend training at the discretion of the division.

(2) Each commercial school will be responsible to train their instructors on DEMS.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-10 Instruction and Driving Skills Testing Limitations

(1) A testing only school may conduct behind-the-wheel or observation instruction, or both, upon approval by the division.

(2) A testing only school may not engage in education or training of persons, either practically or theoretically, to drive motor vehicles except under one of the following circumstances:

(a) when counseling the driver following a test in reference to errors made during the administration of the test; or

(b) when conducting behind-the-wheel or observation instruction as approved by the division.

(3) A tester may not test an individual who has completed any classroom, behind-the-wheel or observation instruction through the testing only school that the tester is employed with.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-11 Classroom and Behind-The-Wheel Instruction

(1) Classroom and behind-the-wheel instruction shall be conducted by an individual who is licensed as a commercial driver training school instructor as specified in this rule.

(2) The commercial driver training school instructor license shall be in the possession of the instructor each time behind-the-wheel or classroom instruction is provided.

(3) Unless the division grants approval to a commercial driver training school to provide classroom instruction conducted by an unlicensed expert, such as a police officer on a limited basis, the school may not conduct classroom or behind- the-wheel instruction or allow another individual to conduct classroom or behind-the-wheel instruction without a commercial driver training school instructor license.

(4) Commercial driver training schools shall provide each student a copy of the current Utah Driver Handbook. The handbook may not be used as the sole text of the course, but as an essential aid when traffic laws are studied. Handbooks may be obtained from the division.

(5) Instructors shall not use or do anything that may distract their attention away from the classroom instruction, or the student driver during behind-the-wheel instruction, such as use of phones or other electronic devices, reading, sleeping, or helping walk-in customers while conducting any classroom training.

(6) Classroom instruction shall meet or exceed 18 hours and shall be conducted in not less than nine separate class sessions, of two hours each, on nine separate days.

(7) Each classroom session shall be numbered to be identified on the student record.

(8) Classroom curriculum shall not be repeated in any of the nine sessions except in the form of a review of materials covered in a previous classroom session. The time frame allotted for review shall not exceed ten minutes per classroom session.

(9) Not more than five of the classroom hours shall be devoted to showing slides or films.

(10) Classroom instruction shall cover the following areas:

(a) attitude and physical characteristics of drivers;

(b) driving laws with special emphasis on Utah law;

(d) driving on freeways;

(e) basic maintenance of the motor vehicle;

(f) effect of drugs and alcohol on driving;

(g) motorcycles, bicycles, trucks and pedestrians in traffic;

(h) driving skills;

(i) Utah's motor vehicle laws regarding financial responsibility and no fault insurance, and a driver's responsibility when involved in an accident;

(j) suspension or revocation of a driver license; and

(k) information on improving air quality and reducing emissions.

(11) Schools shall update their curriculum annually with any new laws or changes to a current law that will affect drivers. Any changes to the curriculum shall be submitted to the division for approval.

(12) Behind-the-wheel instruction includes instruction a student receives while driving a commercial driver training vehicle or while operating a driving simulator.

(13) Behind-the-wheel instruction may not be conducted for a student unless the student has been issued a learner permit by the division or the student is in possession of a valid driver license or temporary permit issued by the division, or a valid out of state or out of country driver license.

(14) While conducting behind-the-wheel instruction, students and instructors shall adhere to any driving restrictions listed on the learner permit or driver license.

(15) A student shall receive a minimum of six hours of instruction in a dual-control vehicle with a licensed instructor.

(16) Students may receive behind-the-wheel training in a driving simulator as specified in Section 53-3-505.5 to satisfy the requirements under Subsection R708-2-11(15).

(17) Each student shall be limited to a maximum of either two hours of behind-the-wheel instruction or two hours of simulation instruction per day.

(18) An instructor shall not conduct more than ten hours of behind-the-wheel instruction within a period of 24 hours and must have at least eight consecutive hours of off-duty time between each ten hour shift.

(19) The instructor and no more than one student shall occupy the front seat of the vehicle. Under no circumstances shall there be more than five individuals in the vehicle.

(20) Behind-the-wheel instruction shall include student practice in using vehicle controls to start, shift gears, make right and left turns, stop, backup, and park. This instruction shall begin under relatively simple conditions and progress until the student has acquired reasonable skill in operating the vehicle under varying traffic conditions.

(21) Students shall receive experience in driving on urban streets, open highways, or freeways. Behind-the-wheel instruction shall include the experience of driving under variable conditions that may be used by the instructor at different times of the day and year. Special emphasis should be given to teaching students to show courtesy to other drivers and pedestrians.

(22) Students may receive observation training at the discretion of the school however; it is not required to obtain a driver license.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-12 Home-Study and Online Course

(1) A commercial driver training school may offer a home-study or online learning course of instruction as a substitute for the classroom instruction set forth in Section R708-2-11 provided the commercial school has been in business a minimum of 2 years, violation free and is approved by the division.

(2) The division will monitor any approved home-study or online course to ensure the course runs as originally planned.

(3) The average study time required to complete the workbook exercises shall meet or exceed 30 hours.

(4) A home-study or online course shall consist, at a minimum, of:

(a) a text;

(b) a workbook; and

(5) Materials, including texts, workbooks, and tests, used in the course shall be submitted by the commercial driver training school to the division for approval.

(6) The commercial driver training school shall notify the division of any substantive changes in the course.

(7) A home-study or online student shall:

(a) complete the workbook exercises; and

(b) pass the 50-question written competency test with a score of 80% or higher.

(8) Testing shall occur under the following conditions:

(a) the home-study or online student shall take the test in person at the commercial driver training school with a licensed instructor or a state approved proctor present;

(b) the identity of the home-study or online student shall be verified by a licensed instructor or a state approved proctor prior to testing;

(d) the commercial driver training school shall maintain at least three separate 50-question competency tests created from a test pool of at least 200 questions;

(e) the home-study or online student shall be given a minimum of three opportunities to pass the test;

(f) after each test failure, the commercial driver training school or approved proctored testing facility shall provide the student with additional instruction to assist the student to pass the next test;

(g) the fees paid by the student for the driver training course shall include the three opportunities to attempt to pass the test and any additional instruction required;

(h) a home-study or online student shall pass the test to complete the driver training course;

(i) the commercial driver training school shall maintain records of each test administered for four years;

(j) test records shall include the results of each test administered to students; and

(k) upon completion of the requirements of the driver training course, the commercial driver training school shall enter the completion date and score into DEMS within 24 hours.

(9) An approved testing proctor shall:

(a) be employed by a licensed commercial driver training school for a minimum of 2 months prior to proctoring tests for students; and

(b) possess a valid commercial driver training school instructor license.

(10) Each commercial driver training school will be responsible to provide training for DEMS to proctors employed by the commercial driver training school.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-13 Commercial Driver Training Vehicles

(1) Commercial driver training vehicles used for behind-the-wheel instruction shall be properly registered, maintained and clean, in safe mechanical condition, and equipped with the following:

(a) functioning dual-control brakes;

(b) outside and inside mirrors for the driver to observe rearward;

(d) a separate seat belt for each occupant;

(e) functioning heaters and defrosters; and

(f) a functioning fire extinguisher, first aid kit, safety flares, spare tire with jack and or self-inflating tire, and reflectors that are readily accessible.

(2) Students shall receive instruction in either standard shift or automatic transmission vehicles. The commercial driver training school shall have the option of choosing the type of transmission.

(3) If instruction is given in snow or on icy road surfaces, tire chains, all season radial tires, or snow tires shall be used in compliance with local police or highway patrol recommendations.

(4) Failure to maintain a vehicle in safe operating condition is grounds for the revocation of a school license and the vehicle will be placed out of service immediately. When deemed necessary by the division, safety testing of the vehicle may be required. The school will be responsible for any costs that may be assessed.

(5) Vehicles unable to meet safety standards shall be replaced by the school.

(6) It is the responsibility of the school to notify the division of any vehicle added to or deleted from their fleet. A vehicle shall not be used for driver training or testing until it passes inspection by the division.

(7) Each vehicle used by a school for driver training or testing shall be properly identified to safeguard against accidents. A vehicle is properly identified when the words "STUDENT DRIVER" are displayed on the front and rear and on both the left and right sides of the vehicle. The letters shall be at least three inches in height.

(8) Advertising or other markings on the vehicle for identifying or advertising the commercial driver training school shall be approved by the division and shall not distract from the words "STUDENT DRIVER".

(9) Each school shall maintain insurance coverage on each vehicle used for driver training or testing as required under Section R708-2-4.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-14 Notification of a Crash

If any vehicle is involved in an accident during the course of instruction or testing, the school shall notify the division in writing within five working days of the date of the accident and submit to the division a copy of the investigating law enforcement officer's accident report as soon as it is available.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-15 Contracts

(1) A student shall not be given lessons, lectures, tutoring or any other service relating to instruction in driver training, unless a written contract approved by the division has been executed by the school and the student.

(2) The contract shall contain the student's full legal name, full address and date of birth.

(3) Both the student and a representative of the school authorized to enter into a contract and listed on the application shall sign the contract. When the student is under 18 years of age, the contract shall also be signed by a parent or legal guardian prior to any instruction.

(4) A copy of the contract shall be given to the student and the original retained by the school.

(5) The school shall provide the student with a receipt upon each payment made on behalf of the student, and shall maintain a copy of each receipt.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-16 Records

(1) Each school shall use DEMS to maintain the following:

(a) records for each student including:

(i) the student's name;

(ii) date of birth;

(iii) the type of training completed by the student; and

(iv) the date and exact time of day for the beginning and ending of any training administered.

(b) names of the instructors providing lessons or instruction; and

(c) identification of the vehicle license plate number or simulator used for behind-the-wheel and observation instruction provided.

(2) In the event the division revokes or refuses to renew a school license, access to DEMS shall be denied immediately.

(3) Records shall be updated within 24 hours of instruction for each student.

(4) Each school shall maintain accurate and current records, and shall retain original copies of the student contracts and receipts, current vehicle insurance information, and surety bond information for a period of 4 years.

(5) The division shall review the records of each school annually at a minimum.

(6) The loss or destruction of any record that a school is required to retain shall be immediately reported to the division in writing, and shall include the date the record was lost or destroyed and the circumstances involving the loss or destruction.

(7) The school shall make records available to the division immediately upon request to facilitate an audit or review.

(8) When the division removes records from the school for audit purposes, the division shall provide a receipt to the school operator that includes:

(a) the name and location of the school;

(b) the date of removal of records;

(d) the signature of the operator; and

(e) the signature of the division representative removing the records.

(9) When the division returns records to the school, the division shall update the receipt under Subsection R708-2- 16(9) to include:

(a) the date the records were returned;

(b) the signature of the operator; and

(10) The division shall hold the records for the minimum amount of time necessary so an audit may occur without creating an unnecessary hardship or inconvenience.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-17 Advertising and School Location

(1) Schools may not imply or expressly guarantee that a driver license is assured. The display of a sign such as "Driver License Secured Here" is prohibited.

(2) A school may display on its premises a sign reading, "This School is licensed, or approved, by the State of Utah".

(3) No school may solicit business directly or indirectly or display or distribute any advertising material within 1500 feet of a building where vehicle registrations or driver licenses are issued to the public.

(4) In municipalities having a population of 50,000 or more, a school license shall not be issued if the proposed school's place of business is located within 1500 feet of a facility where vehicle registrations or driver licenses are issued to the public.

(5) When a school is established in a location prior to the origination of a facility located within 1500 feet of the school where vehicle registrations or driver licenses are issued to the public, the school may continue operation. However, the school's location may not be transferred to another corporation, partnership, or owner, under the same school name or a different school name.

(6) No commercial driver training school or testing only school may change its place of business or location without prior approval from the division.

(7) No school may use Department of Public Safety or Driver License Division logos, letterhead, or driver license recreations, or imply that they have the ability to issue or withhold a driver license or learner permit.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-18 Change of Address, Employees, and Officers

(1) A school shall immediately notify the division in writing when there is any change in residence or business address of an owner, partner, officer, instructor, or employee of the school.

(2) A representative of the school shall immediately notify the division in writing when there is any change in the ownership or the operator of the school, and shall ensure that a new application for school or operator licensure is submitted in accordance with Section R708-2-4 or R708-2-7.

(3) A school shall immediately notify the division in writing when an employee terminates employment with the school.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-19 Change in Ownership

(1) When any ownership change occurs in a school, the school shall immediately notify the division in writing by the new owner and a new application shall be submitted as specified in Section R708-2-4.

(2) An application shall be considered a renewal when one or more of the original licensees remain as a part owner of the school.

(3) When the change in ownership involves a new applicant not named in the application for the most recent school license issued, the license shall be considered a new application.

(4) The division may permit continuance of operation of the school by the current licensee pending processing of the application made by the new applicant to whom ownership of the school is to be transferred.

(5) Upon issuance of a new school license, the prior license shall be immediately surrendered to the division.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-20 Grounds for Revocation, Probation or Refusal to Issue or Renew a License

(1) The division may:

(a) refuse to issue license; or

(b) following issuance of a notice of agency action , revoke, place on probation, or refuse to renew a license.

(2) A license may be revoked, placed on probation or refused renewal or issuance for:

(a) failure to comply with Title 53, Chapter 3, Part 5 Commercial Driver Training Schools Act;

(b) failure to comply with this rule;

(d) providing false information in an application or form required by the division;

(e) failure to permit the division or its representatives to inspect any school classroom, record, or vehicle used in instruction or testing;

(f) conviction of a felony, or conviction of or reasonable grounds to believe an instructor has committed, an act of moral turpitude; or

(g) failure to appear for a hearing.

(3) A proceeding to revoke, place on probation, or refuse to issue or renew a license is designated as an informal adjudicative proceeding under Section 63G-4-202.

(4) Upon receipt of notice of agency action, a school shall not:

(a) allow a student to enroll in a driver training course or accept payment from a student; or

(b) transfer contracts, records, properties, training activities, obligations, or licenses to another party.

(5) A licensee who has had a license revoked shall not be eligible to reapply for a license until six months have elapsed since the date of the revocation.

(6) The applicant shall submit an application and required documentation for an original license, meet the requirements for an original license, and pay required reinstatement and licensing fees.

(7) Upon receipt of a completed application for a license, in addition to required documentation and applicable fees, the division shall conduct a review process as established by the division director to determine eligibility for reinstatement or re- licensure.

(8) Notice of the division's final decision shall be provided in writing to the applicant within 20 days of receipt of the completed application, required documentation, and fees.

(9) When a request for reinstatement is denied, the applicant shall have an opportunity to request a hearing in writing within 20 days of receipt of the division's final decision.

(10) Any licensee who has had a license revoked by the division two times shall not be eligible to reapply for a license.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-2-21 Procedures Governing Informal Adjudicative Proceedings

(1) The following procedures will govern informal adjudicative proceedings:

(a) the division shall commence an action to revoke, place on probation, or refuse to issue or renew a license by the issuance of notice of agency action;

(i) the notice of agency action shall comply with Section 63G-4-201; and

(ii) the notice of agency action shall not require a response from the recipient.

(b) an opportunity for a hearing shall be granted on a revocation, probation or refusal to issue or renew a license when the division receives in writing a proper request for a hearing;

(c) the division shall send written notice of a hearing to the licensee or applicant at least 14 days prior to the date of the hearing;

(d) no discovery, either compulsory or voluntary, shall be permitted prior to the hearing except that each party shall have access to information in the division's files, and to investigator information and materials not restricted by law;

(e) the division shall designate an individual or panel to conduct the hearing;

(f) within 20 days after the date of the close of the hearing, or after the failure of a party to appear for the hearing, the individual or panel conducting the hearing shall issue a written decision that shall constitute final agency action; and

(g) the written decision shall state the decision, the reason for the decision, notice of right to request reconsideration under Section 63G-4-302, notice of right of judicial review under Section 63G-4-402, and the time limits for filing an appeal to the appropriate district court.

(3) If a commercial driver training school license is revoked, placed on probation or refused renewal:

(a) contracts, records, properties, training activities, obligations, or licenses shall not be transferred to another party; and

(b) existing classroom and behind-the-wheel training hours shall not be transferred to another school for completion.

(4) If a commercial driver training school license is revoked or refused renewal under Section 63G-4-502, the school shall not be authorized to conduct business unless otherwise determined at a hearing.

(5) If an instructor license is revoked, placed on probation, or refused renewal under Section 63G-4-502, and the school license is valid, the school may continue operation provided that an instructor employed by the school with a valid instructor license ensures operation does not compromise public safety.

(6) If an operator license is revoked, placed on probation, or refused renewal under Section 63G-4-502, and the school license is valid, the school may continue operation provided that an operator employed by the school with a valid operator license ensures operation does not compromise public safety.

(7) A license may be placed on probation upon approval of the division director or designee.

(a) A licensee placed on probation shall be subject to a period of close supervision with conditions determined by the division.

(b) During a period of probation, provided that the terms of the probation agreement are adhered to by the probationer licensee, the license shall remain valid.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: March 15, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505

R708-3 Driver License Point System Administration

Utah Admin. Code R708-3-1 Purpose

The purpose of this rule is to establish procedures for the administration of a point system for drivers age 21 and older and a separate point system for drivers age 20 and younger.

History

KEY: traffic violations, point-system
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-209(2); 53-3-221(4)

Utah Admin. Code R708-3-2 Authority

This rule is authorized by Subsections 53-3-209(2), 53-3-221(4), and 63G-4-203(1).

History

KEY: traffic violations, point-system
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-209(2); 53-3-221(4)

Utah Admin. Code R708-3-3 Definitions

(1) Terms used in this rule are defined in Section 53-3-102.

(2) In addition:

(a) "defensive driving course" means a course sponsored and conducted by a certified designee of the National Safety Council which allows the division to grant a 50 point reduction from the driving records of drivers who successfully complete the course;

(b) "probation" means a division sanction whereby a driver is permitted to drive by complying with certain terms and conditions established by the division.

History

KEY: traffic violations, point-system
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-209(2); 53-3-221(4)

Utah Admin. Code R708-3-4 Point Assignment

(1) The division shall determine the number of points to be assigned to each moving traffic violation as a measure of the violation's seriousness.

(2) The division shall assess:

(a) 35 points for minimum speeding violations;

(b) 55 points for intermediate speeding violations;

(d) zero point for traffic violations that require mandatory sanction by law or rule.

(3) The division has determined assessing of no points for minimum speeding violations would be detrimental to public safety.

(4) The division shall make available for public review and inspection on the division's website and at each division office a listing of the number of points assigned to moving traffic violations and the length of time that the violations remain on the record.

History

KEY: traffic violations, point-system
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-209(2); 53-3-221(4)

Utah Admin. Code R708-3-5 Point Increase or Decrease

(1) The division shall increase or decrease the total points accumulated by the following means:

(a) a 10% increase or decrease in points assigned to any moving violation, except speed violations in accordance with Subsection 53-3-221(4)(c);

(b) a 50 point decrease once in a three year period after successfully completing a defensive driving course as defined in this rule;

(d) a 100% point decrease after two years of violation free driving.

(2) The assigned points for any moving traffic violation will be dropped three years after the violation occurred.

(3) The division shall decrease the point total after a sanction for drivers under age 21 to 35 points except when the point total is already below 35.

(4) The division shall decrease the point total after a sanction for drivers age 21 and older to 125 points except when the point total is already below 125.

History

KEY: traffic violations, point-system
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-209(2); 53-3-221(4)

Utah Admin. Code R708-3-6 Point System Thresholds for Drivers Age 21 and Older

(1) The division shall post each conviction of a moving violation to the driving record of the individual convicted, along with the points assigned to the violation, as designated in the code violation table.

(2) The division shall use the following point thresholds to determine the severity of the sanction to be levied against the driver:

(a) 150 to 199 points: driver is sent a warning letter;

(b) 200 points: driver must appear for a hearing;

(d) 300 to 399 points: driver is suspended for 3 months;

(e) 400 to 599 points: driver is suspended for 6 months; and

(f) 600 or more points: driver is suspended for 1 year.

(3) The division may consider a driver who is within a designated threshold for action at a lower threshold if completion of the defensive driving course has lowered the point total to that lower threshold.

(4) The division shall double the suspension time up to a maximum of one year, for a second or subsequent suspension within a three year period.

History

KEY: traffic violations, point-system
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-209(2); 53-3-221(4)

Utah Admin. Code R708-3-7 Separate Point System for Provisional Licensed Drivers

(1) The division shall establish a separate point system to facilitate behavioral influence upon drivers age 20 and younger..

(2) The division may counsel a driver with regards to the development of safe driving attitudes, habits, and skills.

History

KEY: traffic violations, point-system
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-209(2); 53-3-221(4)

Utah Admin. Code R708-3-8 Point System Thresholds for Provisional Licensed Drivers

(2) The division shall use the following point thresholds to determine the severity of the sanction to be levied against the driver:

(a) 35 to 69 points: driver is sent a warning letter;

(b) 70 points: driver must appear for a hearing;

(d) 140 to 199 points, or violation of probation for the first time in a three year period: driver may be denied for 30 days;

(e) 140 to 199 points for a second time in a three year period or a second probation violation in a three year period: driver may be denied for 60 days;

(f) 140 to 199 points for a third time in a three year period or a third probation violation in a three year period: driver may be suspended for 90 days;

(g) 200 to 249 points: driver is suspended for 60 days;

(h) 250 to 349 points: driver is suspended for 90 days;

(i) 350 to 449 points: driver is suspended for 6 months; and

(j) 450 or more: driver is suspended for 1 year.

(4) The division shall deny an individual's driving privilege for the first two sanctions within a three year period unless the point total is 200 or more.

(5) The division shall suspend an individual's driving privilege for a third or additional sanction within a three year period at the next highest threshold, which doubles in length for each succeeding sanction within the three year period up to a maximum of one year.

(6) The division shall extend the original denial or suspension period when the driver is convicted of a moving traffic violation while the original denial or suspension period is still in effect.

(7) The division shall deny or suspend the driving privilege of an individual for failing to appear for a hearing requested this rule.

History

KEY: traffic violations, point-system
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-209(2); 53-3-221(4)

Utah Admin. Code R708-3-9 Hearing

Drivers who are sanctioned under this rule are entitled to a hearing in accordance with Subsection 53-3-221(5)(a)(i) and Rule R708-35.

History

KEY: traffic violations, point-system
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-209(2); 53-3-221(4)

R708-7 Functional Ability in Driving: Responsibilities for Physicians and Drivers

Utah Admin. Code R708-7-1 Purpose

The purpose of this rule is to establish the:

(1) procedure for administering the standards and guidelines used by health care professionals to assess certain medical conditions in relation to driving safety;

(2) responsibilities of health care professionals to educate patients on medical conditions that may affect driving safety;

(3) responsibilities of individuals regarding their health in relation to driving safety; and

(4) procedures regarding a petition requesting removal of an ignition interlock restriction.

History

KEY: administrative procedures, health care professionals, physicians
Date of Last Change: July 23, 2024
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43; 41-6a-518.2

Utah Admin. Code R708-7-2 Authority

This rule is authorized by Section 53-3-104.

History

KEY: administrative procedures, health care professionals, physicians
Date of Last Change: July 23, 2024
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43; 41-6a-518.2

Utah Admin. Code R708-7-3 Definitions

(1) Terms used in this rule are defined in Sections 53-3-102 and 53-3-302.

(2) In addition:

(a) "deep breath lung sample" also known as alveolar breath sample, means an air sample that is the last portion of a prolonged, uninterrupted exhalation and that gives a quantitative measurement of alcohol concentration from which breath alcohol concentrations can be determined;

(b) "FEV1" means the amount of air that can be forcibly exhaled from the lungs over one second of time after taking the deepest breath possible;

(d) "guidelines" means the Functional Ability In Driving: Guidelines and Standards for Health Care Professionals created by the board to assist health care professionals in assessing certain medical conditions in relation to driving safety;

(e) "IID Removal Petition Physician Statement" means the form furnished by the division used by a physician to provide a synopsis of an individual's medical condition to determine eligibility for an exemption from an ignition interlock device requirement;

(f) "medical form" means a Functional Ability Evaluation Medical Report Form furnished by the division used by health care professionals to assess medical conditions;

(g) "spirometry" means a test of lung function that measures the quantity and speed of air that is inhaled or exhaled; and

(h) "vision form" means a Certificate of Visual Examination Form furnished by the division used by health care professionals to assess visual acuity.

History

KEY: administrative procedures, health care professionals, physicians
Date of Last Change: July 23, 2024
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43; 41-6a-518.2

Utah Admin. Code R708-7-4 Driver's Responsibilities

(1) Each individual that applies for or holds a Utah driver license shall:

(a) answer health questions related to driver safety each time an application for a Utah driving privilege is submitted to the division;

(b) refrain from driving if there is uncertainty caused from having a physical, mental, or emotional impairment that may affect driving safety;

(d) report a physical, mental, or emotional impairment that may affect driving safety to the division in a timely manner.

(2) Individuals who experience a physical, mental, or emotional impairment, shall take a medical or vision form to a health care professional who shall provide the requested information, including a safety assessment level that reflects the individual's condition.

(3) Individuals may not determine a safety assessment level for themselves.

History

KEY: administrative procedures, health care professionals, physicians
Date of Last Change: July 23, 2024
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43; 41-6a-518.2

Utah Admin. Code R708-7-5 Health Care Professional's Responsibilities

(1) Health care professionals shall:

(a) discuss the individual's health as it may affect driving abilities and make special recommendations in unusual circumstances;

(b) assess physical, mental, or emotional impairment conditions on forms furnished by the division; and

(c) report to the division regarding serious physical, mental, or emotional impairments that may affect driving safety concerning their patients.

(2) Health care professionals who make reports to the division regarding physical, mental, or emotional impairments that pose a threat to driving safety have immunity from any damages claimed from making the report.

History

KEY: administrative procedures, health care professionals, physicians
Date of Last Change: July 23, 2024
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43; 41-6a-518.2

Utah Admin. Code R708-7-6 Driver License Medical Advisory Board

The Driver License Medical Advisory Board shall:

(1) recommend written functional ability and safety assessment guidelines and standards for determining the physical, mental, and emotional capabilities of individuals appropriate to various driving abilities;

(2) advise the director of the division on individual cases regarding medical impairment and driving safety; and

(3) administer the guidelines.

History

KEY: administrative procedures, health care professionals, physicians
Date of Last Change: July 23, 2024
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43; 41-6a-518.2

Utah Admin. Code R708-7-7 Persons Authorized to Complete Medical and Vision Forms

(1) Licensed physicians and surgeons may complete the entire medical and vision form.

(2) Licensed ophthalmologists and optometrists may only complete the vision form.

(3) Nurse practitioners, physician assistants, advanced practice nurses, chiropractors, and other health care professionals may perform physical examinations and report their findings on the medical and vision forms provided that:

(a) they are licensed by the state as health care professionals;

(b) the physical examination does not need advanced or complex diagnosis or treatment; and

(c) if advanced or complex medical diagnostic analysis is needed, they shall refer the patient to the appropriate health care professional for further evaluation and completion of the medical or vision form.

(4) An individual authorized under Section R708-7-7 may not complete a medical or vision form if the medical or vision form is for themselves.

History

KEY: administrative procedures, health care professionals, physicians
Date of Last Change: July 23, 2024
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43; 41-6a-518.2

Utah Admin. Code R708-7-8 Use of the Safety Assessment Level

(1) Health care professionals shall apply the standards in the Functional Ability in Driving Guidelines and Standards for Health Care Professionals, January 2024 edition, which are incorporated by reference, when assessing patient health and completing the report forms.

(2) The board has identified the following specific medical categories:

(a) "category A" diabetes and metabolic conditions;

(b) "category B" cardiovascular;

(d) "category D" neurologic;

(e) "category E" seizures and episodic conditions;

(f) "category F" learning and memory;

(g) "category G" mental health;

(h) "category H" alcohol and other drugs;

(j) "category J" musculoskeletal or chronic debility; and

(k) "category K" alertness or sleep disorder.

(3) The division shall publish the guidelines on the division's website, dld.utah.gov.

(4) The division may request an individual to complete a driver review upon receipt of certain safety assessment levels, which may include a driving skills test to demonstrate the ability to safely operate a motor vehicle before the division can determine if:

(a) the individual will keep the privilege to drive without restrictions;

(b) driving restrictions may be needed to ensure public safety; or

(5) A health care professional may also request the division evaluate an individual's driving skill level at the health care professional's discretion.

History

KEY: administrative procedures, health care professionals, physicians
Date of Last Change: July 23, 2024
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43; 41-6a-518.2

Utah Admin. Code R708-7-9 Denial of Driving Privileges

(1) The division shall notify an individual their privilege to drive is denied for any of the following:

(a) a medical form that is completed in any category that the driver is assessed at a level eight in accordance with the guidelines, or other documentation that states the health care professional recommends the individual not drive;

(b) a vision form that the driver is assessed at a level ten in accordance with the guidelines, or other documentation that states the health care professional recommends the individual not drive; or

(2) An individual may request a review of the division's decision upon receipt of a notice of denial of the privilege to drive.

History

KEY: administrative procedures, health care professionals, physicians
Date of Last Change: July 23, 2024
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43; 41-6a-518.2

Utah Admin. Code R708-7-10 Petition to Remove Ignition Interlock Restriction

(1) An individual with a medical condition that prohibits the individual from providing a deep lung breath sample necessary to operate an ignition interlock system may submit a petition to the division containing the following:

(a) an IID Removal Petition Physician Statement Form provided by the division completed by the physician;

(b) a medical form completed by a physician;

(d) measurements of FVC and FEV1 as measured by reproducible spirometry within 90 days of the petition.

(2) The board shall review documentation submitted to support the individual cannot provide a deep lung breath sample under Title 53, Chapter 3, Part 3, Impaired Persons Licensing Act.

(3) The board may request additional documentation regarding a medical exemption requested under this rule.

(4) The division may consider:

(a) the recommendation of the panel;

(b) public safety;

(d) the level of pulmonary or other impairment affecting the individual in determining the individual's license restrictions.

History

KEY: administrative procedures, health care professionals, physicians
Date of Last Change: July 23, 2024
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43; 41-6a-518.2

R708-8 Review Process: Driver License Medical Section

Utah Admin. Code R708-8-1 Step One

When competent evidence is received by the Department that a driver license applicant or licensee has physical, mental or emotional conditions which may impair his ability to safely operate a motor vehicle, the department may act to restrict or deny the applicant or licensee's driving privilege by applying the "Functional Ability in Driving: Guidelines and Standards for Health Care Professionals".

The decision to limit or deny privileges may also be based, in part, upon informal consultation between the department and one or more members of the Medical Advisory Board.

History

KEY: administrative procedure, legislative procedures
Date of Last Change: January 9, 2020
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-303; 53-3-224

Utah Admin. Code R708-8-2 Step Two

53-3-303 requires the aggrieved applicant or licensee to notify this department of their desire for a medical review of the above action in writing within ten (10) days after the receipt of notice of such action.

History

KEY: administrative procedure, legislative procedures
Date of Last Change: January 9, 2020
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-303; 53-3-224

Utah Admin. Code R708-8-3 Step Three

The Department (Driver License - Medical Section) upon receipt of a written request for review, will contact the Driver License Medical Advisory Board and will give a time, date and location within sixty (60) days after receipt of the request at which to meet in order to review the medical evidence. The Driver License Division Director or his designate shall also attend the review meeting. Unless otherwise agreed upon, such meetings will be held after regular office hours. The applicant or licensee will be notified by the department of the date on which their case will be reviewed and may submit any type of written, photographic or otherwise documented medical evidence in their behalf to the department for the panel's consideration. The applicant may be requested by the Driver License Medical Advisory Board to appear in person during the review in order to answer questions regarding their medical condition.

The panel shall review the matters and make written findings and conclusions pursuant to which the department shall affirm or modify its previous action. It shall be the policy of the department to adhere as closely as possible to the panel's recommendations regarding licensure of the applicant. The applicant or licensee shall be notified in writing at their last known address of the Department's decision to uphold or modify its original action as soon as possible following the review.

History

KEY: administrative procedure, legislative procedures
Date of Last Change: January 9, 2020
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-303; 53-3-224

Utah Admin. Code R708-8-4 Step Four

If new medical evidence which is relevant to the applicant or licensee's case should develop following the panel's findings and conclusions, such evidence may be presented to the department and the applicant or licensee's case will be reviewed by the department in light of this evidence.

History

KEY: administrative procedure, legislative procedures
Date of Last Change: January 9, 2020
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-303; 53-3-224

Utah Admin. Code R708-8-5 Step Five

If the applicant is further aggrieved by the department's decision following the above review process, they may appeal to the courts for judicial review as provided for by Section 53-3-224.

History

KEY: administrative procedure, legislative procedures
Date of Last Change: January 9, 2020
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-303; 53-3-224

R708-10 Driver License Restrictions

Utah Admin. Code R708-10-1 Purpose

The purpose of this rule is to identify and define restriction codes that apply to a Utah driving privilege.

History

KEY: driver license restrictions, licensing
Date of Last Change: June 3, 2024
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104(1)(a); 53-3-208

Utah Admin. Code R708-10-2 Authority

This rule is authorized by Subsection 53-3-104(1)(a).

History

KEY: driver license restrictions, licensing
Date of Last Change: June 3, 2024
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104(1)(a); 53-3-208

Utah Admin. Code R708-10-3 Definitions

"Restriction Code" means a designation on a person's Utah driving certificate or Utah driving record that indicates a specific driving restriction identified by the Utah Driver License Division required for a person to safely operate a motor vehicle.

History

KEY: driver license restrictions, licensing
Date of Last Change: June 3, 2024
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104(1)(a); 53-3-208

Utah Admin. Code R708-10-4 Restriction Code

(1) "A" indicates no restrictions are required for the driver while they are operating a motor vehicle.

(2) "B" indicates the driver is restricted to wearing corrective lenses while operating a motor vehicle.

(3) "C" indicates a mechanical aid or compensatory device must be installed in the motor vehicle the driver is operating.

(4) "D" indicates the driver must use a prosthetic aid while operating a vehicle.

(5) "F" indicates the driver is restricted to driving a motor vehicle with outside rearview mirrors.

(6) "G" indicates the driver is restricted to driving during daylight hours only.

(7) "J" is used as a free text field to identify additional restrictions for the driver.

(8) "K" indicates the driver is restricted to intrastate only while driving commercially.

(9) "U" indicates the driver is restricted to operating only three-wheel motorcycles.

(10) "1" indicates the driver is required to have an ignition interlock device installed in the motor vehicle they are operating.

(11) "2" indicates the driver is restricted to operating a motorcycle with 249cc or less.

(12) "3" indicates the driver is restricted to operating a motorcycle with 649cc or less.

(13) "4" indicates the driver is restricted to operating a street legal ATV.

(14) "5" indicates the driver is restricted to operating a motorcycle with 90cc or less.

(15) "6" indicates the driver is restricted to operating a motor vehicle on a road with a posted speed limit of 40 mph or less.

(16) "7" indicates the driver is restricted to operating a motor vehicle with an automatic transmission.

History

KEY: driver license restrictions, licensing
Date of Last Change: June 3, 2024
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104(1)(a); 53-3-208

R708-14 Adjudicative Proceedings For Driver License Actions Involving Alcohol and Drugs

Utah Admin. Code R708-14-1 Purpose

This rule establishes procedures used by the Driver License Division regarding alcohol and drug related adjudicative proceedings.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-6a-521; 53-3-221(6)(v); 53-3-223; 53-3-231; 53-3-418; 53-3-223.5; 63G-4-203(1)

Utah Admin. Code R708-14-2 Authority

This rule is authorized by Subsections 63G-4-203(1) and 53-3-221(6)(v).

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-6a-521; 53-3-221(6)(v); 53-3-223; 53-3-231; 53-3-418; 53-3-223.5; 63G-4-203(1)

Utah Admin. Code R708-14-3 Definitions

(1) Terms used in this rule are defined in Sections 63G-4-103 and 53-3-102.

(2) In addition;

(a) "division record" means the entire division file, including written reports received or generated by the division. It also includes written comments, hearing officer's written statements and summaries, testimony, evidence, findings of fact, conclusions of law, recommendations, and orders;

(d) "hearing officer" means a division employee with authority to conduct a hearing; and

(e) "record" means to document, by electronic or other means, the testimony or information presented at an alcohol or drug adjudicative proceeding.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-6a-521; 53-3-221(6)(v); 53-3-223; 53-3-231; 53-3-418; 53-3-223.5; 63G-4-203(1)

Utah Admin. Code R708-14-4 Designations

(1) In compliance with Section 63G-4-202, the division has designated any division adjudicative proceeding as informal.

(2) A division supervisor may convert an informal proceeding to a formal proceeding if the conversion will promote efficiency, public safety, and not unreasonably increase cost.

(3) The driver may represent themselves or be represented by a Utah state licensed attorney in the adjudicative proceeding.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-6a-521; 53-3-221(6)(v); 53-3-223; 53-3-231; 53-3-418; 53-3-223.5; 63G-4-203(1)

Utah Admin. Code R708-14-5 Authority for Conducting Adjudicative Proceedings

Alcohol and drug adjudicative proceedings will be conducted in accordance with Sections 41-6a-521, 53-3-223, 53-3- 231, 53-3-418, 63G-4-203, and this rule.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-6a-521; 53-3-221(6)(v); 53-3-223; 53-3-231; 53-3-418; 53-3-223.5; 63G-4-203(1)

Utah Admin. Code R708-14-6 Initiating an Adjudicative Proceeding

(1) Alcohol and drug adjudicative proceedings under this rule may begin by:

(a) a notice of division action signed by the division director, if the proceeding is initiated by the division; or

(b) a request for division action, if the proceeding is initiated by a person other than the division.

(2) A notice of division action sent by the division or a request for division action sent by a person other than the division shall include the information in Subsections 63G-4-201(2)(a) and (3)(a) respectively.

(3) In addition to the information in Subsection 63G-4-201(3)(a), a petitioner's request for division action shall include the petitioner's:

(a) full name;

(b) date of birth; and

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-6a-521; 53-3-221(6)(v); 53-3-223; 53-3-231; 53-3-418; 53-3-223.5; 63G-4-203(1)

Utah Admin. Code R708-14-7 Alcohol and Drug Adjudicative Proceedings

The alcohol and drug adjudicative proceedings conducted by the division, deal with the following types of hearings:

(1) any violation listed in Subsection 53-3-223(2);

(2) implied consent, Section 41-6a-521;

(3) measurable metabolite in body, Section 53-3-223;

(4) consumption by a minor, Section 53-3-231; and

(5) CDL .04, Section 53-3-418.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-6a-521; 53-3-221(6)(v); 53-3-223; 53-3-231; 53-3-418; 53-3-223.5; 63G-4-203(1)

Utah Admin. Code R708-14-8 Request for Alcohol or Drug Hearing

(1) An individual requesting an alcohol or drug hearing shall:

(a) submit a request in writing to the division within ten calendar days of the notice of arrest; and

(b) include the driver's:

(i) full name;

(ii) date of birth;

(iii) date of arrest;

(iv) current address;

(v) Utah license number if applicable; and

(vi) a designation if the driver will attend the hearing in person at a division office, telephonically, or by live audiovisual means.

(2) An individual making a request under Subsection (1) may submit the request to the division by:

(a) accessing the division's website dld.utah.gov/dui-hearing-request/;

(b) emailing dldui@utah.gov; or

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-6a-521; 53-3-221(6)(v); 53-3-223; 53-3-231; 53-3-418; 53-3-223.5; 63G-4-203(1)

Utah Admin. Code R708-14-9 Hearing Procedures

(1) The division shall hold alcohol and drug adjudicative proceedings, including the hearings listed in Section R708- 14-7:

(a) at a time and place designated by the division, or agreed upon by the parties; and

(b) in the county of arrest or a county adjacent to the county in which the offense occurred.

(2) The county in which the hearing is held may be designated by the division if each party and witness have requested to attend telephonically or by live audiovisual means.

(3) Notice of the hearing provided by the division shall be:

(a) given as provided in Subsection 53-3-216(3) unless otherwise agreed upon by the parties;

(b) mailed to the driver at their address on file with the division unless otherwise agreed upon by the parties;

(d) signed by the division director.

(4) The notice provided under Subsection (3) need only inform the parties as to the date, time, place, and basic purpose of the proceeding. The parties are considered to know the law.

(5) If the driver fails to respond timely to a division request or notice, a default may be entered in accordance with Subsection 53-3-223(7)(a).

(6) The parties and witnesses may testify under oath, present evidence, and comment on pertinent issues.

(7) The hearing officer may:

(a) exclude irrelevant, repetitious, immaterial, or privileged information or evidence;

(b) consider hearsay evidence and receive documentary evidence, including copies or excerpts;

(d) issue subpoenas;

(e) conduct prehearing conference by telephone or in person to clarify issues, dispose of procedural questions, and expedite the hearing;

(f) record or take notes of the hearing at their discretion; and

(g) take appropriate measures to keep the integrity of the hearing.

(8) The driver shall have access to information in the division file to the extent permitted by law.

(9) Discovery is prohibited, but the division may issue subpoenas or other orders to compel production of necessary evidence. Subpoenas may be issued by the division at the request of the driver if the costs of the subpoenas are paid by the driver and will not delay the proceeding.

(10) The hearing officer has discretion to take administrative notice of records, procedures, rules, policies, technical scientific facts within the hearing officer's specialized knowledge or experience, or of any other facts that could be judicially noticed.

(11) The hearing officer shall make a recommendation to the presiding officer regarding action to be taken following the hearing.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-6a-521; 53-3-221(6)(v); 53-3-223; 53-3-231; 53-3-418; 53-3-223.5; 63G-4-203(1)

Utah Admin. Code R708-14-10 Findings, Conclusions, Recommendations and Orders

(1) Statements reflecting findings of fact, conclusions of law, and recommendation may be written on forms approved by the division.

(2) Within a reasonable period after the close of the hearing, the hearing officer shall issue an order that complies with Subsection 63G-4-203(1)(i).

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-6a-521; 53-3-221(6)(v); 53-3-223; 53-3-231; 53-3-418; 53-3-223.5; 63G-4-203(1)

Utah Admin. Code R708-14-11 Reconsideration

(1) In accordance with Section 63G-4-302 a driver may file a request for reconsideration of the order within 20 days after receiving it.

(2) If the division does not issue an amended order within 20 days after receiving the request for reconsideration, the request for reconsideration shall be considered denied.

(3) The driver may seek judicial review in accordance with Section 63G-4-402.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-6a-521; 53-3-221(6)(v); 53-3-223; 53-3-231; 53-3-418; 53-3-223.5; 63G-4-203(1)

R708-19 Automobile No-Fault Self-Insurance

Utah Admin. Code R708-19-1 Authority

This rule is authorized by Section 41-12a-201.

History

KEY: self insurance plans
Date of Last Change: 1992
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 41-12a-201; 41-12a-406; 41-12a-407

Utah Admin. Code R708-19-2 Purpose

The purpose of this rule is to set forth the methods approved by the department for providing the security required by Sections 41-12a-301 and 407. This rule is not intended to exclude any other methods of establishing equivalent security which may be approved by the department.

History

KEY: self insurance plans
Date of Last Change: 1992
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 41-12a-201; 41-12a-406; 41-12a-407

Utah Admin. Code R708-19-3 Amount of Deposit, Bond, or Letter of Credit

The Department requires an insurer to submit a certificate of self-funded coverage by depositing cash, a bond or letter of credit with the Department as per Section 41-12a-407.

History

KEY: self insurance plans
Date of Last Change: 1992
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 41-12a-201; 41-12a-406; 41-12a-407

Utah Admin. Code R708-19-4 Approved Methods

(1) The following methods are approved by the department for meeting the requirements of providing equivalent security.

(a) Depositing with the department an amount in cash at least equal to minimum amounts specified hereinafter. The cash shall be held on deposit in accordance with Section 41-12a-406 by the Utah State Treasurer to satisfy approved claims and any executions on any judgment issued against such person making said deposit for damages or benefits provided under the Financial Responsibility of Motor Vehicle Owners and Operators Act. The deposit shall not be subject to attachment or executions except as shall arise from the enforcement of the Act.

(b) Posting with the department a bond, on a form approved by the department from a surety company authorized to do business in this state, providing for payment at least equal to minimum amounts specified hereinafter to assure payment of damages and benefits imposed by the Financial Responsibility of Motor Vehicle Owners and Operators Act.

(c) Delivering to the department a letter of credit, which is irrevocable as to beneficiary for one year, which covers the same amounts specified hereinafter to assure payment of damages and benefits imposed by the Financial Responsibility of Motor Vehicle Owners and Operators Act (41-12a-101).

History

KEY: self insurance plans
Date of Last Change: 1992
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 41-12a-201; 41-12a-406; 41-12a-407

Utah Admin. Code R708-19-5 General Rules

(1) Each owner providing the equivalent security shall:

(a) Complete and have notarized and file an application obtained from and approved by the department.

(b) File an application for approval each year.

(c) Submit a detailed report to the department within 15 days after each accident for which benefits are claimed under this act, and

(d) Be subject to the same requirements and entitled to the same privileges as provided for insurance companies.

(e) Maintain a fleet of not less than 25 vehicles.

(2) In lieu of the foregoing, an owner may supply a certified copy of the Decision to Grant Self-Insurance from the Interstate Commerce Commission.

History

KEY: self insurance plans
Date of Last Change: 1992
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 41-12a-201; 41-12a-406; 41-12a-407

R708-20 Motor Vehicle Accident Prevention Course Standards

Utah Admin. Code R708-20-1 Authority and Purpose

Section 31A-19a-211 provides for an appropriate reduction of automobile insurance premiums for persons 55 years of age or older who successfully complete a motor vehicle accident prevention course.

The purpose of this rule is to establish procedures and standards for agencies or organizations who may conduct motor vehicle accident prevention courses as prescribed by this section.

History

KEY: motor vehicles, accident prevention
Date of Last Change: January 2, 1997
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 31A-19a-211

Utah Admin. Code R708-20-2 Definitions

"Course" means a motor vehicle accident prevention course.

"Department" means the Department of Public Safety.

"Instructor" means an individual who has been approved by the course sponsor for the purpose of conducting an approved motor vehicle accident prevention course.

"Sponsor" means an organization or agency that conducts a motor vehicle accident prevention course.

History

KEY: motor vehicles, accident prevention
Date of Last Change: January 2, 1997
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 31A-19a-211

Utah Admin. Code R708-20-3 Motor Vehicle Accident Course Application For Approval

Each sponsor who proposes to offer a course to the public for insurance reduction must submit a completed application to the department for approval on a form approved by the department.

A sponsor may file an application for approval at any time.

In order to be approved, a sponsor must comply with the following requirements:

The course must provide for a minimum of four hours classroom instruction which must be completed within a 30-day period from the date of enrollment.
The course curriculum shall include, but is not limited to, the following subjects:

a. How impairment of visual and audio perception affects driving performance and how to compensate for that impairment.

b. The effects of fatigue, medications, and alcohol on driving performance, when experienced alone or in combination, and precautionary measures to prevent or offset ill effects.

c. Updates on rules of the road and equipment, including but not limited to, safety belts and safe, efficient driving techniques under present day road and traffic conditions.

d. How to plan travel time and select routes for safety and efficiency.

e. How to make crucial decisions in dangerous, hazardous, and unforeseen situations.

f. The effects of physiological and physical problems that increase with age, their impact on driving, and how to compensate for these impairments, if possible.

Provide the department with all materials, manuals, and curriculum used in the course.
Provide an instructor preparation course to all instructor candidates. Only instructors who have completed this course may be employed by the sponsor.
Provide research documentation showing evidence of the effectiveness of the course. In the case of a course being new and having no documentation, evidence shall be submitted to the department when it becomes available.
Provide an address and telephone number where the course will be given and which may be disseminated to the public.
Designate an individual as representative of the course sponsor who is responsible for liaison with the department and include the representative's address and telephone number.

Course approval shall be valid for one year. At the end of one year a sponsor may make a renewal application on a form approved by the department. When approval is given, a certificate will be issued by the department to the sponsor upon approval of the course.

History

KEY: motor vehicles, accident prevention
Date of Last Change: January 2, 1997
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 31A-19a-211

Utah Admin. Code R708-20-4 Withdrawal or Denial of Approval

Approval to conduct a course may be denied or withdrawn if it is determined by the department that a sponsor has failed to comply with any provisions of Section 31A-19a-211 or this rule.

History

KEY: motor vehicles, accident prevention
Date of Last Change: January 2, 1997
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 31A-19a-211

Utah Admin. Code R708-20-5 Monitoring of Course

The sponsor will allow and cooperate with the department's monitoring of any curriculum or course instruction conducted for insurance reduction including the scheduling of on-site visits by department representatives to perform audits of course records, course curriculum, course instruction and the inspection of classroom facilities, in order to assure compliance of standards as prescribed by this rule.

History

KEY: motor vehicles, accident prevention
Date of Last Change: January 2, 1997
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 31A-19a-211

R708-21 Third-Party Testing

Utah Admin. Code R708-21-1 Authority

This rule is authorized by Section 53-3-104.

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-2 Purpose

The purpose of this rule is to establish standards and procedures for Third-party Testers and Third-party Examiners who enter into an agreement with the State, to administer skills tests to commercial drivers.

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-3 Definitions

(1) Definitions used in this rule are found in Section 53-3-102.

(2) In addition:

(a) "act involving moral turpitude" means conduct which:

(i) is done knowingly contrary to justice, honesty, or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another property;

(b) "designated representative" means a person identified by an organization, who is an officer, owner, partner or employee of the organization and who is authorized by the organization to comply with Third-party Testing Program requirements;

(c) "established business" means any company that has been issued a license by a state, county or city licensing agency to conduct business;

(d) "probation" means action taken by the department, which includes a period of close supervision as determined by the division;

(e) "revocation" means the permanent removal of certification of a Third-party Tester or Third-party Examiner;

(f) "state" means the State of Utah;

(g) "third-party examiner" means a person who has completed, passed and maintains the required training to administer the skills tests to commercial drivers; and

(h) "third-party tester" means a person, an agency of this state, an employer, a private driver training facility or other private institution, or a department, agency or entity of local government with whom the state has an agreement to administer skills tests to commercial drivers.

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-4 Requirements for Application, Certification and Renewal of Certification for a Third-party Tester

(1) Application for an original or renewal Third-party Tester certification shall be made on a form furnished by the division, and shall include:

(a) name of Third-party Tester;

(b) address of Third-party Tester;

(d) names of all Third-party Examiners;

(e) addresses of all testing sites;

(f) name of the designated representative; and

(g) copy of business license.

(2) Upon receipt of the application, fingerprint card and required fees, the division shall schedule an appointment with the Third-party Tester to determine eligibility, establish test routes, schedule instruction and provide forms.

(3) A written agreement shall be made with the state to conduct skills test as required by Federal regulations established in 49 CFR 383.75. The agreement shall contain the following provisions:

(a) allow the Federal Motor Carrier Safety Administration (FMCSA) or its representative, and/or the division to conduct random examinations, inspections and audits without prior notice;

(b) allow the division to conduct on-site inspections annually or when deemed necessary by the division;

(c) require all Third-party Examiners receive training approved by the division which requires them to conduct skills tests in compliance with the FMCSA minimum standards; and

(d) require at least one of the following on an annual basis:

(i) a division representative take the tests actually administered by the Third-party Examiner as if the division representative were a test applicant;

(ii) the division test a sample of drivers who were examined by the Third-party Examiner to compare pass/fail results; or

(iii) the division co-score along with the Third-party Examiner during CDL skills test to compare pass/fail.

(4) The Third-Party tester shall:

(a) have an established business for a minimum of two years, or employ a Third-party Examiner that has been certified the previous two years under R708-21-5;

(b) maintain a current business license required by the municipality or county;

(d) require that Third-party Examiners:

(i) administer at least ten CDL skills tests in the year preceding the renewal of the Third-party Tester application; or

(ii) be observed by the division representative administering at least one CDL skills test in the proper manner;

(e) name a designated representative(s) that will sign signature cards for new employees and withdraw the authority of employees that are no longer certified to test for the company;

(f) not be permitted to engage the service of an employee of the division as an examiner, agent, or employee; and

(g) submit a fingerprint card and a check or money order to the division, made payable to the Utah Bureau of Criminal Identification, to cover the cost associated with a criminal history background check and FBI check.

(5) Certification shall be valid for a period of 12 months. No later than one month prior to expiration of certification, the Third-party Tester shall submit a renewal application to the division.

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-5 Requirements for Application, Certification and Renewal of Certification for a Third-party Examiner

(1) An application for an original or renewal Third-party Examiner certification shall be made on a form furnished by the division, and shall include the following:

(a) name of Third-party Tester;

(b) address of Third-party Tester;

(d) residential address of Third-party Examiner;

(e) telephone number and email address of Third-party Examiner; and

(f) signature and date of Third-party Examiner.

(2) All Third-party Examiners shall be sponsored by a Third-party Tester, who shall be responsible for all tests administered by the Third-party Examiner.

(3) An applicant for Third-party Examiner shall comply with the following requirements:

(a) have and maintain a valid driver's license with no suspensions, revocations, cancellations or disqualifications within one year prior to application;

(b) have at least three years driving experience;

(c) submit a fingerprint card and a check or money order to the division, made payable to the Utah Bureau of Criminal Identification, to cover the cost associated with a criminal history background check and FBI check;

(d) have the physical strength and agility to physically enter and exit commercial vehicles unassisted;

(e) complete the approved training by the division and pass the final examination with a minimum score of 80%. Third-party Examiners need to be aware that any training they receive from private or other organizations may require a training fee;

(f) schedule a time, within one year of training with the division representative, to demonstrate his/her ability to perform the skills tests according to 49 CFR 383.75 (g) and 49 CFR 383.75 (h), in an actual test setting. Upon approval from the division representative, the examiner may begin testing. Failure to comply with this portion of this certification process will result in the examiner having to complete the approved training as described in R708-21-5 (3)(e); and

(g) upon completion of training, Third-party Examiners shall be issued a certificate of completion. The division will file and maintain a copy of the certificate of completion in the Third-party Tester file.

(4) All authorized Third-party Examiners shall be required to sign an agreement verifying that they have read and understand the required rules and training materials.

(5) Upon application for recertification a Third-party Examiner shall meet the requirements outlined in Subsections R708-21-5(1) through R708-21-5(4) in addition to the following:

(a) administer at least ten CDL skills tests to different applicants in the year preceding the renewal of the Third-party Tester application; or

(b) be observed by the division representative administering at least one CDL skills tests in accordance with 49 CRF 383.75(g) and 49 CFR 383.75(h).

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-6 Requirements for Designated Representative

(1) A designated representative is responsible for overseeing the Third-party Tester and Examiners. The designated representative shall be the liaison between division representatives and Third-party Examiners.

(2) A designated representative shall:

(a) maintain personnel files for all Third-party Examiners assigned to their company;

(b) notify the division in writing within 10 calendar days of any change to a Third-party Examiner driving status;

(d) notify the division in writing within 30 calendar days of a change to a Third-party Tester or Examiners address;

(e) make application for renewal of a Third-party Tester certificate at least one month prior to expiration date;

(f) maintain security of all CDL score sheets and personal data noted on the CDL score sheets;

(g) ensure all CDL test score sheets have been destroyed after 3 years.

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-7 Skills Test Administration

(1) Skills tests shall be conducted strictly in accordance with the provisions of these requirements and with current test instructions provided by the division 49 CFR 383.75, and the AAMVA training manual.

(a) Such instructions include information regarding:

(i) skills test content;

(ii) route selection/revision;

(iii) test forms;

(iv) examiner procedures; and

(v) administrative procedures.

(2) Tests shall be conducted:

(a) on test routes approved by the division;

(b) in a vehicle that is representative of the class and type of vehicle for which the CDL applicant seeks to be licensed, and for which the Third-party Examiner is qualified to test; and

(3) Third-party Examiners shall test and certify only those CDL applicants who hold a valid Commercial Driver Instruction Permit and shall ensure adherence to the class, endorsements, restrictions and expiration dates listed on the permit.

(4) All Third-party Testers and Third-party Examiners shall schedule the skills tests on the division's web application at least 48 hours prior to administering the CDL Skills test.

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-8 Processing CDL Skills Test

(1) The division shall provide training and allow access to the divisions web service application used for scheduling skills tests and recording the results of the tests to:

(a) a certified Third-party Examiner; or

(b) a representative of the Third-party Tester that has met the requirements of R708-21-5(3)(c) and the division has reviewed and approved the results of the fingerprint and FBI background checks.

(2) The division shall supply an approved CDL skills test score sheet to authorized Third-party Testers for use when administering skills tests. The score sheet shall be filled out correctly and signed by both the Third-party Examiner and driver,

(a) Third-party Testers shall maintain all skill test score sheets for a period of three years after which they must be immediately destroyed by means of incineration or shred.

(b) Third-party Testers are responsible to ensure the security of all CDL score sheets and personal data collected on the CDL score sheets and the applicant.

(3) The score sheet shall include the following information:

(a) applicant's name and phone number;

(b) applicant's Utah Driver License number;

(d) Gross Vehicle Weight Rating (GVWR);

(e) vehicle and trailer license plate numbers;

(f) class of license, restriction and/or endorsement tested for;

(g) start time, end time, and date test was administered;

(h) authorized Third-party Examiner name and assigned number;

(i) applicant's signature and date; and

(j) authorized Third-party Examiner's signature and date.

(4) The Third-party Examiner shall document all skills test results on the score sheet.

(5) The Third-party Examiner shall provide the completed skills test score sheet to the driver in a sealed envelope.

(6) The Third-party Examiner or Third-party Tester shall not withhold a passed skills test score sheet from an applicant that has successfully met the testing requirements.

(7) The Third-party Examiner shall enter the skills test results on the driver's record through the division web application within 48 hours of the test.

(8) Test results are only acceptable if testing was completed within the previous six months.

(9) The division shall accept the score sheet as proof the driver has completed one or more skills tests.

(10) As a result of the driver not completing or passing the skills test within six months of the original failed or incomplete test, the Third-party Examiner shall send the score sheet directly to the division representative.

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-9 Inspection and Audit Process

(1) During inspections the representative(s) designated by the Third-party Tester shall cooperate with the division or federal representative with respect to on-site inspections.

(2) On-site inspections shall be conducted to verify compliance with FMCSA guidelines and R708-21.

(3) The Third-party Tester shall maintain accurate driver testing records and must be able to furnish them upon request.

(4) Check rides may be made by any designated division representative to verify compliance with the state and federal minimum testing standards and may consist of:

(a) a division employee taking the skills test as administered by the Third-party Tester as if such employee was a test applicant;

(b) the division administering the skills tests to a sample of drivers who were previously examined by the Third-party Testers to determine if the check ride results are consistent with the Third-party Tester results; and

(5) A division representative shall prepare a written report of all inspections, check rides and audits. A copy of these reports shall be maintained by the division for ten years.

(6) The division shall send a renewal letter to the Third-party Tester indicating any problems, concerns or violations found during the audit with an action plan detailing how to correct the items identified.

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-10 Notification of Accident

If any Third-party Examiner is involved in an accident during the course of administering a skills test, the Examiner shall notify the division in writing within five days of the accident. The Third-party Examiner shall submit to the division a copy of the investigating law enforcement officer's accident report as soon as it is available.

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-11 Advertising

(1) No advertisement shall indicate in any way that a program can issue or guarantee the issuance of a CDL, or imply that the program can in any way influence the division in the issuance of a CDL, or imply that preferential or advantageous treatment from the division can be obtained.

(2) No Third-party Tester or Third-party Examiner shall solicit business directly or indirectly, or display or distribute any advertising material within 1,500 feet of a building in which driver licenses are issued to the public.

(3) No Third-party Tester or Third-party Examiner shall use any department or division logos, letterhead, or license recreations as part of their advertising.

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-12 Grounds for Revocation, Probation or Denial to Issue or Renew Third-party Tester or Third-party Examiner Certification

(1) A Third-party Tester or Third-party Examiner may be revoked, denied or placed on probation for any of the following reasons:

(a) failure to comply with any of the provisions of 49 CFR 383.75;

(b) failure to comply with any of the provisions of Section 53-3-407;

(d) falsification of any records or other required information relating to the Third-party Tester program;

(e) commission of any act that compromises the integrity of the Third-party Tester Program Commercial Motor Vehicle Safety Act, 1986;

(f) failure to permit and cooperate with the division or federal representative to inspect the testing routes, testing sites or score sheets issued to the Third-party Tester; and

(g) conviction of any crime involving dishonesty, deception, theft, or an act involving moral turpitude by a Third- party Tester or Third-party Examiner.

(2) In determining whether revocation, denial or probation of a certification is appropriate, the division shall consider the third-party tester or third-party examiners involvement and severity of the violation(s).

(3) If a Third-party Examiner certificate is revoked under the emergency provisions of Section 63G-4-502, and the Third-party Tester certificate is valid, the Third-party Tester may continue conducting CDL driving skills tests provided:

(a) the Third-party Examiner is no longer employed by the Third-party Tester;

(b) a Third-party Examiner with a valid certificate is employed by the Third-party Tester;

(d) the Third-party Tester is found to not knowingly have allowed a Third-party Examiner to conduct tests that violate state or federal laws, or any provision of R708-21.

(4) Following cancellation of the Third-party Tester certification, the Third-party Tester shall promptly return all CDL skills test documents. Documentation includes at a minimum:

(a) CDL Examiner manual;

(b) used and blank score sheets; and

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

Utah Admin. Code R708-21-13 Adjudicative Proceedings

(1) All adjudicative proceedings shall be conducted informally as provided in Section 63G-4-202.

(2) The division shall initiate agency action against a Third-party Tester or Third-party Examiner with a notice of agency action in accordance with Section 63G-4-201.

(3)(a) A Third-party Tester or Third-party Examiner who receives a notice of agency action indicating that the division intends to deny, suspend or revoke a permit or a certificate, may request a hearing by filing a written request for hearing with the division within ten calendar days from the date of the notice of agency action.

(b) If a timely request for hearing is filed, the agency action shall be stayed until the division's hearing officer issues a written decision.

(c) A hearing shall be held before the division's hearing officer within 30 calendar days of the day that the division receives the written request for hearing, unless agreed to by the parties.

(d) At the hearing, Third-party Tester or Third-party Examiner shall have an opportunity to demonstrate why the division should not take agency action.

(e) The hearing officer shall issue a written decision within ten business days of the hearing in accordance with Section 63G-4-203.

(4) The written decision of the hearing officer shall constitute final agency action and is subject to judicial review in accordance with Section 63G-4-402.

History

KEY: motor vehicle safety, inspections
Date of Last Change: August 8, 2013
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75

R708-22 Commercial Driver License Administrative Proceedings

Utah Admin. Code R708-22-1 Purpose

This rule establishes procedures used by the Driver License Division regarding administrative proceedings for commercial driver licenses.

History

KEY: administrative proceedings
Date of Last Change: July 23, 2024
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 63G-4-102; 63G-4-202; 63G-4-203

Utah Admin. Code R708-22-2 Authority

This rule is authorized by Sections 63G-4-202 and 63G-4-203.

History

KEY: administrative proceedings
Date of Last Change: July 23, 2024
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 63G-4-102; 63G-4-202; 63G-4-203

Utah Admin. Code R708-22-3 Commercial Driver License Administrative Proceedings

(1) In compliance with Section 63G-4-202, the division has designated any division proceeding as informal.

(2) A division supervisor may convert any informal proceeding to a formal proceeding if the conversion will promote efficiency, public safety, and not unreasonably increase cost.

(3) An individual may represent themselves or be represented by a Utah state licensed attorney in the adjudicative proceeding.

(4) The division shall conduct administrative proceedings under Subsection (1) as specified in Rules R708-14 and R708-35.

History

KEY: administrative proceedings
Date of Last Change: July 23, 2024
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 63G-4-102; 63G-4-202; 63G-4-203

R708-24 Renewal of a Commercial Driver License (CDL)

Utah Admin. Code R708-24-1 Authority

This rule is promulgated pursuant to Section 53-3-104.

History

KEY: licensing
Date of Last Change: July 17, 1995
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104

Utah Admin. Code R708-24-2 Procedure for Renewal of a CDL

(1) When applying for a CDL renewal, or limited-term CDL, applicants shall use the same procedure used to obtain an original CDL. The applicant shall comply with Sections 53-3-105, 53-3-407, and 49 CFR 383 and 391.

(2) All knowledge tests and/or skills tests will be waived by the Driver License Division except:

(a) the hazardous materials knowledge test which is required by 49 CFR 383.73;

(b) when changes in an applicant's medical condition may require further testing/evaluation;

(c) if there are factors, including lack of knowledge, which indicate the applicant may have an inability to operate commercial vehicles in a reasonable, prudent and safe manner.

(3) Applicants whose CDL has expired for a period of more than six months, or whose driving privileges are disqualified, suspended, or revoked, are required to complete appropriate knowledge and skills tests.

(4) Applicants shall comply with Federal Highway Administration requirements contained in 49 CFR 383.71, 383.73 and 391.

History

KEY: licensing
Date of Last Change: July 17, 1995
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104

R708-26 Learner Permit Rule

Utah Admin. Code R708-26-1 Purpose

The purpose of this rule is to set forth the restrictions to be imposed on a person driving a motor vehicle with a learner's permit.

History

KEY: learner permit
Date of Last Change: May 27, 2022
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-210.5

Utah Admin. Code R708-26-2 Authority

This rule is authorized by Subsection 53-3-104(1)(d).

History

KEY: learner permit
Date of Last Change: May 27, 2022
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-210.5

Utah Admin. Code R708-26-3 Definitions

"Learner permit" means a temporary restricted driving permit issued by the Driver License Division to a qualified person who has not finished the requirements to obtain a full driving privilege.

History

KEY: learner permit
Date of Last Change: May 27, 2022
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-210.5

Utah Admin. Code R708-26-4 Restrictions

The restrictions set forth in Section 53-3-210.5 for a driver holding a learner permit shall be printed on the permit along with any other restrictions deemed necessary by the Driver License Division.

History

KEY: learner permit
Date of Last Change: May 27, 2022
Notice of Continuation: January 17, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-210.5

R708-27 Certification and Requirements of Driver Education Teachers in the Public Schools to Administer Knowledge and Driving Skills Tests

Utah Admin. Code R708-27-1 Purpose

The purpose of this rule is to establish standards and procedures to certify teachers of driver education classes in the public schools to administer knowledge and driving skills tests.

History

KEY: driver education, teacher certification
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53G-10-507

Utah Admin. Code R708-27-2 Authority

This rule is authorized by Section 53G-10-507.

History

KEY: driver education, teacher certification
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53G-10-507

Utah Admin. Code R708-27-3 Definitions

(1) Terms in this rule are defined in Section 53-3-102.

(2) In addition:

(a) "act of moral turpitude" means conduct that:

(i) is done knowingly contrary to justice, honesty or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another property;

(b) "cancellation" means the certification is void;

(c) "certification" means the process that public education teachers of driver education are certified by the Driver License Division to administer knowledge and driving skills tests;

(d) "DEMS" means the Driver Education Management System, the division's official record keeping program;

(e) "division" means the Driver License Division of the Utah Department of Public Safety;

(f) "suspension" means that a teacher's certification is currently void but may be reinstated when the teacher follows a division-approved plan and complies with reinstatement procedures;

(g) "teacher" means a teacher of driver education classes in the public schools of the state;

(h) "test" means a division approved knowledge test or driving skills test as approved by the division; and

(i) "USOE" means the State Office of Education.

History

KEY: driver education, teacher certification
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53G-10-507

Utah Admin. Code R708-27-4 Certification Procedures

(1) Each teacher seeking certification shall apply to the USOE.

(2) The USOE representative shall notify the division when teachers have applied for certification and request access to DEMS by providing:

(a) the name of the teacher who is applying for certification;

(b) the locations where the teacher will be conducting driver education tests; and

(3) The division shall offer training to teachers concerning minimum standards that must be met in the administration and scoring of tests.

(4) The division may authorize and train personnel within the public schools to provide the training referenced in Section R708-27-4 to teachers applying for certification.

History

KEY: driver education, teacher certification
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53G-10-507

Utah Admin. Code R708-27-5 Requirements of Certified Driver Education Teachers, School, and the USOE

(1) The certified teacher shall:

(a) ensure each student has in their possession a valid learner permit issued by the division during each training lesson or while taking a driving skills test;

(b) only use written knowledge and driving skills tests that are developed as a standard by the division for first time driver license applicants;

(d) not allow students to retain copies of the test;

(e) conduct driving skills tests on streets, highways, and off-road courses only. No simulator testing may be substituted as part of the final test;

(f) only test students enrolled in a high school driver education program; and

(g) test students in accordance with this rule.

(2) The school shall retain records of each student's test results for four years.

(3) The school shall ensure students test results are accessible to the division upon request during normal school hours.

(8) The USOE shall be responsible for investigating and resolving complaints relating to testing under this program.

(9) The USOE shall provide annually, on or before September 30, to the division, a list of every active certified driver education teacher.

History

KEY: driver education, teacher certification
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53G-10-507

Utah Admin. Code R708-27-6 Submittal of Student Test Completion

(1) The certified teacher shall enter the test scores electronically into DEMS.

(2) The certified teacher shall ensure the record in DEMS includes:

(a) the student's full legal name;

(b) the student's date of birth;

(d) the name of the school;

(e) the school ID number;

(f) results of the knowledge test;

(g) the date the test was passed; and

(h) the name of the certified teacher who administered the test.

(3) The certified teacher shall update the record in DEMS with the driving skills test score and course completion date.

(4) The teacher shall ensure the updated record in DEMS includes the following:

(a) the student's name as it appears on the Utah learner permit;

(b) the learner permit number;

(d) the date the driving skills test was completed;

(e) the date the driver education course was completed; and

(f) the name of the certified teacher who administered the test.

History

KEY: driver education, teacher certification
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53G-10-507

Utah Admin. Code R708-27-7 Refusal to Certify, Grounds for Cancellation and Suspension of Certification

(1) The division may:

(a) refuse to certify a teacher; or

(b) following a notice of agency action, suspend, place on probation or refuse to certify a teacher.

(2) The division may suspend, place on probation or refuse issuance of certification for:

(b) failure to comply with this rule;

(d) providing false information in an application or form required by the division;

(e) conviction of a felony, or conviction of or reasonable grounds to believe a tester has committed an act of moral turpitude; or

(f) failure to appear for a hearing.

(3) The certification of a teacher shall be effective until canceled or suspended by the division.

(4) The USOE may initiate suspension or cancellation of a certification by providing the division with a written request.

(5) A proceeding to revoke, place on probation, or refuse to issue or renew a certification is designated as an informal adjudicative proceeding under Section 63G-4-202.

(6) A teacher who has had a certification suspended may not be eligible to reapply for a certification until six months have elapsed since the date of the suspension.

(7) The teacher shall submit an application for recertification.

(8) Upon receipt of a completed application, the division shall conduct a review process as established by the division director to determine eligibility for recertification.

(9) The division shall provide notice of final decision in writing to the teacher within 20 days of receipt of the completed application, required documentation, and fees.

(10) The teacher shall have an opportunity to request a hearing in writing within 20 days of receipt of the division's final decision when a request for reinstatement is denied.

(11) Any teacher who has had a certification suspended by the division two times may not be eligible to reapply for recertification.

(12) The division shall cancel the certification of teachers who are no longer employed as licensed public school teachers.

(13) Teachers who discontinue employment and later return to teach driver education shall submit a new application for a new certification and complete approved training.

History

KEY: driver education, teacher certification
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53G-10-507

Utah Admin. Code R708-27-8 Procedures Governing Informal Adjudicative Proceedings

(1) The division shall begin an action to revoke, place on probation, or refuse to issue or renew a certification by the issuance of notice of agency action that complies with Section 63G-4-20.

(2) The division may not require a response from the recipient to initiate action.

(3) The division shall grant an opportunity for a hearing on a revocation, probation or refusal to issue or renew a license when the division receives in writing a request for a hearing.

(4) The division shall send written notice of a hearing to the licensee or applicant at least 14 days before the date of the hearing.

(5) The division may not permit discovery before the hearing, either compulsory or voluntary, except that each party shall have access to information in the division's files, and to investigate information and materials not restricted by law.

(6) The division shall designate an individual or panel to conduct the hearing.

(7) The individual or panel conducting the hearing shall issue a written decision that constitutes final agency action within 20 days after the date of the close of the hearing, or after the failure of a party to appear for the hearing.

(8) The division shall ensure the final agency action states the:

(a) decision;

(b) reason for the decision;

(d) notice of right of judicial review under Section 63G-4-402; and

(f) time limits for filing an appeal to the appropriate district court.

History

KEY: driver education, teacher certification
Date of Last Change: August 21, 2025
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 53G-10-507

R708-30 Motorcycle Rider Training Schools

Utah Admin. Code R708-30-1 Purpose

The purpose of this rule is to assist the Driver License Division in administering the Motorcycle Rider Education Program set forth in Title 53, Chapter 3, Part 9, the Motorcycle Rider Education Act.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-2 Authority

This rule is authorized by Subsection 53-3-903(1)(b).

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-3 Definitions

(1) "Agreement" means a written agreement between the Driver License Division, and a school, institution, or individual to provide motorcycle rider training courses for beginner and experienced riders and courses for instructors.

(2) "Division" means the Driver License Division.

(3) "Practice riding" means that portion of instruction during which the student actually rides a motorcycle.

(4) "Program coordinator" means the division representative appointed to oversee and direct the Motorcycle Rider Education Program.

(5) "School" means an institution owned and operated by an individual, partnership or corporation, public or private, licensed to do business in the State of Utah, for the purpose of providing classroom and practical motorcycle rider training.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-4 Application

(1) An application for an original or renewal agreement shall be made on a form furnished by the division and shall include the following:

(a) name of the school;

(b) address of the school;

(d) addresses of all instruction sites.

(2) Upon receipt of the application, the division shall schedule an inspection of the school sites, equipment, instructional materials, course curriculum, class schedules, and shall determine eligibility of proposed instructors.

(3) Once the application has been completed and approved, the division and the school may enter into an agreement allowing the school to conduct motorcycle rider training.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-5 Agreement

(1) Once the school has executed an agreement with the division to provide training for beginner and experienced motorcycle riders, the school may begin to conduct motorcycle rider training.

(2) The agreement shall allow the school to provide training and instruction for motorcycle riders, but shall not allow the school to bind or obligate the division in any way to issue a motorcycle endorsement or license.

(3) Upon execution of the agreement, the school and all approved instructors will be placed on a list provided to all driver license offices. A certificate of approval will be mailed to the school and will indicate the expiration date of the agreement.

(4) The agreement shall expire on July 1 of each year. No later than three months prior to expiration of the agreement, the school may submit a renewal application to the division.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-6 Standards

(1) To be approved, a school shall meet the following standards:

(a) make application to and enter into an agreement with the division;

(b) maintain a place of business with at least one permanent occupied structure within the State;

(d) have at least one qualified and approved instructor;

(e) provide helmets, motorcycles and range equipment for practice riding;

(f) have emergency equipment readily available. The emergency equipment shall include an adequate fire extinguisher and a fully stocked, industrial-quality first-aid kit;

(g) have written procedures for responding to accidents, including emergency telephone numbers, and a telephone within easy access during any range training;

(h) furnish the division with written permission to use any facilities not owned or leased by the school. Specific days of use and intended use of the facilities must be indicated, e.g., days: Thursday, Saturday, Sunday, etc.; and uses: classroom instruction and operation of motorcycles on property;

(i) request approval from the division for any proposed changes in instructor or administrative procedures;

(j) make record of and report to the division within 48 hours any accident or injuries occurring during any instruction;

(k) provide rider training at remote sites only upon approval and/or at the request of the division;

(l) not engage the service of an employee of the division as an instructor, agent or employee of the school; and

(m) maintain for five years, and present upon request of the division, verification that all instructors are certified, and attendance and completion records are accurate.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-7 Certificate of Approval

Upon approval, the division will issue a certificate of approval to the school, each branch office, and/or mobile team. The certificate will be conspicuously displayed at all times in the school's permanent place of business and will be displayed during instruction at branch offices and mobile training sites.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-8 Inspections

(1) The division may:

(a) conduct random examinations, inspections, and audits without prior notice during normal business hours; and

(b) conduct on-site inspections annually and at any other time deemed necessary by the division.

(2) A person designated by the school shall accompany the division representative while performing on-site inspections. On-site inspections may include:

(a) ensuring that all requirements specified in this rule are met;

(b) examining school records;

(c) ensuring that practice riding procedures comply with criteria established by the Motorcycle Safety Foundation or another nationally recognized motorcycle safety instructor certifying body and the division; and

(d) reviewing any other items the division may deem necessary to ensure that all requirements specified in the agreement are met.

(3) Random checks may be made by any designated division representative to verify compliance with course instruction standards. Checks by the division may include:

(a) having a division representative take a course administered by the school; and

(b) having the division administer practical skills tests to a sample of riders who have completed the course of instruction presented by the school to determine if the results of the tests administered by the division are comparable to the results submitted by the school.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-9 Courses

(1) Course curriculum will be conducted in accordance with this rule. The division may provide supplemental instruction as necessary. Such instruction may include information on course content, practice riding, instructor and administrative procedures and/or changes.

(2) Courses shall be conducted at locations approved by the division.

(3) Courses shall be conducted using division approved content, forms, scoring procedures and equipment.

(4) Courses conducted by mobile teams at remote sites and branches shall be held to the same standards as required at permanent locations.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-10 Certificate of Course Completion

(1) The school will provide a certificate of course completion to verify rider competency and successful completion of the prescribed course of instruction.

(2) The certificate of course completion shall include the following:

(a) applicant's name;

(b) title of the course completed;

(d) authorized signature from the school.

(3) Upon completion of a beginner class from an approved school, the division may waive the practical skills portion of the application for motorcycle license or endorsement to a current driver license.

(4) Riders must submit to the division the certificate of course completion of a beginner class within six months of the date of course completion to be eligible for waiver of the practical skills test. The rider will be restricted based on the cc size of the motorcycle tested on. The instructor shall write the engine size in cc format on the certificate.

(5) Upon successful completion of the class from an approved school, the division may waive the two month motorcycle learner permit holding period for riders under the age of 19.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-11 Insurance Coverage

(1) The division shall obtain through a commercial insurance agency the required insurance coverage for all schools involved in providing motorcycle rider training.

(2) Each school shall submit to the division a list identifying all motorcycles used for instruction purposes.

(3) Motorcycles used by the schools for instruction purposes shall be covered by insurance obtained by the division and will be used only in approved rider training courses and only on division approved ranges.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-12 Instructors

(1) Instructors approved by the division to conduct motorcycle rider training shall:

(a) furnish proof of completed training and certification provided by the Motorcycle Safety Foundation or another nationally recognized motorcycle safety instruction certifying organization;

(b) instruct only those classes which have been approved by the division;

(c) instruct only those students who are at least 16 years of age and have completed an approved driver education course;

(d) except as set forth in paragraph two of this section, have a valid Utah driver license with motorcycle endorsement;

(e) have a high school diploma or its equivalent;

(f) be at least 18 years of age;

(g) have at least two years of recent motorcycle riding experience;

(h) possess valid Red Cross standard first-aid and CPR cards, or their equivalent; and

(i) manifest safe riding habits whenever riding.

(2) The requirement for a Utah drive license may be waived by the division if the instructor is assigned as active duty military to an installation in Utah.

(3) Instructors are encouraged to wear all protective gear every time they ride. Protective gear includes helmet and eye protection, over-the-ankle footwear (not cloth, canvas, etc.), long non-flare denim pants or material of equivalent durability, long-sleeved shirt or jacket, and full-fingered gloves (preferably leather).

(4) The division shall refuse approval or will revoke approval if the applicant/instructor:

(a) no longer meets the requirements of this section;

(b) has had a driver license suspended or revoked during the preceding two years or within the preceding five years if the suspension or revocation was for an alcohol or drug related offense; or

(c) fails to successfully complete an instructor course or required course updates, or fails to teach at least two rider training classes per year, one of which must be as the lead instructor. An exception to this requirement may be granted if written justification for not meeting the teaching requirements is submitted by the instructor and is approved/accepted by the division.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-13 Advertisement

(1) No school advertisement may:

(a) indicate in any way that a program can issue or guarantee the issuance of a motorcycle license or endorsement;

(b) imply that a program can in any way influence the division in the issuance of a motorcycle license or endorsement; or

(2) No instructor, employee or agent of a school may be permitted to advertise or solicit business or cause business to be solicited in its behalf, or display or distribute any advertising material within 1500 feet of a location rented, leased, or owned by the division.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

Utah Admin. Code R708-30-14 Revocation

(1) In accordance with Subsection 63G-4-202(1), the division designates all adjudicative proceedings associated with this rule as informal adjudicative proceedings.

(2) The division shall deny approval of an application for a school or an instructor if the applicant does not qualify for approval under provisions of this rule.

(3) The division may deny approval or revoke approval of a school or instructor for any of the following reasons:

(a) failure to comply with any provision of this rule or the school's agreement;

(b) falsification of any records or information relating to the school's instruction program;

(d) failure to notify the division within ten days of any change in instructor personnel or testing locations;

(e) notification that an instructor's driver license is suspended, revoked, canceled or disqualified; or

(f) misstatements or misrepresentation on the application.

(4) If the division determines that reasons for revocation exist because of failure to comply with any provision of this rule or the school's agreement, the division may postpone revocation and allow the school or instructor up to thirty (30) days to correct the deficiency.

(5) A school or instructor who receives notice that the division intends to revoke their approval is entitled to a hearing. The hearing will be conducted by a person appointed by the division director.

(a) The party requesting the hearing must file the request for hearing within ten days from the date notice of the division's intent to revoke is received.

(b) The person conducting the hearing will issue a written decision that complies with Subsection 63G-4-203(1)(i) within ten days following the hearing.

(6) The decision of the person conducting the hearing will be considered final agency action. A party wishing to contest the decision may:

(a) file a request for reconsideration with the division in accordance with Section 63G-4-302; or

(b) seek judicial review in accordance with Section 63G-4-401.

(7) Reinstatement following revocation of approval may take place only after:

(a) a new application for approval is filed;

(b) the division is satisfied that the reason for revocation no longer exists; and

(c) the division is satisfied that approval of the school or instructor is in the best interests of the public and will not jeopardize public safety.

History

KEY: motorcycle rider training schools
Date of Last Change: July 11, 2008
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-903

R708-31 Ignition Interlock Systems

Utah Admin. Code R708-31-1 Purpose

The purpose of this rule is to provide standards and requirements for certifying ignition interlock systems and manufacturer performance standards.

History

KEY: ignition interlock systems
Date of Last Change: March 12, 2024
Notice of Continuation: March 15, 2019
Authorizing, and Implemented or Interpreted Law: 41-6a-518; 53-3-1001

Utah Admin. Code R708-31-2 Authority

This rule is authorized by Section 41-6a-518.

History

KEY: ignition interlock systems
Date of Last Change: March 12, 2024
Notice of Continuation: March 15, 2019
Authorizing, and Implemented or Interpreted Law: 41-6a-518; 53-3-1001

Utah Admin. Code R708-31-3 Definitions

(1) Terms used in this rule are defined in Sections 41-6a-518, 53-3-102, 53-3-1002 and R708-48-3.

(2) In addition:

(a) "calibration" means the process of testing and adjusting an ignition interlock system by using a dry gas standard to ensure the accuracy of the breath test result;

(b) "camera" means a feature of the system that captures a digital image of the individual submitting to the breath test;

(d) "circumvention" means bypassing the correct operation of the system to allow starting or operating the vehicle without a passing breath test;

(e) "department" means the Department of Public Safety;

(f) "division" means the Driver License Division;

(g) "handset" means the component of the system that receives the breath sample;

(h) "independent lab" means a testing laboratory not affiliated with a manufacturer and is accredited to the ISO-17025 Laboratory Standards;

(i) "ISO-17025 Laboratory Management Standard" means an international operating standard for which labs must hold accreditation to be considered technically competent;

(j) "ISO-9001 Quality Management Standard" means an international operating standard for which an organization may hold certification to show they have met the criteria for quality management principles;

(k) "manufacturer" means an entity responsible for the design, development, production, and repair of a system;

(l) "manufacturer representative" means an individual designated by the manufacturer as the contact for the division;

(m) "monitoring" means the calibration and maintenance of the system to ensure proper function and use, and the downloading of any captured data from the system;

(n) "NHTSA" means the National Highway Traffic Safety Administration;

(o) "relay" means a control box or communication device of the system that logs events sends data, and allows or prevents the vehicle from starting or operating;

(p) "retest" means an additional required breath test;

(q) "system" means an ignition interlock system; and

(r) "tampering" means to physically disable, disconnect, adjust, or otherwise alter the proper operation of a system, and does not include the removal of a system by an ignition interlock installer licensed by the division if the removal is reported to the division as required.

History

KEY: ignition interlock systems
Date of Last Change: March 12, 2024
Notice of Continuation: March 15, 2019
Authorizing, and Implemented or Interpreted Law: 41-6a-518; 53-3-1001

Utah Admin. Code R708-31-4 Standards for Certification

(1) An applicant shall complete an application packet for certification of a system in writing and mail it to the division at Box 144501, Salt Lake City, Utah 84114.

(2) The application packet under Subsection (1) shall include:

(a) an application provided by the division;

(b) a certification for each system from an independent lab accredited to the ISO-17025 Laboratory Management Standard that includes:

(i) a description of the tests run on each system;

(ii) test results dated after May 8, 2014;

(iii) a signature of an employee authorized by the lab that certifies the accuracy of the reported results; and

(iv) verification the test results show the system meets or exceeds the standards in:

(A) the NHTSA model specifications for breath alcohol ignition interlock devices (BAIID), 78 FR 26849-26867, May 8, 2013, which are incorporated by reference;

(B) this rule; and

(c) a certification the systems are manufactured in a facility that is accredited to the ISO 9001 Quality Management System; and

(d) the operator's manual, users guide, and maintenance manual for each certified system.

(3) The division shall reject any incomplete application packet.

(4) The manufacturer of a system shall bear any costs of that system 's certification.

History

KEY: ignition interlock systems
Date of Last Change: March 12, 2024
Notice of Continuation: March 15, 2019
Authorizing, and Implemented or Interpreted Law: 41-6a-518; 53-3-1001

Utah Admin. Code R708-31-5 Minimum System Requirements

(1) For each system submitted for certification the manufacturer shall include:

(a) a system that will record at a minimum:

(i) each start attempt and outcome including override if applicable;

(ii) a description and results of calibration checks;

(iii) any attempts at circumvention;

(iv) any attempts at tampering;

(v) the breath alcohol content for each start attempt;

(vi) the date and time of each attempt; and

(vii) chronological order of each entry; and

(b) a camera as outlined in Section R708-31-8.

(2) The manufacturer shall ensure:

(a) captured data is reported to the division in a manner described by the division;

(b) login credentials to access system data are provided to the division upon request and at no cost;

(d) additional reports requested by the division are provided in a format acceptable to and at no cost to the division.

(3) The division may:

(a) conduct testing on any systems submitted for certification. The manufacturer or provider shall provide at no cost at least one fully functional sample of each system upon request of the division; and

(b) in its discretion, retain systems provided regardless of whether the system is no longer the current version or model of that system.

(4) The division may also select any system in Utah to conduct testing according to Section R708-31-4.

(5) The division may require recertification of an existing certified system that has been modified.

(6)(a) The manufacturer shall notify the division not less than 30 days before implementation of any modification, upgrade, or alteration to any hardware of a system certified for use in this state.

(b) The notification shall include the following:

(i) a description and explanation of the modification, upgrade, or alteration and proof satisfactory to the division that these modifications, upgrades, or alterations do not adversely affect the ability of the system to satisfy the requirements of this rule and Section 41-6a-518; and

(ii) a comprehensive plan of action for the phasing out of the use of the current system.

(10) Each existing certified manufacturer shall obtain accreditation of the ISO 9001 Quality Management System no later than October 31, 2024.

(11)(a) Systems not meeting certification standards contained in this rule may not be used or installed in Utah after October 31, 2024.

(b) Systems in use before October 31, 2024 may remain in use until the next monitoring appointment that occurs after October 31, 2024.

History

KEY: ignition interlock systems
Date of Last Change: March 12, 2024
Notice of Continuation: March 15, 2019
Authorizing, and Implemented or Interpreted Law: 41-6a-518; 53-3-1001

Utah Admin. Code R708-31-6 List of Certified Systems

(1) The division shall maintain and post a list of certified systems on the division website.

(2) To be included on the approved list of certified systems under Subsection (1), each manufacturer shall:

(a) have a system that meets the certification standards in Section R708-31-4;

(b) provide the division with a representative photograph of each certified system;

(i) checking the calibration;

(ii) downloading the data;

(iii) maintenance;

(iv) checking for tampering; and

(v) any other information regarding quality assurance unique to the system;

(d) submit a detailed description of the system including:

(i) a signed test certificate with complete test results as identified in Section R708-31-4;

(ii) system serial numbers from the:

(A) relay; and

(B) handset;

(e)(i) provide a certificate of insurance, issued by an insurance company authorized to transact business in Utah;

(ii) provide an adequate product liability policy with a current effective date;

(iii) specify the name and model number of the systems covered by the policy;

(iv) maintain policy coverage of at least $1,000,000 per occurrence and 3,000,000 in whole;

(v) list the manufacturer as the insured and the Department of Public Safety, Driver License Division as an additional insured;

(vi) cover product liability coverage for defects in manufacture, materials, design, calibration, installation, and operation of the system; and

(vii) ensure the insurance company will notify the division immediately upon cancellation and at least 30 days before terminating product liability policy; and

(f) pay any applicable fees.

(3) Certification listed under this section shall expire:

(a) five years after the date of issuance; or

(b) upon changes or updates to the system including any hardware, or standards listed in Section R708-31-4.

(4) A manufacturer requesting a recertification or a renewal of a certification of a system shall submit:

(a) a new application and fee; and

(b) certification for each system showing compliance with the standards referenced in Section R708-31-4.

(5) The division may deny an application to renew a system certification or cancel an existing certification if there is pending action against the manufacturer, manufacturer representative, or provider for any violation of this rule, Rule R708-48, or Sections 53-3-1001 through 53-3-1008.

(6) A manufacturer who fails to maintain the standards in this rule will result in loss of certification of their system and removal from the approved list of certified systems.

(7) The division will approve or deny the certification and notify the applicant within 30 days of the determination.

History

KEY: ignition interlock systems
Date of Last Change: March 12, 2024
Notice of Continuation: March 15, 2019
Authorizing, and Implemented or Interpreted Law: 41-6a-518; 53-3-1001

Utah Admin. Code R708-31-7 Manufacturer Performance Standards

A manufacturer shall:

(1) designate a manufacturer representative as a contact person for the division;

(2) notify the division in writing of:

(a) a change in manufacturer representative within seven days of the change;

(b) any recalls, defects, or system issues that would result in the system no longer meeting the standards in Section R708-31-4;

(c) any system or model presenting a public safety risk, or five or more failures of an installed system in any 12 month period; and

(d) a certification, license, or authorization to manufacture ignition interlock devices that has been denied, canceled, suspended, revoked or any similar action in any jurisdiction outside of Utah within 30 days of receiving the notice of the action;

(3) not allow programming or modification of system features to be made by installers;

(4) make any data captured through the system or camera readily available to the division;

(5) agree to ensure proper record keeping in a format approved by the division;

(6) provide testimony, at no cost to, and on behalf of the state or a political subdivision of the state relating to;

(a) any aspect of the installation, monitoring, repair, use, or removal, of a system;

(b) interpretation of any report or information recorded in the data storage system of a system; and

(7) upon the request of the division, for each model approved by the division, provide a total of not less than 10 hours of training to division employees at no cost to this state that shall:

(a) be held at times and locations within the state designated by the division;

(b) familiarize division employees with the installation, operation, monitoring, repair, and removal of the system; and

History

KEY: ignition interlock systems
Date of Last Change: March 12, 2024
Notice of Continuation: March 15, 2019
Authorizing, and Implemented or Interpreted Law: 41-6a-518; 53-3-1001

Utah Admin. Code R708-31-8 Camera Requirements

(1) A manufacturer submitting a system for certification shall ensure cameras installed on a system shall:

(a) not impede the field of vision for the safe and legal operation of the vehicle;

(b) not pose a threat to the driver or passengers of the vehicle in the event of dislodgement;

(d) capture images of the individual conducting the breath alcohol test for the following:

(i) successful completion of the initial breath test sample;

(ii) successful completion of any retest breath test sample;

(iii) unsuccessful delivery of the initial breath test sample;

(iv) unsuccessful delivery of any retest breath test sample; and

(v) high breath alcohol test results;

(e) capture identifiable images in any lighting condition; and

(f) incorporate tamper detection features that include:

(i) covering, blocking, or coating of the lens to distort the image;

(ii) repositioning of the field of view so that it no longer is aimed at the driver; and

(iii) disconnection from communication or power from the system.

(2) Images taken by the camera shall be stored by the manufacturer with the:

(a) date and time of the image capture;

(b) results of each breath test; and

(i) relay; and

(ii) handset.

(3) A manufacturer shall have data readily available to the division upon request.

(4) A system shall be decertified by the division if the system is not equipped with a camera by October 31, 2024.

History

KEY: ignition interlock systems
Date of Last Change: March 12, 2024
Notice of Continuation: March 15, 2019
Authorizing, and Implemented or Interpreted Law: 41-6a-518; 53-3-1001

Utah Admin. Code R708-31-9 Grounds for Refusal to Certify or Revocation of Certification

(1) The division may refuse to certify or may revoke an existing certification for any of the following reasons:

(a) failure to comply with:

(i) Title 53, Chapter 3, Part 10, Ignition Interlock System Program Act;

(ii) Section 41-6a-518;

(iii) Title 13, Commerce and Trade; or

(iv) this rule or any other rule of the Department of Public Safety;

(b) any omission, false statement, or any falsification, with or without intent or knowledge of:

(i) an application; or

(ii) any records or other required information relating to Title 53, Chapter 3, Part 10, Ignition Interlock System Program Act;

(c) interference or failure to permit the division or its representatives to inspect records or any data collected from the camera or system;

(d) a defect in the design, materials, or workmanship causing the system to fail to function as intended;

(e) notification of the denial, cancellation, or revocation of certification from another state;

(f) false, incomplete, or inaccurate information provided by the manufacturer, manufacturer representative, or independent laboratory;

(g) modification of the components or design of the system or modification that causes the system to no longer satisfy the standards in Section R708-31-4;

(h) the system fails the compliance testing conducted by the division;

(i) the system fails to meet the requirements for certification or is no longer in compliance with the requirements in this rule;

(j) a manufacturer's liability insurance coverage is terminated, canceled, or expired;

(k) the manufacturer, manufacturer representative, provider, or installer fails to submit any reports in accordance with any reporting requirement; or

(l) false or inaccurate information provided by the manufacturer, manufacturer representative, or independent laboratory relating to the performance, reliability, function, or capabilities of the system.

(2) The division shall forward the notice and order of revocation of the certification of a system to the manufacturer representative and ensure the notice and order of revocation specifies the basis for the revocation.

(3) A manufacturer of a previously decertified system may apply to have the system certified in accordance with this rule if changes to equipment, procedures, or practice correcting the violation are submitted in writing to the division.

(4) The division will not consider certification of a system from a manufacturer that fails to comply with this subsection.

History

KEY: ignition interlock systems
Date of Last Change: March 12, 2024
Notice of Continuation: March 15, 2019
Authorizing, and Implemented or Interpreted Law: 41-6a-518; 53-3-1001

Utah Admin. Code R708-31-10 Procedures Governing Informal Adjudicative Proceedings

(1) The division shall notify a manufacturer representative in writing of the decision to refuse to certify a system.

(2) The division shall begin an action to revoke the certification of a system by the issuance of a notice of agency action and ensure the notice of agency action complies with Section 63G-4-201.

(3) The manufacturer does not need to respond to the notice of agency action.

(4) The manufacturer may send a written request for a hearing within ten days of the letter refusing to certify a system, or to revoke a system certification to the division, in accordance with Subsection 63G-4-201(3).

(5) The division shall grant a hearing when the division receives a request, in writing, within ten calendar days from the date the notice of failure to certify or notice of agency action is issued.

(6) The division shall send written notice of a hearing at least 14 calendar days before the date of the hearing.

(7) The division may not allow discovery, either compulsory or voluntary, before the hearing except that each party shall have access to information in the division's files to the extent permitted by law, and to investigative information and materials not restricted by law.

(8) A hearing officer shall hold a hearing within 30 calendar days from the day that the division receives the written request for hearing, unless agreed to by the parties;

(9) The division shall issue a written decision that shall constitute final agency action within 20 days after the date of the close of the hearing, or after the failure of a party to appear for the hearing.

(10) The division shall ensure the written decision states the reason for the decision, notice of right to request reconsideration under Section 63G-4-302, notice of right of judicial review under Section 63G-4-402, and the time limits for filing an appeal to the appropriate district court.

History

KEY: ignition interlock systems
Date of Last Change: March 12, 2024
Notice of Continuation: March 15, 2019
Authorizing, and Implemented or Interpreted Law: 41-6a-518; 53-3-1001

R708-32 Uninsured Motorist Identification Database

Utah Admin. Code R708-32-1 Purpose

The purpose of this rule is to establish procedures for administering and enforcing the uninsured motorist identification database program in accordance with Subsection 41-12a-803.

History

KEY: uninsured motorist database
Date of Last Change: June 7, 2023
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 41-12a-803; 31A-22-315.5

Utah Admin. Code R708-32-2 Authority

This rule is authorized by 41-12a-803.

History

KEY: uninsured motorist database
Date of Last Change: June 7, 2023
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 41-12a-803; 31A-22-315.5

Utah Admin. Code R708-32-3 Definitions

Definitions in this rule are found in Section 41-12a-802.

History

KEY: uninsured motorist database
Date of Last Change: June 7, 2023
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 41-12a-803; 31A-22-315.5

Utah Admin. Code R708-32-4 Access

In accordance with Section 41-12a-803, insurance information will be provided only to authorized personnel of:

(1) federal, state and local governmental agencies who have access through the Utah Criminal Justice Information System to Driver License and Motor Vehicle Division's computer information for law enforcement purposes;

(2) financial institutions, as defined in Section 7-1-103, for the purpose of protecting a bona fide security interest in a motor vehicle;

(3) the Driver License Division for the purpose of verifying automobile insurance coverage as authorized by the Division Director; and

(4) the Department of Motor Vehicle for the purpose of verifying automobile insurance coverage.

History

KEY: uninsured motorist database
Date of Last Change: June 7, 2023
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 41-12a-803; 31A-22-315.5

Utah Admin. Code R708-32-5 Insurance Information

(1) The insurance response may be retrieved from the uninsured motorist database or from a web service inquiry to insurance companies, whichever provides the most current and accurate information.

(2) Authorized personnel seeking information from this database will be limited to receiving responses which are adopted and incorporated within this rule by reference and are referred to in a document entitled, "Uninsured Motorist Database Query Responses".

(3) The Driver License Division, Utah Department of Public Safety, shall make available to authorized personnel for review and inspection at the division office, 4315 South 2700 West, Taylorsville, Utah 84129-2122 a copy of the "Uninsured Motorist Database Query Responses" document. Copies may be obtained in person or by written request to the Driver License Division Financial Responsibility Section at P.O. Box 144501, Salt Lake City, Utah 84114-4501.

History

KEY: uninsured motorist database
Date of Last Change: June 7, 2023
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 41-12a-803; 31A-22-315.5

R708-34 Medical Waivers for Intrastate Commercial Driving Privileges

Utah Admin. Code R708-34-1 Purpose

A person who desires to obtain an interstate commercial driver license must meet the minimum federal fitness standards dealing with physical, mental, and emotional health set forth in Part 391 of the Federal Motor Carrier Safety Regulations. As authorized by Section 53-3-303.5, compliance with those standards can be waived for a person who (a) desires to obtain commercial driving privileges for intrastate driving only, and (b) meets minimum state fitness standards. This rule sets forth the procedure whereby a person may apply for a waiver, and also for the Driver License Division to respond to waiver requests.

History

KEY: intrastate driver license waivers
Date of Last Change: December 4, 2001
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 53-3-303.5

Utah Admin. Code R708-34-2 Authority

This rule is authorized by Subsection 63G-3-201(2) and Section 53-3-303.5.

History

KEY: intrastate driver license waivers
Date of Last Change: December 4, 2001
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 53-3-303.5

Utah Admin. Code R708-34-3 Definitions

(1) "Board" means the Driver License Medical Advisory Board.

(2) "Commercial driving privileges" means the privilege given to any licensed operator of a motor vehicle who must be in compliance with Federal Fitness Standards for the purpose of transporting commerce in vehicles with a gross vehicle weight of at least 10,000 to 26,000 pounds or over, with or without a commercial driver license.

(3) "Department" means the Utah Department of Public Safety.

(4) "Division" means the Driver License Division.

(5) "Fitness standards" means standards set forth by the board for determining the physical, mental and emotional capabilities appropriate for issuance of intrastate commercial driver licenses.

(6) "Waiver" means approval granted by the division allowing a driver to drive commercial vehicles intrastate even though the driver does not meet the minimum federal fitness standards to drive commercial vehicles interstate.

(7) "Medical Waiver Card" means a card issued by the Driver License Division to verify the driver has met minimum state fitness standards to qualify for intrastate commercial driving privileges.

History

KEY: intrastate driver license waivers
Date of Last Change: December 4, 2001
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 53-3-303.5

Utah Admin. Code R708-34-4 Requesting a Waiver

Drivers desiring an intrastate commercial driving privilege waiver shall:

(a) request a waiver application from the Driver License Division, Medical Waiver Program Coordinator, P.O. Box 144501, Salt Lake City, UT 84114-4501;

(b) submit to the division for approval a waiver application with a current Functional Ability Evaluation Medical Certificate Report and Certificate of Visual Examination, as required, and a non-refundable check or money order payable to the Utah Department of Public Safety for the waiver processing fee;

(c) take a letter received from the division granting the waiver to any commercial driver license office and apply for an intrastate commercial driving privilege with appropriate endorsements and/or restrictions; and

(d) pay applicable waiver fees, and when necessary, take appropriate written and skills tests to obtain the desired driving privilege.

History

KEY: intrastate driver license waivers
Date of Last Change: December 4, 2001
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 53-3-303.5

Utah Admin. Code R708-34-5 Obligation of Drivers Possessing Waivers

Drivers possessing waivers must comply with division instructions requesting periodic updated medical information including submission of a Functional Ability Evaluation Medical Report, a Certificate of Visual Examination, and a non-refundable check or money order payable to the Department. Non-compliance with division instructions may result in the denial of commercial driving privileges.

History

KEY: intrastate driver license waivers
Date of Last Change: December 4, 2001
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 53-3-303.5

Utah Admin. Code R708-34-6 Driver License Medical Advisory Board Responsibilities

The board shall:

(a) establish fitness standards for issuing intrastate commercial driver licenses under Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act; and

(b) review waiver applications when necessary and make recommendations to the division director.

History

KEY: intrastate driver license waivers
Date of Last Change: December 4, 2001
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 53-3-303.5

Utah Admin. Code R708-34-7 Driver License Division Responsibilities

(1) The division shall provide information and guidance to waiver applicants and shall process all waiver applications.

(2) The division shall coordinate with and provide information to the board concerning waiver applications and shall issue a letter approving or disapproving a waiver after consideration of the board's recommendation.

(3) The division shall issue a medical waiver card which the applicant must carry while driving intrastate.

History

KEY: intrastate driver license waivers
Date of Last Change: December 4, 2001
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 53-3-303.5

Utah Admin. Code R708-34-8 Adjudicative Proceedings

(1) In accordance with Subsection 63G-4-202(1) all adjudicative proceedings herein shall be conducted informally.

(2) A driver whose waiver application is denied, or whose waiver application is granted with restrictions that are unacceptable to the driver, may make a request for administrative review in accordance with Subsection 53-3-303(10) and for judicial review in accordance with Subsection 53-3-303(11).

History

KEY: intrastate driver license waivers
Date of Last Change: December 4, 2001
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 53-3-303.5

R708-35 Adjudicative Proceedings For Driver License Offenses Not Involving Alcohol or Drug Actions

Utah Admin. Code R708-35-1 Purpose

This rule establishes procedures used by the Driver License Division for non-alcohol or drug adjudicative proceedings.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-12a-303.2; 41-12-503, 41-12a-511; 53-3-209; 53-3-220; 53-3-221; 53-3-221(6)(v); 53-3-229; 53-3-1007(2)(b); 53-3-1007(2)(c); 63G-4-203(1)

Utah Admin. Code R708-35-2 Authority

This rule is authorized by Subsections 63G-4-203(1) and 53-3-221(6)(v).

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-12a-303.2; 41-12-503, 41-12a-511; 53-3-209; 53-3-220; 53-3-221; 53-3-221(6)(v); 53-3-229; 53-3-1007(2)(b); 53-3-1007(2)(c); 63G-4-203(1)

Utah Admin. Code R708-35-3 Definitions

(1) Terms used in this rule are defined in Sections 63G-4-103 and 53-3-102.

(2) In addition:

(a) "division record" means the entire division file, including written reports received or generated by the division. It also includes minutes, written comments, hearing officer's written statements and summaries, testimony, evidence, findings of fact, conclusions of law, recommendations, and orders;

(b) "hearing" means a non-alcohol or drug adjudicative proceeding where evidence is considered to determine an issue of fact and to adjudicate a legal right or privilege;

(d) "record" means to document, by electronic or other means, the testimony or information presented at a adjudicative proceeding; and

(e) "serious violation" means a single violation determined by the division to require immediate remedial action.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-12a-303.2; 41-12-503, 41-12a-511; 53-3-209; 53-3-220; 53-3-221; 53-3-221(6)(v); 53-3-229; 53-3-1007(2)(b); 53-3-1007(2)(c); 63G-4-203(1)

Utah Admin. Code R708-35-4 Designations

(1) In compliance with Section 63G-4-202, the division has designated any division non-alcohol or drug adjudicative proceeding as informal.

(2) A division supervisor may convert an informal proceeding to a formal proceeding if the conversion will promote efficiency, public safety, and not unreasonably increase cost.

(3) The driver may represent themselves or be represented by a Utah state licensed attorney in the adjudicative proceeding.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-12a-303.2; 41-12-503, 41-12a-511; 53-3-209; 53-3-220; 53-3-221; 53-3-221(6)(v); 53-3-229; 53-3-1007(2)(b); 53-3-1007(2)(c); 63G-4-203(1)

Utah Admin. Code R708-35-5 Authority for Conducting Adjudicative Proceedings

Non-alcohol or drug adjudicative proceedings will be conducted by the division in accordance with Sections 53-3-221, 63G-4-203, and this rule.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-12a-303.2; 41-12-503, 41-12a-511; 53-3-209; 53-3-220; 53-3-221; 53-3-221(6)(v); 53-3-229; 53-3-1007(2)(b); 53-3-1007(2)(c); 63G-4-203(1)

Utah Admin. Code R708-35-6 Initiating an Adjudicative Proceeding

(1) Adjudicative proceedings under this rule may begin by:

(a) a notice of division action, signed by the division director, if the proceeding is initiated by the division; or

(b) a request for division action, if the proceeding is initiated by a person other than the division.

(3) In addition to the information in Subsection 63G-4-201(3)(a), a petitioner's request for division action shall include the petitioner's:

(a) full name;

(b) date of birth; and

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-12a-303.2; 41-12-503, 41-12a-511; 53-3-209; 53-3-220; 53-3-221; 53-3-221(6)(v); 53-3-229; 53-3-1007(2)(b); 53-3-1007(2)(c); 63G-4-203(1)

Utah Admin. Code R708-35-7 Adjudicative Proceedings Not Involving Alcohol or Drugs

The non-alcohol or drug adjudicative proceedings conducted by the division deal with the following types of hearings:

(1) point system, Sections 53-3-209 and 53-3-221;

(2) financial responsibility, Sections 41-12a-303.2, 41-12a-503, 41-12a-511, and 53-3-221;

(3) caused or contributed to an accident resulting in injury, death, or serious property damage, Section 53-3-221;

(4) serious violation, Section 53-3-221;

(5) unlawful use of a license, Section 53-3-229;

(6) fraudulent application, Section 53-3-229;

(7) failure to appear or comply, Section 53-3-221;

(8) review examination request, Subsection 53-3-221(11);

(9) driving during denial, suspension, revocation, or disqualification, Subsection 53-3-220(2);

(10) leaving the scene of an accident, Section 53-3-221 serious violation;

(11) limited license, Subsection 53-3-220(4)(a);

(12) attempting to start a vehicle with a measurable amount of breath alcohol, Subsection 53-3-1007(2)(b); and

(13) failing to report for maintenance of an ignition interlock system, Subsection 53-3-1007(2)(c).

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-12a-303.2; 41-12-503, 41-12a-511; 53-3-209; 53-3-220; 53-3-221; 53-3-221(6)(v); 53-3-229; 53-3-1007(2)(b); 53-3-1007(2)(c); 63G-4-203(1)

Utah Admin. Code R708-35-8 Hearing Procedures

(1) The division shall hold adjudicative proceedings at a time and place agreed upon by the parties.

(2) Notice of the adjudicative proceeding issued by the division shall be:

(a) given as provided in Subsection 53-3-216(3) unless otherwise agreed upon by the parties;

(b) mailed to the last known address on file with the division unless otherwise agreed upon by the parties;

(d) signed by the division director.

(3) The notice provided under Subsection (2) need only inform the parties about the date, time, place, and basic purpose of the proceeding. The parties are considered to know the law.

(4) If the driver fails to respond timely to a division request or notice, a default may be entered in accordance with Subsection 53-3-223(7)(a).

(5) The parties and witnesses may testify under oath, present evidence, and comment on pertinent issues.

(6) The hearing officer may:

(a) exclude irrelevant, repetitious, immaterial, or privileged information or evidence;

(b) consider hearsay evidence and receive documentary evidence, including copies or excerpts;

(d) conduct prehearing conferences by telephone or in person to clarify issues, dispose of procedural questions, and expedite the hearing;

(e) record or take notes of the hearing at their discretion; and

(f) take appropriate measures to preserve the integrity of the hearing.

(7) The driver shall have access to information in the division file to the extent permitted by law.

(8) Discovery is prohibited however, the division may issue subpoenas or other orders to compel production of necessary evidence. Subpoenas may be issued by the division at the request of the driver if the costs of the subpoenas are paid by the driver and will not delay the proceeding.

(9) The hearing officer has discretion to take administrative notice of:

(a) records;

(b) procedures;

(d) policies;

(e) technical scientific facts within the hearing officer's specialized knowledge or experience; or

(f) any other facts that could be judicially noticed.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-12a-303.2; 41-12-503, 41-12a-511; 53-3-209; 53-3-220; 53-3-221; 53-3-221(6)(v); 53-3-229; 53-3-1007(2)(b); 53-3-1007(2)(c); 63G-4-203(1)

Utah Admin. Code R708-35-9 Findings, Conclusions, Recommendations, and Orders

(1) Statements reflecting findings of fact, conclusions of law, and recommendations may be written on forms approved by the division.

(2) Within a reasonable period after the close of the hearing, the hearing officer shall issue an order that complies with Subsection 63G-4-203(1)(i).

(3) The order will be mailed to the driver's address on file with the division.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-12a-303.2; 41-12-503, 41-12a-511; 53-3-209; 53-3-220; 53-3-221; 53-3-221(6)(v); 53-3-229; 53-3-1007(2)(b); 53-3-1007(2)(c); 63G-4-203(1)

Utah Admin. Code R708-35-10 Reconsideration

(1) In accordance with Section 63G-4-302 a driver may file a request for reconsideration of the order within 20 days after receiving it.

(2) If the division does not issue an amended order within 20 days after receiving the request for reconsideration the request for reconsideration shall be considered denied.

(3) The driver may seek judicial review in accordance with Section 63G-4-402.

History

KEY: adjudicative proceedings
Date of Last Change: November 21, 2023
Notice of Continuation: December 16, 2021
Authorizing, and Implemented or Interpreted Law: 41-12a-303.2; 41-12-503, 41-12a-511; 53-3-209; 53-3-220; 53-3-221; 53-3-221(6)(v); 53-3-229; 53-3-1007(2)(b); 53-3-1007(2)(c); 63G-4-203(1)

R708-36 Disclosure of Personal Identifying Information in MVRs

Utah Admin. Code R708-36-1 Purpose

The purpose of this rule is to set forth the contents of an MVR and the procedure to be followed in disclosing and requesting it.

History

KEY: driver license, MVR, privacy
Date of Last Change: August 21, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8); 53-3-420; 49 CFR 384

Utah Admin. Code R708-36-2 Authority

This rule is authorized by Subsection 53-3-109(8).

History

KEY: driver license, MVR, privacy
Date of Last Change: August 21, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8); 53-3-420; 49 CFR 384

Utah Admin. Code R708-36-3 Definitions

(1) Terms used in this rule are defined in Sections 53-3-102, 53-3-402 and 49 CFR 383.

(2) In addition:

(a) "DOT card" means a certificate issued to an individual who has been medically examined and found physically qualified to operate a commercial motor vehicle in accordance with Federal Motor Carrier Safety Administration standards;

(b) "driving type" means an applicant for a CDL must report if they meet the federal requirements under 49 CFR 391 of the Federal Motor Carrier Safety Regulations, the state requirements under Section 53-3-303.5, or they meet the federal requirements under 49 CFR 391 of the Federal Motor Carrier Safety Regulations with the exception that they are under 21 years of age;

(c) "SPE certificate" means a type of medical exception certificate issued to an individual who has been medically examined and cannot meet the Federal Motor Carrier Safety Administration standards to get a commercial driver license due to impaired or missing limbs; and

(d) "variance" means a type of medical exception certificate issued to an individual who has been medically examined and cannot meet the Federal Motor Carrier Safety Administration standards to get a commercial license due to physical impairments.

History

KEY: driver license, MVR, privacy
Date of Last Change: August 21, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8); 53-3-420; 49 CFR 384

Utah Admin. Code R708-36-4 Content of Class D MVRs

(1) The division shall ensure a class D MVR contains the record subjects:

(a) name;

(b) driver license number;

(d) date of birth;

(e) military status;

(f) license status;

(g) license issue and expiration dates;

(h) license class;

(i) license endorsements;

(j) reportable arrests;

(k) reportable violations;

(l) reportable convictions; and

(m) reportable denials, suspensions, revocations, and withdrawals.

(2) The division shall display the record subject's address only on MVRs released to licensed private investigators. The division may make exceptions to this procedure, provided the exception falls under a permissible use set forth in the Driver's Privacy Protection act of 1994

History

KEY: driver license, MVR, privacy
Date of Last Change: August 21, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8); 53-3-420; 49 CFR 384

Utah Admin. Code R708-36-5 Content of Commercial Driver License MVRs

The division shall ensure the Commercial driver license MVRs contains the record subjects:

(1) information in Subsection R708-36-4(1);

(2) Transportation Security Administration hazmat approval and expiration dates;

(3) driving violations with pleas held in abeyance;

(4) driving type;

(5) medical certification status;

(6) DOT card effective and expiration dates;

(7) any applicable variance effective and expiration dates;

(8) any applicable SPE certificate effective and expiration dates; and

(9) information from the medical examiners certification record including:

(a) medical examiners name;

(b) phone number;

(d) state of jurisdiction;

(e) medical license number; and

(f) registry number.

History

KEY: driver license, MVR, privacy
Date of Last Change: August 21, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8); 53-3-420; 49 CFR 384

Utah Admin. Code R708-36-6 Disclosure Procedure

(1) The division may release the class D and commercial driver license MVR in accordance with:

(a) the Driver's Privacy Protection Act of 1994;

(b) Sections 53-3-109 and 53-3-420; and

(2) The division shall search the driver license database, and compile and furnish an MVR on any person found.

History

KEY: driver license, MVR, privacy
Date of Last Change: August 21, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8); 53-3-420; 49 CFR 384

Utah Admin. Code R708-36-7 Request Procedure

(1) A requester shall:

(a) provide acceptable proof of identification including:

(i) driver license;

(ii) identification card; or

(iii) other official documentation determined by the division;

(b) declare one or more permissible uses within the Driver's Privacy Protection Act of 1994 under which the requester is qualified to receive the information;

(d) pay appropriate fees in a manner approved by the division; and

(e) agree to comply with state and federal laws regulating resale and further disclosure of information on an MVR.

(2) The division may determine the requester is not entitled to receive an MVR if the division has reason to believe the declaration is invalid, or that any other condition in this rule has not been met.

History

KEY: driver license, MVR, privacy
Date of Last Change: August 21, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8); 53-3-420; 49 CFR 384

R708-37 Certification of Licensed Instructors of Commercial Driver Training Schools or Testing Only Schools to Administer Driving Skills Tests

Utah Admin. Code R708-37-1 Purpose

The purpose of this rule is to establish standards and procedures to certify instructors of commercial driver training schools and testing only schools to administer driving skills tests.

History

KEY: driver training, driving skills tests, tests
Date of Last Change: June 22, 2022
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-510

Utah Admin. Code R708-37-2 Authority

This rule is authorized by Section 53-3-510.

History

KEY: driver training, driving skills tests, tests
Date of Last Change: June 22, 2022
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-510

Utah Admin. Code R708-37-3 Definitions

(1) Terms used in this rule are defined in Sections 53-3-102 and 53-3-502.

(2) In addition:

(a) "act of moral turpitude" means conduct that:

(i) is done knowingly contrary to justice, honesty or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another property.

(b) "agreement" means a written agreement between the division and a third-party tester agreeing to the conditions contained in this rule;

(d) "certification" means the process by which commercial driver training instructors are certified by the division to administer driving skills tests;

(e) "probation" means action taken by the division that includes a period of close supervision whose time frame shall be determined by the division;

(f) "suspension" means action taken by the division temporarily withdrawing an instructor's certification to conduct testing. The certification may be reinstated when the instructor follows a division-approved plan and complies with reinstatement procedures;

(g) "test" means a driving skills test approved by the division; and

(h) "tester" means an instructor who is certified to administer driving skills tests.

History

KEY: driver training, driving skills tests, tests
Date of Last Change: June 22, 2022
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-510

Utah Admin. Code R708-37-4 Certification Procedures

(1) Each tester shall become certified to administer tests by:

(a) being licensed as a commercial driver education instructor as required by Rule R708-2;

(b) meeting the requirements of this rule and Rule R708-2;

(d) completing a training course offered by the division.

(2) An application for tester certification shall be submitted on a form provided by the division and shall include:

(a) the name of the tester applying for certification;

(b) the name and address of the commercial driver training or testing only school where the tester is employed; and

(c) the signature of the school owner indicating approval of the tester for certification and consent to the use of school vehicles and facilities for testing.

History

KEY: driver training, driving skills tests, tests
Date of Last Change: June 22, 2022
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-510

Utah Admin. Code R708-37-5 Tester Restrictions

(1) A tester may not administer a test to a student who:

(a) took the driver training course at the same school the tester is employed as an instructor; or

(b) took the driver training course at a school that is owned completely or partially by an individual or individuals who have any ownership in the school the tester is employed as an instructor.

(2) A student who fails the test given by a tester may:

(a) apply to the same tester for additional testing;

(b) apply to a different tester for additional testing; or

(3) A tester may not make any changes to a testing route without earlier written approval by the division.

(4) A tester shall not employ an employee of the division as a tester.

(5) A tester shall not use or do anything that may distract their attention away from the test. For example, use of phones or other electronic devices.

(6) A tester may not test an individual who has been required by the division to take a driver review exam.

(7) A tester may not test an individual who has been required by the division to take additional hours of driving instruction.

(8) The tester shall administer at least ten tests per calendar year. If the tester fails to meet this requirement:

(a) the division will cancel the tester license in accordance with Section R708-37-7;

(b) the tester must return any unused test forms; and

(c) reinstatement following cancellation of certification shall consist of completing an approved training plan and completing an application for a new certification outlined in Section R708-37-4.

(9) A tester may not test an individual who has previously taken a test on the same day.

(10) Before administering a test, the tester shall:

(a) screen the student's learner permit or receipt for medical or visual restrictions; and

(b) verify that the student is in compliance with any restrictions.

History

KEY: driver training, driving skills tests, tests
Date of Last Change: June 22, 2022
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-510

Utah Admin. Code R708-37-6 Termination of Employment

(1) Certification shall be cancelled when testers are no longer employed as instructors.

(2) Any tester who intends to instruct and test for a different school following termination must make a new application with the division for a new instructor license and tester certification under the new school.

(3) If the testing certification has been cancelled for a period of six months, the applicant shall take a course of approved training before becoming relicensed.

History

KEY: driver training, driving skills tests, tests
Date of Last Change: June 22, 2022
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-510

Utah Admin. Code R708-37-7 Refusal to Certify, Grounds for Cancellation, Suspension, or Probation of a Tester's Certification

(1) The tester certification shall remain effective as long as the tester remains employed by the school as a tester, or until the tester certification is cancelled or suspended by the division.

(2) The division may:

(a) refuse to certify a tester;

(b) suspend an existing certification; or

(3) A tester certification may be suspended, placed on probation or refused issuance for:

(a) failure to comply with Title 53, Chapter 3, Part 5 Commercial Driver Training Schools Act;

(b) failure to comply with this rule and Rule R708-2;

(d) providing false information in an application or form required by the division;

(e) conviction of a felony, or conviction of or reasonable grounds to believe a tester has committed an act of moral turpitude; or

(f) failure to appear for a hearing.

(4) A proceeding to suspend, place on probation, or refuse to issue or renew a certification is designated as an informal adjudicative proceeding under Section 63G-4-202.

(5) A tester who has had a certification suspended shall not be eligible to reapply for a certification until six months have elapsed since the date of the suspension.

(6) Following suspension, the applicant shall submit an application for re-certification.

(7) Upon receipt of a completed application, the division shall conduct a review process as established by the division director to determine eligibility for re-certification.

(8) Notice of the division's final decision shall be provided in writing to the applicant within 20 days of receipt of the completed application, required documentation, and fees.

(9) When a request for reinstatement is denied, the applicant shall have an opportunity to request a hearing in writing within 20 days of receipt of the division's final decision.

(10) Any applicant who has had a certification suspended by the division two times shall not be eligible to reapply for re-certification.

History

KEY: driver training, driving skills tests, tests
Date of Last Change: June 22, 2022
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-510

Utah Admin. Code R708-37-8 Procedures Governing Informal Adjudicative Proceedings

(1) The following procedures will govern informal adjudicative proceedings:

(a) the division shall begin an action to suspend, place on probation, or refuse to issue certification to administer tests by the issuance of notice of agency action:

(i) the notice of agency action shall comply with Section 63G-4-201; and

(ii) the notice of agency action shall not require a response from the recipient.

(b) an opportunity for a hearing shall be granted on a suspension, probation or refusal to issue certification when the division receives in writing a proper request for a hearing;

(c) the division shall send written notice of a hearing to the licensee or applicant at least 14 days before the date of the hearing;

(d) no discovery, either compulsory or voluntary, shall be permitted before the hearing except that each party shall have access to information in the division's files, and to investigator information and materials not restricted by law;

(e) the division shall designate an individual or panel to conduct the hearing;

(2) If a certification is suspended, placed on probation or an applicant is refused certification, contracts, records, properties, training activities, obligations, or licenses shall not be transferred to another party.

(3) If a certification is suspended or an applicant is refused certification under Section 63G-4-502, the tester shall not administer the test unless otherwise determined at a hearing.

(4) A certification may be placed on probation upon approval of the division director or designee.

(5) A certification that has been placed on probation shall be subject to a period of close supervision with conditions determined by the division.

History

KEY: driver training, driving skills tests, tests
Date of Last Change: June 22, 2022
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-510

R708-38 Anatomical Gift

Utah Admin. Code R708-38-1 Purpose

The purpose of this rule is to define the process for authenticating an applicant's intent to make an anatomical gift (organ donation) when applying for a driver license or identification card excluding renewal by mail.

History

KEY: anatomical gift
Date of Last Change: July 3, 2001
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-205; 26-28-102; 26-28-105

Utah Admin. Code R708-38-2 Authority

This rule is authorized by Subsection 53-3-205(15)(a).

History

KEY: anatomical gift
Date of Last Change: July 3, 2001
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-205; 26-28-102; 26-28-105

Utah Admin. Code R708-38-3 Process

An applicant who desires to make an anatomical gift shall authenticate their indication of intent by:

(a) applying for a driver license or identification card;

(b) marking the appropriate place on the application form indicating a desire to make an anatomical gift;

(c) signing the application in person or by some other electronic means affirming that the information entered is true and correct; and

(d) submitting the completed application at a driver license office or submitting the completed application by electronic means when available.

History

KEY: anatomical gift
Date of Last Change: July 3, 2001
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-205; 26-28-102; 26-28-105

R708-39 Physical and Mental Fitness Testing

Utah Admin. Code R708-39-1 Purpose

Section 53-3-206 provides that the Driver License Division shall conduct testing of an applicant's physical and mental fitness to drive a motor vehicle. The purpose of this rule is to address how the division will carry out that testing.

History

KEY: physical and mental fitness testing
Date of Last Change: April 21, 2010
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-206

Utah Admin. Code R708-39-2 Authority

This rule is authorized by Section 53-3-206.

History

KEY: physical and mental fitness testing
Date of Last Change: April 21, 2010
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-206

Utah Admin. Code R708-39-3 Physical and Mental Fitness Testing

The division will examine an applicant's physical and mental fitness by testing for the following things: eyesight; ability to read and understand simple English used for highway signs; knowledge of the state traffic laws; other physical and mental abilities the division finds necessary to determine the applicant's fitness to drive a motor vehicle safely on the highways; and ability to exercise ordinary and responsible control driving a motor vehicle as determined by actual demonstration or other indicator. A doctor's statement may be required when deemed necessary by the division.

History

KEY: physical and mental fitness testing
Date of Last Change: April 21, 2010
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-206

Utah Admin. Code R708-39-4 Knowledge Testing

(1) In addition to other tests, the division may test an applicant's knowledge of the state's traffic laws and rules before issuing a driver license. The applicant must complete 80% of the questions correctly to pass the knowledge test.

(2) The division may waive the knowledge test for a renewal if the applicant meets the requirements stated in Section 53-3-214.

(3) The division may administer the knowledge test in the following ways: a written test; an oral test for those who have difficulty understanding and/or reading the English language; a group test; and an open book test so applicant's can learn how to use the Driver License Handbook.

History

KEY: physical and mental fitness testing
Date of Last Change: April 21, 2010
Notice of Continuation: January 14, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-206

R708-40 Driving Simulators

Utah Admin. Code R708-40-1 Purpose

The purpose of this rule is to define standards for driving simulators for use in conjunction with driver training.

History

KEY: driving simulators
Date of Last Change: April 18, 2005
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-40-2 Authority

This rule is authorized by Subsection 53-03-505(1)(d).

History

KEY: driving simulators
Date of Last Change: April 18, 2005
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-40-3 Definitions

In addition to terms defined in 53-3-102,

(1) "Operator interaction" means a condition whereby a student driver operates simulation equipment that reacts and adjusts to the student's eye, hand, foot and operation.

(2) "Field of view" means the ability to see to the right, left as well as the center of a persons visual perspective, such as a "panoramic visual field".

History

KEY: driving simulators
Date of Last Change: April 18, 2005
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-505

Utah Admin. Code R708-40-4 Standards for Driving Simulators

(1) A fully interactive driving simulation device shall:

(a) provide for operator interaction by use of equipment that is substantially the same in overall physical size, function and construction characteristics as the controls and seating mechanisms found in an actual passenger motor vehicle;

(b) visually display the resulting vehicle positioning and effect of individualized operator interaction relative to the simulated visual and aural scenario in a manner that is substantially similar to typical conditions found in an actual passenger motor vehicle;

(c) be capable of maintaining a visual scene that changes in response to operator or instructor movements, and approximates a field of view that a student would experience if seated in the driver seat of an actual passenger motor vehicle;

(d) present a field of view that enables the operator to observe a driving condition of that operator's driving into an intersection and visually scanning both directions of traffic with proper head movements;

(e) present other vehicles in a simulated visual scenarios that can be readily perceived as behaving in a manner consistent with real-world driving experience;

(f) enable a student to physically respond to simulated visual scenarios in the areas of vehicle control, awareness, and general- rules-of-the-road which are listed in the Utah Driver Handbook. These include: signaling, proper use of lanes, turning, lane changes, overtaking and passing, right of way, response to emergency vehicles, allowances for pedestrians, stopping, parking, navigating a vehicle through highway work zones, traffic signs, signals and road markings, and pavement markings;

(g) provide an active physically felt, steering-wheel resistance as feedback to the student, that is similar to conditions typically experienced while operating an actual passenger motor vehicle;

(h) provide an instructor with information drawn from monitoring, assessment, feedback and storage of training performance data; and which

(i) imitate and model Utah driving conditions and environment.

(2) A non-fully interactive driving simulation device shall conform to the above description of a full interactive driving simulation device, except that it does not present a student with a panoramic "side and front" field of view, is used by two or more students, or does not provide an individual student's performance information as feedback to the student.

(3) A driving simulator that does not conform to the characteristics as outlined in Section R708-40-4(1) above, is not acceptable as a fully interactive driving simulator in a driver education program as in accordance with Section 53-3-505.5(2)(b).

(4) A driving simulator that does not conform to the characteristics as outlined in Section R708-40-4(2) above, is not acceptable as a non-fully interactive driving simulator in a driver education program as in accordance with Section 53-3-505.5(2)(c).

History

KEY: driving simulators
Date of Last Change: April 18, 2005
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-505

R708-41 Requirements for Acceptable Documentation, Storage, and Maintenance

Utah Admin. Code R708-41-1 Purpose

The purpose of this rule is to:

(1) define acceptable documentation for:

(a) a driver license certificate or identification card;

(b) honorable or general discharge from the United States military; and

(c) establishing homelessness as verified by the Department of Workforce Services to prove residency and obtain a fee waiver for an identification card; and

(2) establish procedures for storage and maintenance of those documents pursuant to Title 53, Chapter 3, Uniform Driver License Act.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

Utah Admin. Code R708-41-2 Authority

This rule is authorized by Section 53-3-104.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

Utah Admin. Code R708-41-3 Definitions

(1) Terms used in this rule are defined in Section 53-3-102.

(2) In addition:

(a) "acceptable document" means an original document, or a copy of an original document certified by the issuing agency, that the division shall accept for determining the validity of information submitted for a license certificate or identification card application;

(b) "alternate document" means a document that may be accepted when the applicant cannot present the necessary documents to establish identity or date of birth as required for a license certificate or identification card application;

(c) "covered humanitarian parolee" means a person who is a citizen and national of Afghanistan who has been paroled into the United States between July 31, 2021, and September 30, 2022, and certain immediate family members who have been paroled into the United States after September 30, 2022;

(d) "DHS" means the Department of Homeland Security;

(e) "exception process" means a written, defined process for persons who are unable to present the necessary documents and must rely on alternate documents to establish identity, date of birth, or US citizenship;

(f) "identity document" means an original, government-issued document that contains identifying information about the subject of the document;

(g) "full legal name evidence" means the name established on an identity document;

(h) "ITIN" means an individual tax identification number;

(i) "ITIN evidence" means an official document used to verify an individual's assigned individual tax identification number;

(j) "lawful presence or status" means that an individual's presence in the United States does not violate state or federal law;

(k) "lawful presence or status evidence" means a document issued by the federal government or approved by DHS, or the division director or designee, that shows legal presence of an individual;

(l) "SAVE" means the Systematic Alien Verification for Entitlements system;

(m) "SAVE verification" means verification of a document issued by the federal government through DHS, SAVE, or such successor or alternate verification system approved by the Secretary of Homeland Security;

(n) "SSN" means a social security number issued by the Social Security Administration;

(o) "SSN evidence" means an official document used to verify an individual's social security number;

(p) "SSOLV" means the social security online verification system;

(q) "Utah residence address" means the place where an individual has a fixed permanent home and principal establishment in Utah and where the individual voluntarily resides, that is not for a special or temporary purpose;

(r) "Utah residence address evidence" means a document that displays the applicant's name and principal Utah residence address;

(s) "veteran indicator" means the word VETERAN added to a driver license certificate or identification card during the application process at the applicant's request upon the applicant providing proof of an honorable discharge or general discharge under honorable conditions from the United States military.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

Utah Admin. Code R708-41-4 Acceptable Forms of Identity Documents

(1) The division has identified the following documents as acceptable forms of identity documents:

(a) a valid, unexpired United States passport or passport card;

(b) a certified copy of a birth certificate filed with the State Office of Vital Statistics or equivalent agency in the individual's state of birth;

(d) a valid, unexpired Permanent Resident Card;

(e) a valid, unexpired Conditional Permanent Resident Card;

(f) a Temporary Stamp Visa or Temporary Admittance Document form I-551;

(g) a Certificate of Naturalization issued by DHS, form N-550 or form N-570;

(h) a Certificate of Citizenship, form N-560 or form N-561, issued by DHS;

(i) a regular driver license, commercial driver license, or identification card that has been issued by the Utah Driver License Division on or after January 1, 2010, which is only acceptable for renewal or duplicate certificates and may provide evidence of both lawful presence and identity;

(j) an unexpired Employment Authorization Document, or EAD, issued by DHS, form I-766, or form I-688B verified through the SAVE system;

(k) an unexpired foreign passport with documentary evidence of the applicant's most recent admittance into the United States verified through SAVE;

(l) a foreign birth certificate or unexpired foreign passport, including a certified translation if the document is not in English; or

(m) alternate documents may be accepted if approved by DHS or the division director or designee.

(2) Individuals applying for a driving privilege card are required to submit one of the identity documents listed in Subsection R708-41-4(1), in addition to one of the following:

(a) church records;

(b) court records;

(d) employee identification card;

(e) insurance identification card;

(f) matricular consular card issued in Utah;

(g) Mexican voter registration card;

(h) school records;

(i) Utah DPC; or

(j) other evidence considered acceptable by the division director or designee.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

Utah Admin. Code R708-41-5 Acceptable Forms of Lawful Presence or Status Evidence

The division has identified the following documents as acceptable forms of lawful presence or status evidence:

(1) documents listed in Subsections R708-41-4(1)(a) through R708-41-4(1)(i);

(2) a document issued by the federal government that verifies lawful entrance into the United States verified through SAVE;

(3) unexpired immigrant or nonimmigrant visa status for admission into the United States issued by the federal government;

(4) pending or approved application for asylum in the United States;

(5) admission into the United States as a refugee;

(6) pending or approved application for temporary protected status in the United States;

(7) approved deferred action status;

(8) pending application for adjustment of status to legal permanent resident or conditional resident; or

(9) proof of covered humanitarian parolee status.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

Utah Admin. Code R708-41-6 Acceptable Forms of Social Security Number Evidence

(1) The division has identified the social security card issued by the federal government that has been signed by the applicant as an acceptable form of SSN evidence.

(2) The applicant may present one of the following documents that displays the applicant's name and SSN if the social security card under Subsection (1) is not available:

(a) W-2 form;

(b) SSA-1099 form;

(d) pay stub showing the applicant's name and full SSN;

(e) ineligibility letter from the Social Security Administration; or

(f) other documents approved by DHS or the division director or designee.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

Utah Admin. Code R708-41-7 Acceptable Forms of Individual Tax Identification Number (ITIN) Evidence

The division has identified the following documents as acceptable forms of ITIN evidence:

(1) an ITIN card issued by the Internal Revenue Service; or

(2) a document or letter from the Internal Revenue Service verifying the ITIN.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

Utah Admin. Code R708-41-8 Acceptable Forms of Utah Residence Address Evidence

(1) The division has identified the following documents as acceptable forms of Utah residence:

(a) bank statement;

(b) court documents;

(d) major credit card bill;

(e) property tax notice statement or receipt;

(f) school transcript;

(g) utility bill;

(h) vehicle title;

(i) proof of enrollment in the Safe at Home Program;

(j) youth fee waiver indicating the applicant is in the custody of the Division of Child and Family Services; or

(k) other documents acceptable to the division upon review.

(2) The division may review residency evidence dated over 90 days before acceptance.

(3)(a) An individual using a letter of verification of homelessness verified by the Department of Workforce Services may be eligible for a waiver of the fee for an identification card.

(b) The division shall accept the verification letter as acceptable evidence for Utah residency.

(4)(a) The division may authorize the sponsoring agency of an individual under temporary care, custody, or treatment of a government, public, or private business, to sign an affidavit verifying the residence of the applicant.

(b) The division shall recognize the sponsoring agency's address as the Utah residence address of the applicant, upon approval of the division director or designee.

(5) The division shall allow an individual who is in the state's legal custody to use the address of a local Division of Child and Family Services as proof of residency.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

Utah Admin. Code R708-41-9 Acceptable Forms to Obtain Veteran Indicator

The division has identified the following documents as acceptable proof of an honorable discharge or general discharge under honorable conditions from the United States military:

(1) DD214, certificate of release or discharge of duty;

(2) DD256, honorable discharge certificate;

(3) DD257, general discharge certificate;

(4) NGB22, report of separation and record of service; or

(5) other documents approved by the division director or designee.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

Utah Admin. Code R708-41-10 Document Requirements

(1) The division may choose not to accept a document submitted under this rule if the document appears to be:

(a) duplicated;

(b) traced over;

(d) defaced;

(e) tampered with;

(f) damaged;

(g) altered in any manner; or

(h) illegible.

(2) An applicant shall ensure documents submitted under this rule display the applicant's full legal name; and

(3)(a) An applicant submitting documents under this rule with any variation of the name on an original or certified document shall also submit the legal authorizing documentation

(b) The division may consider the name established on the division's database to be the full legal name of the applicant unless otherwise determined by the division.

(4) An applicant for any license certificate or identification card requesting a change of the applicant's full legal name must submit an acceptable document that authorizes the name change.

(5) The issuing agency of a document shall certify any copy of an original document.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

Utah Admin. Code R708-41-11 Exceptions

The division may not apply this rule when issuing driver license certificates or identification cards in support of federal, state, or local criminal justice agencies or other programs that require special licensing or identification or safeguard the persons or in support of their official duties.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

Utah Admin. Code R708-41-12 Document Storage

(1) The division shall image, and store documents submitted by an applicant during a license or identification card application process that was provided for proof of:

(a) identity;

(b) lawful presence;

(d) ineligibility to obtain an SSN;

(e) ITIN;

(f) address verification; and

(g) proof of name change.

(2) The division may write the information displayed on a United States birth certificate on the license or identification card application rather than scanning the document, at the request of the applicant.

History

KEY: acceptable documents, identification cards, license certificates, limited-term license certificates
Date of Last Change: July 8, 2025
Notice of Continuation: January 7, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-410; 53-3-804

R708-42 Driver Address Record

Utah Admin. Code R708-42-1 Purpose

The purpose of this rule is to define the procedures, requirements and format for requesting and disclosing a Driver Address Record in accordance with Subsection 53-3-109(1)(b)(ii).

History

KEY: driver address record
Date of Last Change: May 27, 2021
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(ii)

Utah Admin. Code R708-42-2 Authority

This rule is authorized by Subsection 53-3-109(8)(f).

History

KEY: driver address record
Date of Last Change: May 27, 2021
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(ii)

Utah Admin. Code R708-42-3 Definitions

(1) "Driver Address Record" (DAR), means a computer generated compilation of particular elements contained in the Driver License Division electronic database, consisting of:

(a) driver's name;

(b) license certificate number;

(d) name and license certificate of a person with a license certificate residential address that is the same as the driver requested.

History

KEY: driver address record
Date of Last Change: May 27, 2021
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(ii)

Utah Admin. Code R708-42-4 Procedures

(1) Upon receipt of a request for a DAR pursuant to Subsection 53-3-109(1)(b)(ii), the division will search its driver license files to compile and furnish a DAR on any person licensed in the state of Utah. A qualified requester may only obtain a DAR for a person who has obtained motor vehicle insurance, from the qualified requester pursuant to Title 31A Chapter 22 Part 3.

(2) DAR's shall only be released to qualified requesters in accordance with the Federal Driver Privacy Protection Act of 1994 (DPPA), Subsection 53-3-109(1)(b)(ii), and Title 63G, Chapter 2.

History

KEY: driver address record
Date of Last Change: May 27, 2021
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(ii)

Utah Admin. Code R708-42-5 Requirements

(1) In order to receive a DAR, the requester must:

(a) provide acceptable proof of identification that they are a qualified requester under Subsection 53-3-109(1)(b)(ii);

(b) enter into a contract with the division or its designated provider to obtain a DAR;

(d) pay required fees as established by the division;

(e) agree to comply with state and federal laws regulating the use and further disclosure of information on an DAR; and

(f) comply with auditing processes and procedures as required by the division or its designated provider.

History

KEY: driver address record
Date of Last Change: May 27, 2021
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(ii)

Utah Admin. Code R708-42-6 Electronic Transactions

Requests for DARs will be transacted electronically as approved by the division.

History

KEY: driver address record
Date of Last Change: May 27, 2021
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(ii)

R708-43 Verification of Personal Identifying Information by Depository Institutions

Utah Admin. Code R708-43-1 Purpose

The purpose of this rule is to define the procedures, requirements and format for verifying personal identifying information in accordance with Subsection 53-3-109(1)(b)(iii).

History

KEY: driver license verification
Date of Last Change: November 21, 2013
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(iii)

Utah Admin. Code R708-43-2 Authority

This rule is authorized by Subsection 53-3-109(8)(f).

History

KEY: driver license verification
Date of Last Change: November 21, 2013
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(iii)

Utah Admin. Code R708-43-3 Definitions

(1) "Division" means the Utah Driver License Division.

(2) "Requestor" means a depository institution as defined in Section 7-1-103 that seeks access to verify personal identifying information contained in the Utah Driver License Division Database.

(3) "ValIDate" means the electronic web interface used to verify personal identifying information contained in the Utah Driver License Division Database.

(4) "Utah Interactive, Inc." means the entity under contract with the division to provide the ValIDate system.

History

KEY: driver license verification
Date of Last Change: November 21, 2013
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(iii)

Utah Admin. Code R708-43-4 Application for Access to the ValIDate System

(1) To apply for access to the ValIDate system, the requestor must:

(a) meet the qualifications stated in Subsection 53-3-109(1)(b)(iii);

(b) submit a "User Agreement for the ValIDate System" to the Division; and

(c) submit documentation to the division that establishes the requestor is a depository institution as defined in Section 7-1- 103.

(2) Upon receipt of the required form and documentation, the division:

(a) shall review the materials to determine if the requestor is eligible to access the ValIDate system; and

(b) may request additional information to determine if the requestor is eligible to access the ValIDate system.

(3) If the division determines the requestor has met the requirements to access the ValIDate system, the division shall notify Utah Interactive, Inc. that the requestor is authorized to access ValIDate.

(4) If the division determines the applicant does not meet the requirements to access the ValIDate system:

(a) the division shall issue a denial letter to the requestor stating the reasons for the denial; and

(b) the requestor may seek agency review as provided by Section 63G-4-301 by filing a written request for review within 30 calendar days after the issuance of the letter.

History

KEY: driver license verification
Date of Last Change: November 21, 2013
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(iii)

Utah Admin. Code R708-43-5 Procedures for Verification of Information

(1) When submitting a query in ValIDate, the requestor shall enter the following information into the data fields:

(a) the subject's name as it appears on the Utah Driver License or Identification card;

(b) the subject's Utah Driver License or Identification card number; and

(2) Upon submittal of an electronic request for verification, ValIDate will search the Utah Driver License Division Database and furnish a "YES" or "NO" response.

(3) A "YES" response verifies the name, Utah Driver License or Identification card number, and date of birth, matches the information in the Utah Driver License Division Database

(4) A "NO" response indicates one or more data fields submitted does not match the information in the Utah Driver License Division Database.

History

KEY: driver license verification
Date of Last Change: November 21, 2013
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(iii)

Utah Admin. Code R708-43-6 Unauthorized Use

(1) The division may suspend or revoke a requestor's access to ValIDate for failure to comply with the user agreement, this rule, or with Section 53-3-109.

(2) The requestor may seek agency review of the suspension or revocation as provided by Section 63G-4-301 by filing a written request for review within 30 calendar days after the issuance of the suspension or revocation letter.

History

KEY: driver license verification
Date of Last Change: November 21, 2013
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(8)(f); 53-3-109(1)(b)(iii)

R708-44 Citation Monitoring Service

Utah Admin. Code R708-44-1 Purpose

The purpose of this rule is to define the procedures, requirements and format for disclosing personal identifying information in accordance with Subsection 53-3-109(3).

History

KEY: driver license, motor vehicle record, citation monitoring service
Date of Last Change: August 8, 2006
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(3)

Utah Admin. Code R708-44-2 Authority

This rule is authorized by Section 53-3-109.

History

KEY: driver license, motor vehicle record, citation monitoring service
Date of Last Change: August 8, 2006
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(3)

Utah Admin. Code R708-44-3 Definitions as Used in This Chapter

"Citation Monitoring Service (CMS)" means an electronic service whereby the Driver License Division database is monitored on a regular basis to determine if a reportable moving violation has been entered on a specific driving record within the month prior to the date of the request. The requestor will receive a "YES or NO" response that indicates whether a reportable moving violation has been entered on the driver's record during the previous month. If the information submitted by the requestor does not match a driver's record on the database, the requestor will receive an unable to locate (UTL) response.

History

KEY: driver license, motor vehicle record, citation monitoring service
Date of Last Change: August 8, 2006
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(3)

Utah Admin. Code R708-44-4 Procedures

(1) Upon receipt of a request for a notification pursuant to Subsection 53-3-109(3), the division will provide this monitoring service on any person who has a Utah license certificate.

(2) The Driver License Division database contains certain personal identifying information and is protected from public disclosure for privacy reasons in accordance with the federal Driver Privacy Protection Act of 1994 (DPPA), Section 53-3-109 and Title 63G, Chapter 2 (Government Records Access and Management Act).

History

KEY: driver license, motor vehicle record, citation monitoring service
Date of Last Change: August 8, 2006
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(3)

Utah Admin. Code R708-44-5 Requirements

(1) CMS is only available to qualified requesters in accordance with the DPPA and Subsection 53-3-109(3).

(2) In order to be eligible for the CMS, the requester must:

(a) provide acceptable proof that they are an insurer as defined under Section 31A-1-301, or a designee of an insurer as defined under Section 31A-1-301;

(b) enter into a contract with the division or its designated provider to obtain this service;

(c) provide the name, date of birth, and Utah license certificate number for the person for which they are seeking monitoring and notification;

(d) pay required fees as established by the division;

(e) agree to comply with state and federal laws regulating the use and further disclosure of information on the Driver License Division database; and

(f) comply with auditing processes and procedures required by the division or its designated provider.

History

KEY: driver license, motor vehicle record, citation monitoring service
Date of Last Change: August 8, 2006
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(3)

Utah Admin. Code R708-44-6 Electronic Transactions

The Citation Monitoring Service will be transacted electronically, as approved by the division.

History

KEY: driver license, motor vehicle record, citation monitoring service
Date of Last Change: August 8, 2006
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 53-3-109(3)

R708-45 Renewal or Duplicate License for Utah Residents Unable to Appear at a Licensing Office

Utah Admin. Code R708-45-1 Purpose

The purpose of this rule is to establish procedures whereby the division may renew or issue a duplicate regular license certificate to a Utah resident who is unable to appear at a licensing office.

History

KEY: renewal license, duplicate license, Utah resident temporarily out-of-state
Date of Last Change: November 22, 2021
Notice of Continuation: June 25, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-215

Utah Admin. Code R708-45-2 Authority

This rule is authorized by Sections 53-3-104, 53-3-205, and 53-3-214.

History

KEY: renewal license, duplicate license, Utah resident temporarily out-of-state
Date of Last Change: November 22, 2021
Notice of Continuation: June 25, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-215

Utah Admin. Code R708-45-3 Definitions

Definitions in this rule are found in Section 53-3-102.

In addition:

(a) "DOD applicant" means a person who is a civilian employee of the United States Department of Defense that is stationed outside of the United States, or an immediate family member or dependent residing outside of the United States with such person who has applied for a renewal or duplicate Utah driver license;

(b) "DOS applicant" means a person who is a civilian employee of the United States State Department that is stationed outside of the United States, or an immediate family member or dependent residing outside of the United States with such person who has applied for a renewal or duplicate Utah driver license; and

(c) "military applicant" means a person who is ordered to active duty and stationed outside Utah in any of the armed forces of the United States, or an immediate family member or dependent residing outside of Utah with such person who has applied for a renewal or duplicate Utah driver license.

History

KEY: renewal license, duplicate license, Utah resident temporarily out-of-state
Date of Last Change: November 22, 2021
Notice of Continuation: June 25, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-215

Utah Admin. Code R708-45-4 Requirements to Renew or Obtain a Duplicate License

(1) To be eligible to obtain a renewal or duplicate driver license under this rule, an applicant shall:

(a) be a resident of the state;

(b) demonstrate they are unable to visit a licensing office; and

(2) The driver record of the applicant shall not:

(a) contain evidence that demonstrates the applicant is a hazard to public safety within the five-year period preceding the application if the license has a five-year expiration, or within an eight-year period preceding the application if the license has an eight- year expiration; or

(b) reflect expiration of more than a one-year period at the time the application is submitted to the division unless:

(i) the applicant is a DOD applicant, DOS applicant or military applicant; and

(ii) the license has not been suspended, disqualified, denied, revoked or cancelled by the division.

(3) An applicant is not eligible to renew or obtain a duplicate license under this rule if:

(a) the applicant holds a:

(i) commercial driver license;

(ii) limited term driver license; or

(iii) driving privilege card;

(b) the applicant has previously renewed or obtained a duplicate license under this rule, unless approved by the division director or designee;

(d) the required license restrictions have changed since the last Utah license was issued.

History

KEY: renewal license, duplicate license, Utah resident temporarily out-of-state
Date of Last Change: November 22, 2021
Notice of Continuation: June 25, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-215

Utah Admin. Code R708-45-5 Renewal or Duplicate License Application

(1) To apply for a renewal or duplicate license under this rule, an applicant shall submit to the division:

(a) a license application form, that can be obtained from the division either online or through the mail;

(b) verification pursuant to Section 53-3-205 of:

(i) identity;

(ii) legal presence;

(iii) social security number; and

(iv) Utah residency;

(c) a completed certificate of visual examination form that can be obtained from the division either online or through the mail, if the applicant is age 64 years and 6 months or older at the time of application;

(d) supporting documentation that establishes an applicant is a DOD applicant, DOS applicant or military applicant, if applicable;

(e) proof of successful completion of a certified Motorcycle Safety Foundation rider training course, if the applicant is a military applicant and is applying for an original motorcycle endorsement, and on active duty stationed outside of the state;

(f) written notice of the applicant's intent to apply for a renewal or duplicate license under this rule; and

(g) applicable fees.

(2) Upon receipt of a completed application packet, the division:

(a) shall review the materials to determine if the applicant is eligible for a renewal or duplicate license; and

(b) may request additional information to determine if the applicant is eligible for a renewal or duplicate license.

(3)(a) If the division determines that the applicant has met the requirements for a renewal or duplicate license, the division shall issue the license certificate to the applicant.

(b) The license certificate shall expire as provided in Section 53-3-205.

History

KEY: renewal license, duplicate license, Utah resident temporarily out-of-state
Date of Last Change: November 22, 2021
Notice of Continuation: June 25, 2024
Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205; 53-3-214; 53-3-215

R708-46 Refugee, Asylee, or Covered Humanitarian Parolee Knowledge Test in Applicant's Native Language

Utah Admin. Code R708-46-1 Purpose

The purpose of this rule is to establish the procedures and requirements for the Driver License Division to administer the knowledge test in an individual's preferred language.

History

KEY: limited-term driver license; knowledge test; refugee; asylee; covered humanitarian parolee
Date of Last Change: November 21, 2023
Notice of Continuation: March 17, 2026
Authorizing, and Implemented or Interpreted Law: 53-3-206

Utah Admin. Code R708-46-2 Authority

This rule is authorized by Section 53-3-206.

History

KEY: limited-term driver license; knowledge test; refugee; asylee; covered humanitarian parolee
Date of Last Change: November 21, 2023
Notice of Continuation: March 17, 2026
Authorizing, and Implemented or Interpreted Law: 53-3-206

Utah Admin. Code R708-46-3 Definitions

(1) Terms used in this rule are found in Section 53-3-102.

(2) In addition:

(a) "approved asylee" means a person who has an approved application for asylum in the United States;

(b) "covered humanitarian parolee" means a person who is a citizen and national of Afghanistan who has been paroled into the United States between July 31, 2021, and September 30, 2022, and certain immediate family members who have been paroled into the United States after September 30, 2022;

(d) "qualified translator" means an interpreter that has a contract approved through the Utah Division of State Purchasing and General Services to provide interpreter services; and

(e) "refugee" means a person who has entered into the United States in refugee status.

History

KEY: limited-term driver license; knowledge test; refugee; asylee; covered humanitarian parolee
Date of Last Change: November 21, 2023
Notice of Continuation: March 17, 2026
Authorizing, and Implemented or Interpreted Law: 53-3-206

Utah Admin. Code R708-46-4 Requirements

(1) The division may administer the knowledge test in an individual's preferred language, if the individual is:

(a) a refugee, pending asylee, approved asylee, or a covered humanitarian parolee applying for a limited-term license certificate;

(b) an individual applying for a limited-term license certificate; or

(2) The first time an individual applies for a limited-term or a class D license certificate they may:

(a) take the knowledge test in their preferred language; or

(b) if the individual's preferred language is not available, take the knowledge test with the assistance of a qualified translator.

(3) The first time an individual applies for a renewal of a limited-term or class D license certificate, and is required to take the knowledge test for renewal in accordance with Section 53-3-214, they may:

(a) take the knowledge test in their preferred language; or

(b) if the individual's preferred language is not available, take the knowledge test with the assistance of a qualified translator.

(4) The second time an individual applies for a renewal of a limited-term or class D license certificate, they shall be required to pass a knowledge test of traffic laws in English.

History

KEY: limited-term driver license; knowledge test; refugee; asylee; covered humanitarian parolee
Date of Last Change: November 21, 2023
Notice of Continuation: March 17, 2026
Authorizing, and Implemented or Interpreted Law: 53-3-206

Utah Admin. Code R708-46-5 Procedures

(1) The individual must schedule an appointment to apply for:

(a) an original limited-term or class D license; or

(b) a first renewal of a limited-term or class D license using the online scheduler.

(2) If the individual chooses to take the knowledge test with the assistance of a qualified translator, the individual must arrange and pay for a qualified translator to accompany them for the test.

(3) The division shall post a link to the list of qualified translators on the Driver License Division's website.

History

KEY: limited-term driver license; knowledge test; refugee; asylee; covered humanitarian parolee
Date of Last Change: November 21, 2023
Notice of Continuation: March 17, 2026
Authorizing, and Implemented or Interpreted Law: 53-3-206

R708-47 Emergency Contact Database

Utah Admin. Code R708-47-1 Authority

This rule is authorized by Subsection 53-3-205.6(4).

History

KEY: emergency contact database
Date of Last Change: December 26, 2012
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-205.6

Utah Admin. Code R708-47-2 Purpose

The purpose of this rule is to establish procedures whereby a licensee may designate an emergency contact person that may be notified if the licensee is involved in a motor vehicle accident or other emergency situation when the licensee is unable to communicate with the person.

History

KEY: emergency contact database
Date of Last Change: December 26, 2012
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-205.6

Utah Admin. Code R708-47-3 Definitions

(1) Definitions used in this rule are found in Section 53-3-102.

(2) In addition:

(a) EMER means an Emergency Contact Database form;

(b) "emergency contact database" means the database maintained by the division which contains all of the information provided by a licensee regarding the licensee's emergency contact person;

(c) "emergency contact information" means the contact information for a licensee's emergency contact person including the emergency contact person's:

(i) name;

(ii) address;

(iii) relationship to the licensee; and

(iv) up to three (3) telephone numbers;

(d) "emergency contact person" means anyone designated by a licensee to be notified if the licensee is involved in a motor vehicle accident or other emergency situation when the licensee is unable to communicate with the person;

(e) "licensee" means a person who holds a license certificate, learner permit, identification card, or any other type of license or permit issued under Title 53, Chapter 3; and

(f) "Utah Interactive" means the company which contracts with the state to provide and maintain web services for the division.

History

KEY: emergency contact database
Date of Last Change: December 26, 2012
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-205.6

Utah Admin. Code R708-47-4 Method to Provide or Change Emergency Contact Information

(1) A licensee may provide or change emergency contact information by:

(a) accessing the web service provided by Utah Interactive; or

(b) submitting a completed EMER to the division.

History

KEY: emergency contact database
Date of Last Change: December 26, 2012
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: 53-3-205.6

R708-48 Ignition Interlock System Program

Utah Admin. Code R708-48-1 Purpose

This rule governs the licensing and regulation of the Ignition Interlock System Program.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-2 Authority

This rule is authorized by Sections 53-3-1004 and 53-3-1007.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-3 Definitions

(1) Terms used in this rule are defined in Sections 41-6a-518, 53-3-102, 53-3-1002, and R708-31-3.

(2) In addition:

(a) "act of moral turpitude" means conduct which:

(i) is done knowingly contrary to justice, honesty, or good morals;

(ii) has an element of falsification, fraud, or deception; or

(iii) contains an element of harm or injury directed to another person or another's property;

(b) "business" means a service center;

(d) "ignition interlock system activities" means installation, inspection, monitoring, service, and removal of the system, but does not include internal system repair;

(e) "removal" means the removal of a system;

(f) "service center" means a physical location designated by the manufacturer, and approved by the division, where systems are installed, inspected, monitored, calibrated, maintained, and removed; and

(g) "service interval" means the time between system monitoring .

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-4 Requirements for Providers

A provider shall:

(1) be responsible for the oversight of the ignition interlock system activities that are performed at the service center, and each installer employed by the business;

(2) maintain any records including:

(a) client records;

(b) contracts;

(d) any documentation concerning an ignition interlock business transaction;

(3) ensure the security of any client records and personal data on any forms, receipts, or contracts;

(4) program the systems to have a service interval of 60 days, unless a shorter interval is ordered as a term of probation by the court;

(5) perform monitoring no later than three business days after the 60 day service interval;

(6) restart the service interval on the date of monitoring if the system malfunctions and requires monitoring before the expiration of the 60 day service interval;

(7) allow the division to conduct scheduled and unscheduled inspections and audits;

(8) grant access to their ignition interlock business databases to the division;

(9) furnish any records of the business to the division upon request;

(10) provide the client with a complete report of any ignition interlock system activity upon request;

(11) provide in-person training on system activities to each installer including annual re-training;

(12) maintain training files for each installer including dates of completion;

(13) finish any training administered or required by the division;

(14) require each installer to finish any training administered or required by the division;

(15) not be convicted of or have been found by the division, or any entity of the state, to have engaged in conduct that constitutes a felony, crime, or act of moral turpitude;

(16) not knowingly employ an installer who has been convicted of, or who has been found by the division to have engaged in, conduct that constitutes a felony, crime, or act of moral turpitude;

(17) post signs to identify the business by the name listed on the provider's license application;

(18) conspicuously display a copy of the provider's license issued by the division, and business license issued by the city or municipality;

(19) ensure the service center does not operate from the same facility or location as another service center;

(20) surrender the provider's license to the division within five days if:

(a) the provider listed on the license is no longer working at the business; or

(b) the provider license is denied, canceled, or revoked;

(21) provide and maintain a $50,000 surety bond that is:

(a) continuous in form and run concurrently with the license period;

(b) protects against liability to third persons; and

(22) notify the division in writing:

(a) within five business days of any changes to the residential or mailing address of any installer licensed by the division;

(b) within five business days if any installer licensed by the division is no longer employed by the business;

(c) within 30 days of receiving notice of any license relating to systems that have been denied, canceled, or revoked in another state or jurisdiction;

(d) within five days in the event the provider learns of any litigation in which it is a party defendant; and

(e) within five days after being served a summons, complaint, or other pleadings in a case that involves services provided, and which has been filed in any federal or state court or administrative agency and shall deliver copies of these documents to the division.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-5 Procedure to Apply for and Renew a Provider License

(1) An applicant shall complete an application for a new or renewal of a provider license and mail it to the division at Box 144501 Salt Lake City, Utah 84114.

(2) The application packet under Subsection (1) shall include:

(a) a provider application form provided by the division, which has been signed by the applicant and any other required parties;

(b) an application or renewal fee, which shall be made payable to the department;

(c) a copy of any business license for each service center issued by the municipality or county where the service center is located, or a statement that a business license is not required in that location;

(d) samples of any forms, receipts, and contracts used in the course of operation of the business;

(e) a schedule of fees to be charged by the business for each service performed by the business;

(f) a description of how the business shall be operated, which shall include:

(i) a description of how the provider will meet the requirements of Title 53, Chapter 3, Part 10, Ignition Interlock System Program Act, and Rule R708-48;

(ii) a detailed installer training plan;

(iii) a detailed client training plan on how to use and maintain the system; and

(iv) copies of any training materials that will be used;

(g) evidence of a $50,000 surety bond for the business that shall:

(i) be continuous in form and run concurrently with the license period;

(ii) protect against liability to third persons; and

(iii) require the insurer to provide notice to the division if the surety bond is canceled; and

(h) evidence of two years of experience in operating a business.

(3) If the division determines the provider has submitted a complete application, a division representative shall conduct a service center site inspection.

(4) An applicant submitting an application for an initial or new provider license shall submit each of the items listed in Subsections R708-48-5(2)(a) through (h) in addition to:

(a) one FBI applicant fingerprint card with the applicant's legible fingerprints; and

(b) a check or money order made payable to the Utah Bureau of Criminal Identification to cover the cost of a background check.

(5) An applicant submitting an application under this rule shall provide original documents, unless the division requests photocopies.

(6) A provider may not transfer their license.

(7) A provider may obtain a duplicate provider license by submitting a written request and a duplicate license fee to the division.

(8) The division may not process an application if any requirement is not met.

(9) A provider shall submit a new application in the event of a change in ownership.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-6 Requirements of a Service Center Location

(1) A provider shall ensure a service center location:

(a) is not located within 1500 feet of a facility in which vehicle registrations or driver licenses are issued to the public unless the location was established before the establishment of the facility in which vehicle registrations or driver licenses are issued to the public;

(b) does not solicit business directly or indirectly or display or distribute any advertising material within 1500 feet of a:

(i) building in which vehicle registrations or driver licenses are issued to the public; or

(ii) a court building;

(d) does not display any logos, driver license, or vehicle license plate recreations of the department, the division, the Utah State Tax Commission, or Division of Motor Vehicles, in their advertising; and

(e) does not use any letterhead, advertising, or other printed matter in any manner representing that the provider or service center is recommended, endorsed by, or is an instrumentality of the federal government, a state, or any political subdivision of a state.

(2) The division shall approve any changes in location of the service center in writing before moving.

(3) A licensed installer shall be available for all scheduled appointments or provide written notification to the client for any appointments that must be canceled or rescheduled.

(4) A provider shall ensure any ignition interlock system activities are completed outside the view of the client.

(5) Providers shall take adequate security measures to ensure that individuals not licensed under this rule cannot gain access to proprietary materials or client files.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-7 Procedure to Apply for or Renew a Service Center License

(1) An applicant shall complete an application for a service center license and mail it to the division at Box 144501 Salt Lake City, Utah 84114.

(2) The packet under Subsection (1) shall include:

(a) an application form provided by the division, which has been signed by the applicant and any other required parties;

(b) an application or renewal fee, which shall be made payable to the department; and

(c) a copy of the license to operate in the city or municipality where the service center is located, or a statement that a license is not required in that location.

(3) A division representative:

(a) shall inspect the location before approval of the license; and

(b) may make any recommendations for changes to become fully compliant for licensure.

(4) A provider may not transfer a service center license.

(5) A provider may obtain a duplicate service center license by submitting a written request and a duplicate license fee to the division.

(6) The division may not process an application if any requirement is not met.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-8 Inspection and Audit Procedures

(1) The division shall conduct inspections and audits to verify compliance with Title 53, Chapter 3, Part 10, Ignition Interlock System Program Act, and this rule.

(2) The provider shall make the premises and records of the service center available to the division immediately upon request during normal business hours for an inspection or audit.

(3) The division shall provide a receipt to the business if it becomes necessary to remove records from the service center for audit purposes, which will include:

(a) the name and location of the provider;

(b) the location of the business;

(d) a description of records removed;

(e) the signature of an authorized representative of the business; and

(f) the signature of a division representative.

(4) The division may not issue a receipt for photocopies of documents.

(5) The division shall update the receipt under Subsection (3) upon return of the records, with:

(a) the date the records were returned;

(b) the signature of an authorized representative of the business who is receiving the records; and

(6) The division shall hold the records no longer than necessary to finish an audit, inspection, or investigation.

(7) The division may not return photocopies of records.

(8) A division representative shall prepare a written report of each inspection and audit.

(9) The division shall maintain a copy of the written report for ten years.

(10) The division shall notify the business of the division's findings following a business inspection or audit, by sending:

(a) a letter to the business indicating any:

(i) problems;

(ii) concerns; or

(ii) violations found during the inspection or audit;

(b) an action plan detailing expectations regarding the correction of the items identified; or

(11) The division shall audit records of client complaints including:

(a) complaints against a provider, installer, or service center;

(b) the complaint resolution process; and

(12) The division may make recommendations based on:

(a) the findings of the complaint resolution process;

(b) the number of complaints received; and

(13) The division may conduct announced and unannounced audits of monitoring appointments or ignition interlock system activities.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-9 Requirements for an Installer

(1) A licensed installer shall:

(a) only be allowed to be employed or contracted by and do work for one provider at a time;

(b) finish in-person training for systems offered by the provider of the business for which they will be employed;

(d) provide a live demonstration and a written or electronic user guide to clients on the operation and functioning of the system before leaving the installation site;

(e) not be convicted of, or have been found by any entity of the state to have engaged in conduct which constitutes a felony, or crime or act of moral turpitude;

(f) perform monitoring on each system every 60 days or more frequently as required by the court or division, to:

(i) identify the system's proper use and accuracy; and

(ii) download captured data from the system;

(g) require the client to bring the vehicle with the system installed to the service center for monitoring; and

(h) not allow the client or any other person except a division employee, another installer or trainee, or provider to observe the installation.

(2) An installer shall provide the client with a written report of service performed during an installation, removal, or monitoring, and send a copy of the information to the division as required in Section R708-48-13.

(3) An installer shall surrender their license to the division within five days:

(a) if the installer is no longer employed at the provider; or

(b) the division has denied, canceled, or revoked the license.

(4) An installer shall notify the division in writing if they have had an installer license denied, canceled, or revoked in another state or jurisdiction within 30 days of receiving notice of the action.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-10 Procedure to Apply for and Renew an Installer License

(1) An applicant for a new or renewal of an existing installer license, shall mail a complete installer application packet to the division at Box 144501 Salt Lake City, Utah 84114.

(2) The packet under Subsection (1) shall include:

(a) an installer application form provided by the division, which has been signed by the applicant and any other required parties;

(b) an application fee or renewal fee, which shall be made payable to the department;

(c) a signed agreement verifying that the applicant has read and understands each of the laws and rules that are applicable to Title 53, Chapter 3, Part 10, Ignition Interlock System Program Act;

(d) one FBI applicant fingerprint card with the applicant's legible fingerprints with initial application and upon renewal; and

(e) a check or money order made payable to the Utah Bureau of Criminal Identification to cover the cost of a background check.

(3) The applicant shall include original documents in the packet unless the division requests photocopies.

(4) An installer may not transfer their license.

(5) The installer may apply for a duplicate installer license by submitting a written request and a duplicate license fee to the division.

(6) The division may not process an application if any requirement is not met.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-11 Contracts and Documentation

(1) A provider shall have a written contract approved by the division signed by both the client and an authorized representative of the provider before providing any services to a client.

(2) A client under 18 years of age shall also have the contract signed by a parent or legal guardian before any service is provided.

(3) A provider shall give a physical copy of the full contract signed by the representative, including the legible written name of the representative who signed, and keep the original contract.

(4) The provider shall ensure the contract contains:

(a) the client's:

(i) full legal name;

(ii) date of birth;

(iii) driver's license number;

(iv) license plate number;

(v) full legal name of the registered owner of the vehicle if different than the client;

(vi) full residential address; and

(vii) full mailing address;

(b) a description of the services to be provided by the business;

(d) clear language that sets forth the costs of early termination of the contract;

(e) language voiding the contract if the provider's license is denied, canceled, or revoked by the division; and

(f) clearly identifies the total cost of the contract, including any expected servicing and removal costs during the contract, and early termination fees.

(5) The provider shall allow the client to cancel the contract at any time, and shall clearly identify the total amount due upon cancellation including service charges, cancellation fees, and removal costs;

(6) The provider may not automatically extend the contract due to a violation.

(7) The provider may not make the length of the contract contingent upon the length of the ignition interlock restriction on an individual's driving privilege, or any extension of the restriction.

(8) The provider or a representative of the provider shall give the client a receipt upon payment of any fees.

(9) The installer shall provide clients with a physical copy of the installation report immediately upon installation.

(10) Clients are required to sign a Client Responsibility Form provided by the division which shall include:

(a) the client's:

(i) full legal name;

(ii) date of birth; and

(iii) driver's license number and state of issuance;

(b) the vehicle's:

(i) license plate number and state of issuance;

(ii) make and model; and

(iii) Vehicle Identification Number;

(d) installer signature;

(e) name of the service center;

(f) date of installation; and

(g) acknowledgment of training provided by the installer to the client on the following topics:

(i) device use and function;

(ii) distracted driving while using a system;

(iii) early removal of a system;

(iv) tampering;

(v) camera technology; and

(vi) fees associated with the lease of a system.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-12 Records

(1) The provider shall maintain the following client records:

(a) documentation of each ignition interlock system activity provided to a client which include:

(i) the client's:

(A) full legal name;

(B) date of birth;

(D) license plate number and state of issuance;

(ii) the type of service provided;

(iii) the exact date the service was performed;

(iv) the name of the installer who performed each service; and

(v) the name of the manufacturer and system serial number for the:

(A) relay; and

(B) handset;

(b) original copies of client contracts;

(d) original copies of receipts and invoices;

(e) installation reports; and

(f) certificates of calibration with serial numbers of the:

(i) relay; and

(ii) handset.

(2) The provider shall:

(a) store any client records in a location accessible to the division during normal business hours; and

(b) store active client records in a single location in the service center.

(3) The provider may store inactive client records in a single offsite storage location after one year has elapsed since the system was removed.

(4) The provider shall maintain client records for a period of four years after the contractual obligation with the client has concluded.

(5) Each provider shall review the records of the business every six months for completeness and accuracy.

(6) The provider shall immediately file an affidavit with the division if any records the business is required to maintain are lost or destroyed which states:

(a) the date the record was lost or destroyed;

(b) the circumstances surrounding the loss or destruction;

(d) a description of the contents of the records lost or destroyed.

(7) In the event of a breach of data security, the provider shall:

(a) notify the division immediately after becoming aware of a breach of data security;

(b) cooperate with the state regarding recovery of data, remediation; and involvement of law enforcement;

(d) notify those individuals whose personal information may have been compromised in accordance with Title 13, Chapter 44, Protection of Personal Information Act;

(e) perform an analysis to determine the cause of the breach;

(f) produce a remediation plan to reduce the risk of incurring a similar type of breach in the future; and

(g) present the analysis and remediation plan to the division within ten days of notifying the division of the breach of data security.

(8)(a) The division has the right to adjust the plan under Subsection (6)(f), at its sole discretion.

(b) If the provider cannot produce the required analysis and plan under Subsection (6)(f) within the allotted time, the state, in its sole discretion, may perform an analysis and produce a remediation plan that the provider shall comply with, at the provider's sole cost.

(9) The provider shall:

(a) ensure any client records, state records, and information remain confidential at all times; and

(b) comply with state and federal laws, rules, and regulations concerning the confidentiality of information.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-13 Reporting

(1) Installers shall report to the division each time an individual has installed or removed a system from their vehicle.

(2) Providers shall report each time an individual has:

(a) attempted to start the vehicle with a measurable breath alcohol concentration greater than .020; or

(b) failed to report to the provider every 60 days, or more frequently if ordered by the court or division, for monitoring.

(3) A provider shall ensure each report submitted includes:

(a) the client's:

(i) full legal name;

(ii) date of birth;

(iii) driver's license number and state of issuance;

(iv) license plate number and state of issuance; and

(v) make, model, and Vehicle Identification Number of the vehicle the system is installed in;

(b) the name of the manufacturer and serial numbers for the:

(i) relay; and

(ii) handset;

(d) the date and time of attempts to start the vehicle with a measurable breath alcohol concentration that was prevented by the system; and

(e) the name of the person performing the installation, removal, or monitoring of a system.

(4) The provider shall submit each report to the division either through the portal or in a manner defined by the division within 24 hours or the next business day.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-14 Access to the Utah State Portal

(1) The division may grant access to the Utah State Portal to an installer to report ignition interlock system activities.

(2) The provider is responsible for:

(a) training each licensed installer on use of the portal; and

(b) ensuring that only a licensed and trained installer has access to the login credentials.

(3) An installer who does not log into the portal at least once every 45 days will have their Utah State Portal access suspended by the division.

(4) The division shall cancel access to the portal if:

(a) a provider or installer license expires or has been denied, canceled, or revoked;

(b) a provider or installer is no longer employed by the service center;

(d) a provider or installer fails to report any installation or removal.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-15 Grounds for the Denial, Cancellation, or Revocation of a Provider, Service Center, or Installer License

(1) The division may deny, suspend, or revoke a provider, service center, or installer license for any of the following reasons:

(a) failure to comply with:

(i) Title 53, Chapter 3, Part 10, Ignition Interlock System Program Act;

(ii) Section 41-6a-518;

(iii) Title 13, Commerce and Trade; or

(iv) any part of this rule or Rule R708-31;

(b) intentional or unintentional omission or false statement, or any falsification of:

(i) applications; or

(ii) any records or other required information relating to Title 53, Chapter 3, Part 10, Ignition Interlock System Program Act;

(d) having been convicted of or having been found by any state entity to have engaged in, conduct that constitutes a felony, or any crime or act of moral turpitude; or

(e) refusing or failing to respond to a subpoena issued by the division.

(2)(a) The division shall consider the provider's or installer's earlier violations, complaints, and the quantity of the violations, when deciding whether denial, cancellation, or revocation is appropriate.

(b) In lieu of canceling or revoking a license, the division may elect to place the provider or installer on formal probation.

(4) The division shall ensure a probation document outlines the:

(a) violations;

(b) duration of probation;

(d) requirements to end probation.

(5) If the division has denied, canceled, or revoked a provider license under this section, the clients of that provider may go to another provider.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-16 Procedures Governing Informal Adjudicative Proceedings

(1) The division shall notify a provider or installer in writing of the decision to deny, cancel, or revoke a provider or installer license.

(2) The division shall begin an action to deny, cancel, or revoke a provider or installer license by the issuance of a notice of agency action and ensure the notice of agency action complies with Section 63G-4-201.

(3) The provider or installer is not required to respond to the notice of agency action.

(4) The division shall grant an opportunity for a hearing when the division receives a request in writing within ten calendar days from the date the notice of agency action is issued.

(5) The division shall send written notice of a hearing at least 14 days before the date of the hearing.

(6) The division may not allow discovery, either compulsory or voluntary, before the hearing except that:

(a) each party shall have access to information relevant to the action in the division's files; and

(b) each party shall have access to any investigative information and materials permitted by law.

(7) A hearing officer shall hold a hearing within 30 calendar days from the day that the division receives the written request for hearing unless agreed to by the parties.

(8)(a) The division shall issue a written decision that shall constitute final agency action within 20 days after the date of the close of the hearing, or after the failure of a party to appear for the hearing.

(b) The division shall ensure the written decision states, the reason for the decision, notice of right to request reconsideration under Section 63G-4-302, notice of right of judicial review under Section 63G-4-402, and the time limits for filing an appeal to the appropriate district court.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

Utah Admin. Code R708-48-17 Interlock Restriction Extensions

(1) The division may not extend an individual's ignition interlock restriction more than one 60 day extension for violations in a given 60 day reporting period regardless of the frequency of the electronic notifications received by the division under Subsection 53-3-1007(2).

(2) The provider submitting electronic notifications to the division under Subsection 53-3-1007(2) shall submit no more than one every 30 days and no less than one every 60 days except upon removal of an ignition interlock system.

(3) The individual may request a hearing before the division within ten days of the notice of extension regarding the extension to challenge the report.

(4) The division shall conduct the hearing in accordance with Rule R708-35. The burden of proof is on the individual to show they did not violate Subsection 53-3-1007(2)(b) or Subsection 53-3-1007(2)(c).

(5) The division may reference previous violations during a hearing under this section.

History

KEY: Ignition Interlock System Program
Date of Last Change: March 12, 2024
Notice of Continuation: June 7, 2022
Authorizing, and Implemented or Interpreted Law: Title 53, Chapter 3, Part 10

R708-50 Vehicle Impound Fee Reimbursement

Utah Admin. Code R708-50-1 Purpose

The purpose of this rule is to establish procedures for a person to apply for a reimbursement for the costs of towing and storing a vehicle if the vehicle was wrongfully impounded under Subsection 41-1a-1101(4).

History

KEY: impound fee reimbursement
Date of Last Change: June 3, 2024
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 41-12a-806

Utah Admin. Code R708-50-2 Authority

This rule is authorized by Subsection 41-12a-806(6)(b).

History

KEY: impound fee reimbursement
Date of Last Change: June 3, 2024
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 41-12a-806

Utah Admin. Code R708-50-3 Definitions

Definitions in this rule are found in Section 41-12a-802.

History

KEY: impound fee reimbursement
Date of Last Change: June 3, 2024
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 41-12a-806

Utah Admin. Code R708-50-4 Procedure

(1) A person may request a hearing with the Utah Driver License Division to determine if the person's vehicle was wrongfully impounded and meets the requirements for the Department to reimburse the person for the costs of towing and storing the impounded vehicle:

(a) the person requesting a hearing shall complete and submit to the division the Impound Fee Refund Hearing Request form or a written request that includes the required information listed in Subsection 63G-4-201(3)(a).

(b) the person requesting a hearing is ineligible for reimbursement if the division receives the request later than six months from the date the vehicle was impounded.

(i) proof the vehicle was impounded on or after January 1, 2015, which includes the costs for towing and storing the vehicle; and

(ii) proof of owner's or operator's security indicating the impounded vehicle was insured when it was impounded;

(2) The hearing officer shall make a recommendation based on their findings of fact whether the applicant is eligible for a reimbursement under Section 41-12a-806.

(3) The Driver Improvement Manager or designee shall review the recommendation and documentation to approve, deny, or remand to the hearing officer for further review.

History

KEY: impound fee reimbursement
Date of Last Change: June 3, 2024
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 41-12a-806

R708-51 Mobility Vehicle Permit

Utah Admin. Code R708-51-1 Authority

This rule is authorized by Subsection 41-6a-1118.

History

KEY: disability, mobility vehicles, mobility vehicle permits
Date of Last Change: February 25, 2015
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1118; 53-3-102

Utah Admin. Code R708-51-2 Purpose

The purpose of the rule is to set forth the provisions for the issuance of a Mobility Vehicle Permit.

History

KEY: disability, mobility vehicles, mobility vehicle permits
Date of Last Change: February 25, 2015
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1118; 53-3-102

Utah Admin. Code R708-51-3 Definitions

(1) Definitions used in this rule are found in Sections 41-6a-1118 and 53-3-102.

(2) In addition:

(a) A Mobility Vehicle Permit "means" evidence that an individual may operate a vehicle certified by the Division within the restriction listed on the permit.

(b) Mobility Vehicle Permit Statement of Disability "means" a document approved by the Division and signed by a Health Care Professional as defined in Subsection 53-3-302(2) affirming:

(i) the applicant has a physical disability as defined in Section 41-6a-1118; and

(ii) the issuance of a Mobility Vehicle Permit would not constitute a public safety hazard.

History

KEY: disability, mobility vehicles, mobility vehicle permits
Date of Last Change: February 25, 2015
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1118; 53-3-102

Utah Admin. Code R708-51-4 Permit Provisions

(1) A person who has a physical disability and does not qualify for a motor vehicle operator license may apply for a Mobility Vehicle Permit. To qualify, the applicant shall:

(a) be a U.S. Citizen, Legal Permanent Resident Alien, or U.S. National;

(b) submit an application approved by the Division for a Mobility Vehicle Permit accompanied by the applicants Mobility Vehicle Permit Statement of Disability;

(c) provide acceptable documentation of the individual's identity and citizenship or lawful presence status as established in Utah Admin. Code R708-41;

(d) pay the required application fee;

(e) meet the minimum knowledge test requirement set forth by the Division; and

(f) meet the minimum skills test standards to safely operate an approved Mobility Vehicle.

(3) Upon receiving a Mobility Vehicle Permit, a person may operate an approved Mobility Vehicle on a Highway within the restrictions stated on the permit and in compliance with all traffic rules under Title 41 Chapter 6a.

(4) The authorization to operate a Mobility Vehicle is subject to Withdrawal, Denial, Suspension, and Revocation of the privilege in accordance with Title 53 Chapter 3 of Utah Code.

(5) Upon annual review, the Division shall determine whether:

(a) the vehicle operated by the permit holder continues to meet the requirements provided in this rule;

(b) the applicant has a physical disability as defined in Section 41-6a-1118; and

History

KEY: disability, mobility vehicles, mobility vehicle permits
Date of Last Change: February 25, 2015
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1118; 53-3-102

Utah Admin. Code R708-51-5 Mobility Vehicle Provisions

(1) An approved Mobility Vehicle shall be equipped with:

(a) two headlamps;

(b) two tail lamps;

(d) amber or red electric turn signals, one on each side of the front and rear;

(e) a braking system, other than a parking brake, that meets the requirements established in Section 41-6a-1623;

(f) a horn or other warning device that meets the requirements of Section 41-6a-1625;

(g) rearview mirrors on the right and left side of the driver in accordance with Section 41-6a-1627;

(h) a rearview mirror mounted centrally on the windshield;

(j) a windshield and windshield wipers;

(k) a speedometer, illuminated for nighttime operation;

(l) a seat designed for passengers, including a footrest and handhold for each passenger;

(m) seat belts for each vehicle occupant in vehicles with side-by-side seating;

(n) tires that have at least 2/32 inches or greater tire tread;

(o) a Mobility Vehicle placard, decal, or emblem displayed on the rear of the vehicle.

(p) four or more wheels, which shall remain in contact with the ground while the vehicle is in operation, and

(q) a cab enclosure or roll over protection system.

(2) An approved Mobility Vehicle may be operated upon a Utah street or highway by a permit holder within the restriction stated on the permit, unless the highway is an interstate freeway or a limited access highway as defined in Section 41-6a-102.

(3) A Mobility Vehicle may not be used to tow any unit while being operated by a Mobility Vehicle Permit holder.

(4) The operation of a Mobility Vehicle is subject to compliance with all traffic rules under Title 41 Chapter 6a.

History

KEY: disability, mobility vehicles, mobility vehicle permits
Date of Last Change: February 25, 2015
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1118; 53-3-102

Utah Admin. Code R708-51-6 Denial

(1) The Division may deny an individual the authorization to operate a Mobility Vehicle when it is determined by the Division that it is not in the best interest of public safety to issue or continue authorization of a Mobil ity Vehicle Permit.

History

KEY: disability, mobility vehicles, mobility vehicle permits
Date of Last Change: February 25, 2015
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1118; 53-3-102

Utah Admin. Code R708-51-7 Administrative Proceedings

All adjudicative proceedings for Mobility Vehicle Permits, including but not limited to, the application for and denial, suspension or revocation of authorization to operate a Mobility Vehicle, shall be conducted according to applicable rules for administrative proceedings as specified in Rules R708-14 and R708-35.

History

KEY: disability, mobility vehicles, mobility vehicle permits
Date of Last Change: February 25, 2015
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1118; 53-3-102

R708-52 Air Pollution Mitigation Education Program

Utah Admin. Code R708-52-1 Purpose

This rule provides the procedures for dissemination of information to each driver license applicant in regards to air quality improvement.

History

KEY: air pollution, education, driver license
Date of Last Change: June 3, 2024
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-104

Utah Admin. Code R708-52-2 Authority

This rule is authorized by Subsection 53-3-104(1)(g).

History

KEY: air pollution, education, driver license
Date of Last Change: June 3, 2024
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-104

Utah Admin. Code R708-52-3 Definitions

(1) Terms used in this rule are defined in Section 53-3-102.

(2) "Utah Driver Handbook" means the written handbook published annually by the Driver License Division that provides driving rules, best practices and safety guidelines for Utah drivers.

History

KEY: air pollution, education, driver license
Date of Last Change: June 3, 2024
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-104

Utah Admin. Code R708-52-4 Procedures

(1) The Division of Air Quality shall provide the division with educational information that reflects ways to improve air quality and harmful effects of vehicle emissions.

(2) The division shall provide the data obtained from the Division of Air Quality to each driver license applicant through the use of:

(a) the Utah Driver Handbook;

(b) displays in division field offices; and

History

KEY: air pollution, education, driver license
Date of Last Change: June 3, 2024
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-104

R708-53 Driver Education Instructor Preparation Course Requirements

Utah Admin. Code R708-53-1 Purpose

The purpose of this rule is to establish criteria for certification of a commercial driver training school to teach an instructor preparation course.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: December 23, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505 through 53-3-509

Utah Admin. Code R708-53-2 Authority

This rule is authorized by Section 53-3-505.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: December 23, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505 through 53-3-509

Utah Admin. Code R708-53-3 Definitions

(1) Terms used in this rule are defined in Section 53-3-502.

(2) In addition:

(a) "act of moral turpitude" means conduct that:

(i) is done knowingly contrary to justice, honesty or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another property;

(b) "course" means a driver education instructor preparation course;

(d) "division" means the Driver License Division;

(e) "driver education instructor" means a driver education instructor licensed in accordance with Rule R708-2;

(f) "driver education student" means a student participating in a driver education course;

(g) "school" means a commercial driver training school licensed in accordance with Rule R708-2; and

(e) "student instructor" means a student enrolled in a driver education instructor preparation course.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: December 23, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505 through 53-3-509

Utah Admin. Code R708-53-4 Driver Education Instructor Preparation Course Certification and Record Requirements

(1) To become certified to provide a course, a school shall enter into a contract with the division to provide a course.

(2) To qualify for certification to provide a course, a school shall:

(a) be licensed and operational in accordance with Rule R708-2 for at least two years;

(b) be violation free in accordance with Rule R708-2 for at least two years;

(i) has at least two years of experience instructing driver education; and

(ii) is violation free in accordance with Rule R708-2 for at least two years.

(3) A school certified to provide a course shall maintain a student instructor record for a period of four years for each student instructor enrolled in the course that includes:

(a) the student instructor's name;

(b) the date of enrollment;

(d) a record of each time the student instructor received training; and

(e) a record of any training the student instructor provided to driver education students in connection with the course.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: December 23, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505 through 53-3-509

Utah Admin. Code R708-53-5 Driver Education Instructor Preparation Course Lesson Plan and Manual Requirements

(1) The course shall include the methodology for creating lesson plans for:

(a) 18 one hour or nine two hour classroom sessions regarding a theoretical approach to driving; and

(b) six one hour or three two hour behind-the-wheel sessions regarding a practical approach to driving.

(2) The course manual shall include the following:

(a) syllabus;

(b) introduction;

(d) appendix;

(e) bibliography;

(f) lesson plans;

(g) assignments with answer sheets; and

(h) quizzes and tests with answer sheets.

(3) The curriculum shall cover, at a minimum, the subject areas listed in this rule.

(4) There shall be a test associated with each unit of study.

(5) A copy of the curriculum with textbooks and any videos shall be submitted to the division for approval.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: December 23, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505 through 53-3-509

Utah Admin. Code R708-53-6 Required Classroom Hours

(1) The course shall include 50 hours of classroom instruction divided as follows:

(a) 30 hours of classroom instruction;

(b) 16 hours watching a certified instructor teaching driver education students; and

(2) The student instructor may complete 18 hours of classroom training given to driver education students and apply those training hours towards the amount of classroom hours required in Subsection R708-53-6(1).

(3) The course shall include 30 hours of out of class homework assignments.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: December 23, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505 through 53-3-509

Utah Admin. Code R708-53-7 Required Behind-the-Wheel and Certified Instructor Observation Hours

The course shall include 50 hours of teaching behind-the-wheel training and observing a certified instructor teaching behind-the-wheel training divided as follows:

(1) 30 hours of behind-the-wheel training on the following:

(a) introduction to behind-the-wheel training;

(b) proper instruction of driving maneuvers;

(d) driving in urban, rural, and suburban areas; and

(e) elements of instructor demonstration, and observation;

(2) 14 hours watching a certified instructor teaching behind-the-wheel training; and

(3) six hours teaching student instructors behind-the-wheel training while being monitored by a certified instructor.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: December 23, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505 through 53-3-509

Utah Admin. Code R708-53-8 Additional Required Training Hours

The course shall include 12 hours training on policy, forms, and administrative rule and shall include:

(1) instructions on entering training and completion dates in DEMS;

(2) forms including:

(a) student records;

(b) contracts;

(d) procedures for obtaining completion certificates and learner permits; and

(e) a discussion of similarities and differences of each type of permit;

(3) a review of Rule R708-2, and Sections 53-3-501 through 53-3-509;

(4) current Utah Driver License handbook curriculum must be updated annually to include new laws and information contained in the handbook;

(5) insurance requirements for commercial school vehicles;

(6) instructor license certification requirements; and

(7) grounds for suspension or cancellation of school, operator or instructor licenses.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: December 23, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505 through 53-3-509

Utah Admin. Code R708-53-9 Grounds for Refusal to Certify or Suspension of Course

(1) The division may refuse to certify or may suspend a course offered by a school for any of the following reasons:

(a) failure to comply with Title 53, Chapter 3, Part 5, Commercial Driver Training Schools Act;

(b) failure to comply with this rule and Rule R708-2;

(d) failure to permit the division or its representatives to inspect any school classroom, record, or vehicle used for instruction;

(e) conviction of a felony, or reasonable grounds to believe an school owner or operator has committed an act of moral turpitude; or

(f) failure to permit or enroll an individual interested in taking the course unless there is evidence the individual will not meet licensing requirements outlined in Rule R708-2.

(2) A proceeding to suspend a course offered by a commercial driver training school is designated as an informal proceeding under Section 63G-4-202.

(3) Upon receipt of a notice of agency action, a school shall not:

(a) allow a student to enroll in a course or accept payment from a student; or

(b) transfer contracts, records, properties, training activities, obligations, or licenses to another party.

(4) A school who has had a certification suspended shall not be eligible to reapply for a license until six months have elapsed since the date of the suspension.

(5) The applicant shall submit an application and required documentation for a course.

(6) Upon receipt of a completed application for a course, in addition to required documentation, the division shall conduct a review process as established by the division director to determine eligibility for reinstatement or re-certification.

(7) Notice of the division's final decision shall be provided in writing to the applicant within 20 days of receipt of the completed application, required documentation, and fees.

(8) When a request for reinstatement or re-certification is denied, the applicant shall have an opportunity to request a hearing in writing within 20 days of receipt of the division's final decision.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: December 23, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505 through 53-3-509

Utah Admin. Code R708-53-10 Procedures Governing Informal Adjudicative Proceedings

(1) The following procedures will govern informal adjudicative proceedings:

(a) the division shall commence an action to suspend, place on probation, or refuse to certify a course offered by a commercial driver training school by the issuance of notice of agency action;

(i) the notice of agency action shall comply with Section 63G-4-201; and

(ii) the notice of agency action shall not require a response from the recipient;

(b) an opportunity for a hearing shall be granted on a suspension, probation or refusal to certify a course when the division receives in writing a proper request for a hearing;

(c) the division shall send written notice of a hearing to the licensee or applicant at least 14 days prior to the date of the hearing;

(e) the division shall designate an individual or panel to conduct the hearing;

(2) If a course offered by a school is suspended, placed on probation or refused certification:

(a) contracts, records, properties, training activities, obligations, or licenses shall not be transferred to another party; and

(b) existing classroom and training hours shall not be transferred to another school for completion.

(3) If a course offered by a school is suspended or refused certification under Section 63G-4-502, the school shall not be authorized to offer the course unless otherwise determined at a hearing.

(4) If a course offered by a school is suspended or refused certification under Section 63G-4-502, and the school license is valid, the school may continue operation other than offering the course provided that an instructor employed by the school with a valid instructor license ensures operation does not compromise public safety.

(5) A course offered by a school may be placed on probation upon approval of the division director or designee.

History

KEY: driver education, schools, rules and procedures
Date of Last Change: December 23, 2021
Authorizing, and Implemented or Interpreted Law: 53-3-505 through 53-3-509

R708-55 Foreign Driver License Reciprocity

Utah Admin. Code R708-55-1 Purpose

This rule establishes the process for a foreign jurisdiction to enter into and maintain a reciprocity agreement to facilitate the exchange of a driver license.

History

KEY: foreign driver license, reciprocity
Date of Last Change: June 7, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-110

Utah Admin. Code R708-55-2 Authority

This rule is authorized by Section 53-3-110.

History

KEY: foreign driver license, reciprocity
Date of Last Change: June 7, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-110

Utah Admin. Code R708-55-3 Definitions

(1) Terms used in this rule are defined in Section 53-3-102.

(2) In addition:

(a) "applicant" meant an applicant for a Utah driver license that possesses a driver license issued by a foreign jurisdiction with which the division has entered into a reciprocity agreement;

(b) "authorized agent" means an individual authorized to make and enter into a reciprocity agreement on behalf of the foreign jurisdiction;

(c) "foreign jurisdiction" means any jurisdiction outside of the United States and within a particular geographic territory in which a governing body has the power, right, and authority to promulgate laws, rules, regulations, and agreements;

(d) "program" means the process the division or foreign jurisdiction uses to educate and test applicants for driver licenses; and

(e) "program information" means:

(i) contact name and address of the department maintaining driver records;

(ii) driver license laws;

(iii) samples of driver licenses with a description of the security features;

(iv) identification requirements for driver license applicants;

(v) information contained on driver licenses;

(vi) certification of eligible driver status that shows no open or active withdrawals;

(vii) term of license validity;

(viii) medical standards;

(ix) minimum age requirements for driving;

(x) license classes and condition codes;

(xi) description of license classifications to be exchanged;

(xii) qualification requirements for professional driving instructors;

(xiii) graduated driver licensing program or equivalent;

(xiv) training requirements for beginner drivers;

(xv) qualifications for examiners including training and background checks;

(xvi) knowledge test overview;

(xvii) road test components and scoring criteria;

(xviii) a list of foreign driver's licenses that are accepted for exchange;

(xix) reciprocity law processes and requirements;

(xx) driver improvement programs;

(xxi) official driver's handbook; and

(xxii) a description of the driver education curriculum.

History

KEY: foreign driver license, reciprocity
Date of Last Change: June 7, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-110

Utah Admin. Code R708-55-4 Foreign Jurisdiction Request for Reciprocity

(1) A foreign jurisdiction requesting a reciprocity agreement shall submit a request in writing to the division.

(2) A request for reciprocity shall:

(a) be signed by an authorized agent;

(b) contain the contact information for the authorized agent; and

History

KEY: foreign driver license, reciprocity
Date of Last Change: June 7, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-110

Utah Admin. Code R708-55-5 Division Response to Request for Reciprocity

(1) Upon receipt of a request for reciprocity, the division shall send an acknowledgment letter to the requesting party.

(2) The response shall include:

(a) contact information for the division official authorized to make and enter into a reciprocity agreement;

(b) a request for the foreign jurisdiction's program information for review by the division; and

History

KEY: foreign driver license, reciprocity
Date of Last Change: June 7, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-110

Utah Admin. Code R708-55-6 Program Information Review

(1) Upon receipt of the foreign jurisdiction's program information, the division official shall review the foreign jurisdiction's program information to ensure it meets or exceeds the division's program standards.

(2) The minimum standards for program approval include the following:

(a) students must have finished at least:

(i) 18 hours of in person classroom instruction; and

(ii) 6 hours of behind the wheel instruction.

(b) instructors and examiners must:

(i) be regulated and certified by the foreign jurisdiction's government licensing authority;

(ii) have met the educational and training standards to act officially on behalf of the foreign jurisdiction's licensing authority; and

(iii) have passed a criminal background check.

(3) The division official may opt to deny a program even if the minimum standards have been met if there are other aspects of the program that do not align with the division's mission to promote public safety.

History

KEY: foreign driver license, reciprocity
Date of Last Change: June 7, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-110

Utah Admin. Code R708-55-7 Driver License Reciprocity Agreement Approval

(1) The division may enter into a reciprocity agreement with a foreign jurisdiction upon:

(a) approval of foreign jurisdiction's program; and

(b) approval of the division's program by the foreign jurisdiction.

(2) Upon approval of both the division and the foreign jurisdiction, a memorandum of understanding with the terms and conditions shall be sent by the division to the foreign jurisdiction's authorized agent to be signed.

(3) The reciprocity agreement shall be made effective upon receipt of the signed and returned memorandum of understanding from the foreign jurisdiction to the division.

History

KEY: foreign driver license, reciprocity
Date of Last Change: June 7, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-110

Utah Admin. Code R708-55-8 Changes to Program

(1) Any changes to a previously approved program shall be communicated to the division by the foreign jurisdiction within 30 days of implementation.

(2) A reciprocity agreement shall be canceled if changes to a previously approved program make the program incompatible with the division's program standards.

History

KEY: foreign driver license, reciprocity
Date of Last Change: June 7, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-110

Utah Admin. Code R708-55-9 Applicant Exemption from Testing

The division may exempt an individual applying for a driver license from certain testing processes if the applicant:

(1) presents a valid a non-commercial driver license from a foreign jurisdiction that has entered into a reciprocity agreement with the division; and

(2) has complied with the verification process outlined in Section R708-55-9.

History

KEY: foreign driver license, reciprocity
Date of Last Change: June 7, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-110

Utah Admin. Code R708-55-10 License Verification Process for Applicants

(1) The division shall establish a verification process to ensure the validity of a driver license issued by a foreign jurisdiction with which the division has entered into a reciprocity agreement.

(2) An application for a driver license submitted by an applicant that possesses a driver license issued by a foreign jurisdiction with which the division has a reciprocity agreement shall:

(a) submit to the division:

(i) a Utah driver license application form;

(ii) a driving record issued by the foreign jurisdiction dated within 30 days from the date of application; and

(iii) a valid driver license issued by the foreign jurisdiction;

(b) provide documents necessary to establish identity and legal, lawful presence in the United States;

(d) pass any medical and vision evaluations; and

(e) pass a written knowledge test.

(3) Any documents submitted to the division shall be translated into English by a translator on the division's approved list. A list of approved translators may be found on the division's website.

History

KEY: foreign driver license, reciprocity
Date of Last Change: June 7, 2023
Authorizing, and Implemented or Interpreted Law: 53-3-110

R708-56 Interdicted Person Identifier on Driving Certificates and Identification Cards

Utah Admin. Code R708-56-1 Purpose

This rule establishes the format of an interdicted person identifier on a driving certificate or identification card and requirements for reporting designations, amendments, and terminations of the identifier.

History

KEY: interdicted person identifier, driver's license, identification card
Date of Last Change: June 23, 2026
Authorizing, and Implemented or Interpreted Law: 53-3-104; 63G-3-201; 41-6a-509

Utah Admin. Code R708-56-2 Authority

This rule is authorized by Sections 53-3-104 and 63G-3-201 .

History

KEY: interdicted person identifier, driver's license, identification card
Date of Last Change: June 23, 2026
Authorizing, and Implemented or Interpreted Law: 53-3-104; 63G-3-201; 41-6a-509

Utah Admin. Code R708-56-3 Definitions

Terms used in this rule are defined in Section 53-3-102.

History

KEY: interdicted person identifier, driver's license, identification card
Date of Last Change: June 23, 2026
Authorizing, and Implemented or Interpreted Law: 53-3-104; 63G-3-201; 41-6a-509

Utah Admin. Code R708-56-4 Interdicted Person Identifier

The division may issue a driving certificate or identification card to an interdicted person that displays an interdicted person identifier with:

(1) a prominent red stripe with the words "No Alcohol Sale" in white lettering located above the individual's photo; and

(2) the interdicted person identifier information encoded in the barcode on the back of the card.

History

KEY: interdicted person identifier, driver's license, identification card
Date of Last Change: June 23, 2026
Authorizing, and Implemented or Interpreted Law: 53-3-104; 63G-3-201; 41-6a-509

Utah Admin. Code R708-56-5 Designating or Removing an Interdicted Person Identifier

(1) The court shall include in the notification to the division under Section 41-6a-509 the beginning and end date of the interdicted designation.

(2)(a) The division shall add, remove, or modify an interdicted person identifier upon notification from the court through the electronic reporting system used to send conviction information from the court to the division.

(b) The division may accept a paper document to add, remove, or modify an interdicted person identifier if the document can be verified through the online court case system, Court Exchange, or by contacting the court directly.

History

KEY: interdicted person identifier, driver's license, identification card
Date of Last Change: June 23, 2026
Authorizing, and Implemented or Interpreted Law: 53-3-104; 63G-3-201; 41-6a-509

R710 Fire Marshal

R710-1 Concerns Servicing Portable Fire Extinguishers

Utah Admin. Code R710-1-1 Purpose

The purpose of this rule is to establish licensing requirements for business concerns servicing portable fire extinguishers and to establish the requirements for certificates of registration of persons servicing portable fire extinguishers, to establish service tag requirements, to outline adjudicative proceedings and to establish a fee schedule.

History

KEY: fire prevention, extinguishers
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-1-2 Authority

This rule is authorized by Section 53-7-204.

History

KEY: fire prevention, extinguishers
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-1-3 Definitions

(1) "Annual" means a period of one year or 365 calendar days.

(2) "Board" means Utah Fire Prevention Board.

(3) "Branch Office" means any location, other than the primary business location, where business license, telephone, advertising and servicing equipment is utilized.

(4) "Certificates of Registration" means a written document issued by the SFM to any person for the purpose of granting permission to such person to perform any act or acts for which authorization is required.

(5) "Concern" means a person, firm, corporation, partnership, or association, licensed by the SFM.

(6) "Employee" means those persons who work for a licensed concern, and may include, but shall not be limited to, those persons who work on a contractual basis.

(7) "License" means a written document issued by the SFM authorizing a concern to engage in the business of servicing portable fire extinguishers.

(8) "NFPA" means National Fire Protection Association.

(9) "Repair" means any work performed on, or to, any portable fire extinguisher, and not defined as charging, recharging, or hydrostatic testing.

(10) "USDOT" means the United States Department of Transportation.

History

KEY: fire prevention, extinguishers
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-1-4 Licensing

(1) License Required.

No person or concern shall engage in the servicing of portable fire extinguishers without a license issued by the SFM, pursuant to these rules, expressly authorizing such concern to perform such acts.

(2) Application.

(a) Application for a license to engage in the business of, or perform the servicing of portable fire extinguishers, shall be made in writing to the SFM on forms provided by the SFM. A separate application for license shall be made for each separate place or business location of the applicant (branch office).

(b) The application for a license to engage in the business of, or perform the servicing of portable fire extinguishers, shall be accompanied with proof of public liability insurance. The public liability insurance shall be issued by a public liability insurance carrier showing coverage of at least $100,000 for each incident, and $300,000 in total coverage. The licensee shall notify the SFM within thirty days after the public liability insurance coverage required is no longer in effect for any reason.

(3) Signature of Application.

The application shall be signed by the applicant. If the application is made by a partnership, it shall be signed by all partners. If the application is made by a corporation or association other than a partnership, it shall be signed by a principal officer.

(4) Equipment Inspection.

The applicant or licensee shall allow the SFM, and any of his properly authorized deputies to enter, examine, and inspect any premise, building, room, establishment, or vehicle, used by the applicant in servicing portable fire extinguishers to determine compliance with the provisions of these rules. The inspection will be conducted during normal business hours, and the owner or manager will be given a minimum of 24 hour notice before the appointed inspection. The equipment inspection may be conducted on an annual basis, and consent to inspect will be obtained. The applicant, license holder or certified employee of the license holder, may be asked during the inspection by the SFM or any of his deputies, to demonstrate skills or knowledge used in servicing of portable fire extinguishers.

(5) Issuance.

Following receipt of the properly completed application, and compliance with the provision of the statute and these rules, the SFM shall issue a license.

(6) Original License and Inspection.

Original licenses shall be valid for one year from the date of application. Thereafter, each license shall be renewed annually and renewals shall be valid for one year from issuance. No original license shall be issued until the satisfactory completion of a materials, equipment and performance inspection by the SFM.

(7) Renewal License and Inspection.

Application for renewal shall be made as directed by the SFM. The failure to renew the license will cause the license to become invalid. No renewal license will be issued until the satisfactory completion of a materials, equipment and performance inspection by the SFM. Renewal dates for licensed concerns will be based upon the expiration date. Licenses are valid for a one year period of time.

(8) Change of Address.

Every licensee shall notify the SFM, in writing, within thirty (30) days, of any change of his address or location.

(9) Under Another Name.

No licensee shall conduct his licensed business under a name other than the name or names which appears on his license.

(10) Inspection.

The holder of any license shall submit such license for inspection upon request of the SFM, or any of his properly authorized deputies, or any local fire official.

(11) SFM Notification and Certification of Registration.

Every licensed concern shall, within thirty (30) days of employment, and within thirty (30) days of termination of any employee, report to the SFM in writing, the name, address, and certificate of registration number, of every person performing any act of servicing portable fire extinguishers for such licensed concern.

(12) Type.

(a) Every license shall be identified by type. The type of license issued shall be determined on the basis of the act or acts performed by the licensee or by any of the employees. Every licensed concern shall be staffed by qualified personnel, and shall be properly equipped to perform the act or acts for the type of license issued.

(b) Licenses shall authorize any one, or any combination of the following types of activities:

(i) Type 1 - Conducting of all activities, as per (2), (3), and (4) below, or

(ii) Type 2 - Conducting hydrostatic tests of fire extinguisher cylinders using the water jacket or ultrasonic test methods after receiving a Retesters Identification Number (RIN) issued by the United States Department of Transportation (USDOT), or

(iii) Type 3 - Conducting hydrostatic tests of fire extinguisher cylinders using the proof pressure test method after receiving a Retesters Identification Number (RIN) issued by the United States Department of Transportation (USDOT), or

(iv) Type 4 - Servicing, inspecting, and maintaining all types of extinguishers, excluding hydrostatic testing.

(c) No licensed concern shall be prohibited from taking orders for the performance of any act or acts for which the concern has not been licensed to perform. Such orders shall be consigned to another licensed concern that is authorized to perform such act or acts.

(13) Examination.

Every person who performs any act or acts within the scope of the license shall pass an examination in accordance with the provisions of section 4 of these rules.

(14) Duplicate License.

A duplicate license may be issued by the SFM to replace any previously issued license, which has been lost or destroyed, upon the submission of a written statement from the licensee to the SFM. Such statement shall attest to the fact that the license has been lost or destroyed.

(15) Employer Responsibility.

Every concern shall be responsible for the acts of its employees insofar as such acts apply to the marketing, sale, distribution, and servicing of any portable fire extinguisher.

(16) Minimum Age.

No license shall be issued to any person as licensee who is under eighteen (18) years of age.

(17) Restrictive Use.

(a) No license shall constitute authorization for any licensee, or any of their employees, to enter upon, or into, any property or building other than by consent of the owner or manager.

(b) No license shall constitute authorization for any licensee, or any of their employees, to enforce any provision, or provisions, of this rule, or the International Fire Code.

(18) Non-Transferable.

No license issued pursuant to this section shall be transferred from one concern to another.

(19) Registration Number.

(a) Every license shall be identified by a number, delineated as E-(number). Such number may be transferred from one concern to another only when approved by the SFM.

(20) Minimum Materials and Equipment Required.

At each business location or vehicle of the applicant where servicing work is performed the following minimum material and equipment requirements shall be maintained:

(a) Type 4 license:

(i) Nitrogen tank.

(ii) Nitrogen regulator and hose assembly.

(iii) Minimum of twelve (12) recharge adapters.

(iv) Valve cleaning brush.

(v) Scoop.

(vi) Funnel for A:B:C.

(vii) Funnel for B:C.

(viii) A closed receptacle for dry chemical.

(ix) Fifty pound scale.

(x) A scale for cartridges.

(xi) 'O' Ring lubricant.

(xii) Tag hole Punch.

(xiii) Approved seals maximum 14 pound break strength.

(xiv) A copy of NFPA Standard 10 2010 Edition, statute, and these rules.

(xv) Minimum parts:

(A) A supply of O rings needed for standard service.

(B) A supply of valve stems for standard service.

(D) Pressure gauges for extinguisher types: 100, 150, 175, 195, 240 lbs.

(E) Carry handles and replacement handles for extinguishers.

(F) Rivets or steel roll pins for handles and levers.

(G) Dry chemical cartridges as required by manufacture specifications, to include 4 lb., 10 lb., 20 lb. and 30 lb.

(H) Inspection light for cylinders.

(J) A variety of pull pins to secure handle.

(K) Carbon Dioxide continuity tester for hoses.

(L) Halon closed recovery system.

(b) Type 3 License:

(i) Approved testing pump with a current calibration certificate for the attached gauges.

(ii) Test cage or suitable safety barrier.

(iii) Approved hydro test labels.

(iv) Hydrostatic test adapters or approved equal.

(v) Heater which produces a heated air or dry air for drying cylinders, or other approved dryer not to exceed 150 degrees Far. (66 degrees C).

Current registration number from the United States Department of Transportation (USDOT), verifying the concern as a qualified cylinder requalification facility under the provisions of the Code of Federal Regulations, 49 CFR, Section 173.34, shall be maintained for all concerns holding a type 1 or 2 license. A copy of the certification letter must be submitted to the SFM. All equipment required to perform the functions allowed as a qualified cylinder requalification facility, shall be maintained in good working order and available for inspection by the SFM.

(d) Type 1 License:

All of the equipment, provisions, and numbers as required in License types 2, 3, and 4 shall be required for a Type 1 License.

(21) Records.

Accurate records shall be maintained for five (5) years by the licensee of all service work performed. These records shall include the name and address of all servicing locations, and the date and name of the person performing the work. These records shall be made available to the SFM, or authorized deputies, upon request.

History

KEY: fire prevention, extinguishers
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-1-5 Certificates of Registration

(1) Required Certificates of Registration.

No person shall service any portable fire extinguisher without a certificate of registration issued by the SFM pursuant to these rules expressly authorizing such person to perform such acts. The provisions of this section apply to the state, universities, a county, city, district, public authority, and any other political subdivision or public corporation in this State.

(2) Exemptions.

The provisions of this section shall not apply to any person servicing any portable fire extinguisher owned by such person, when the portable fire extinguisher is not required by any statute, rule, or ordinance, to be provided or installed.

(3) Application.

Application for a certificate of registration to service portable fire extinguishers shall be made in writing to the SFM on forms provided by him. The application shall be signed by the applicant.

(4) Examination.

The SFM shall require all applicants for a certificate of registration to take and pass a written examination, which may be supplemented by practical tests, when deemed necessary, to determine the applicant's knowledge of servicing portable fire extinguishers. Picture identification of the applicant for a certificate of registration may be requested by the SFM or his deputies. Examinations will be given according to the following schedule and requirements:

(a) On the first and third Tuesdays of each month. When holidays conflict with these days, the day immediately following will be used. An appointment shall be made to take an examination at least 24 hours in advance of the examination date.

(b) Examinations may be given at various field locations, or on line, as deemed necessary by the SFM. Appointments for field examinations are required.

(c) All certification examinations given are open book examinations. The applicant is allowed to use the statute, the administrative rule, and the NFPA standard that applies to the certification examination. Any other materials to include cellular telephones, I-Pads, tablets, etc. are prohibited in the examination room unless specifically approved by the SFM.

(d) Completion of the certification examination will not be allowed if it appears to the test administrator that the applicant has not prepared to take the examination.

(e) Each certification examination taken has a time limit of two hours to completion. To successfully pass the written examination, the applicant must obtain a minimum grade of seventy percent (70%). Leaving the office or testing location before the completion of the examination voids the examination and will require the examination to be retaken by the applicant.

(f) If there are different levels of proficiency in the subject matter, the lower proficiency level will be fully completed before the next higher proficiency will be administered.

(5) Issuance.

Following receipt of the properly completed application, compliance with the provisions of these rules, and the successful completion of the required examination, the SFM shall issue a certificate of registration.

(6) Original and Renewal Valid Date.

Original certificates of registration shall be valid for one year from the date of application. Thereafter, each certificate of registration shall be renewed annually and renewals shall be valid for one year from issuance. The holder of an invalid certificate of registration shall not perform any work on portable fire extinguishers.

(7) Renewal Date.

Application for renewal shall be made as directed by the SFM. The failure to renew will cause the certificate of registration to become invalid. Renewal dates for certification of registration will be based upon the concern license renewal date and be valid for one year. Renewal certificate of registrations shall be prorated monthly, and monthly fees already paid in that time period shall be credited towards the renewal fee.

(8) Re-examination.

Every holder of a valid certificate of registration shall take a re-examination every five years, from date of original certificate, to comply with the provisions of Section 4.4 of these rules as follows:

(a) The re-examination to comply with the provisions of Section 4.4 of these rules shall consist of one open book examination, to be administered by the SFM at least 60 days before the renewal date.

(b) The re-examination will consist of questions that focus on changes in the last five years to NFPA 10, the statute, or the adopted administrative rules. The re-examination may also consist of questions that focus on practices of concern as noted by the Board or the SFM.

(d) The certificate holder is responsible to return to the SFM the correct renewal fees to complete that certificate renewal.

(9) Refusal to Renew.

The SFM may refuse to renew any certificate of registration in the same manner and for any reason that he is authorized, pursuant to Section 10, to deny an original certificate of registration. The applicant shall, upon such refusal, have the same rights as are granted by Section 10 of these rules to an applicant for an original certificate of registration which has been denied by the SFM.

(10) Inspection.

The holder of a certificate of registration shall submit such certificate for inspection, upon request of the SFM, any of his properly authorized deputies, or any local fire official.

(11) Type.

(a) Every certificate of registration shall indicate the type of act or acts to be performed and for which the applicant has qualified.

(b) No person holding a valid certificate of registration shall be authorized to perform any act unless he is a licensee or is employed by a licensed concern.

(12) Change of Address.

Any change in home address of any holder of a valid certificate of registration shall be reported in writing, by the registered person to the SFM within thirty (30) days of such change. Such change shall also be made on the reverse side of the certificate of registration by the holder.

(13) Duplicate.

A duplicate certificate of registration may be issued by the SFM to replace any previously issued certificate which has been lost or destroyed upon the submission of a written statement to the SFM from the certified person. Such statement shall attest to the certificate having been lost or destroyed.

(14) Minimum Age.

No certificate of registration shall be issued to any person who is under 18 years of age.

(15) Restrictive Use.

(a) A certificate of registration may be used for identification purposes only as long as such certificate remains valid and while the holder is employed by a licensed concern.

(b) Regardless of the acts authorized to be performed by a licensed concern, only those acts for which the applicant for a certificate of registration has qualified shall be permissible by such applicant.

(16) Right to Contest.

(a) Every person who takes an examination for a certificate of registration shall have the right to contest the validity of individual questions of such examination.

(b) Every contention as to the validity of individual questions of an examination shall be made in writing within 48 hours after taking said examination. Contentions shall state the reason for the objection.

(c) The decision as to the action to be taken on the submitted contention shall be by the SFM, and such decision shall be final.

(d) The decision made by the SFM, and the action taken, shall be reflected in all future examinations, but shall not affect the grades established in any past examination.

(17) Non-Transferable.

Certificates of Registration shall not be transferable. Individual certificates of registration shall be carried by the person to whom issued.

(18) New Employees.

New employees of a licensed concern may perform the various acts while under the direct supervision of persons holding a valid certificate of registration for a period not to exceed forty-five (45) days from the initial date of employment. By the end of such period, new employees shall have taken and passed the required examination.

(19) Certificate Identification.

Every certificate shall be identified by a number, delineated as EE-(number). Such number shall not be transferred from one person to another.

History

KEY: fire prevention, extinguishers
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-1-6 Seal of Registration

(1) Description.

The official seal of registration of the SFM shall consist of the following:

(a) The image of the State of Utah shall be in the center with an outer ring stating, "Utah State Fire Marshal".

(i) The top portion of the outer ring shall have the wording "Utah State".

(ii) The Bottom portion of the outer ring shall have the wording "Fire Marshal".

(b) Appending above the top portion and in a centered position, shall be a box provided for displaying the type of license.

(c) Appending below the bottom portion and in a centered position, shall be a box provided for the displaying of the license number assigned to the concern.

(2) Use of Seal.

No person or concern shall produce, reproduce, or use this seal in any manner or for any purpose except as herein provided.

(3) Permissive Use.

Licensed concerns shall use the Seal of Registration on every service tag conforming to section 10.

(4) Cease Use Order.

No person or concern shall continue the use of the Seal of Registration in any manner or for any purpose after receipt of a notice in writing from the SFM to that effect, or upon the suspension or revocation of the concern's license.

(5) Legibility.

Every reproduction of the Seal of Registration and every letter and number placed thereon, shall be of sufficient size to render such seal, letter, and number distinct and clearly legible.

History

KEY: fire prevention, extinguishers
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-1-7 Service Tags

(1) Size and Color.

Tags shall be not more than five and one-half inches in height, nor less than four and one-half inches in height, and not more than three inches in width, nor less than two and one-half inches in width.

(2) Attaching Tag.

One service tag shall be attached to each portable fire extinguisher in such a position as to be conveniently inspected.

(3) Tag Information.

(a) Service tags shall bear the following information:

(i) Provisions of Section 6.7.

(ii) Type of license.

(iii) Approved Seal of Registration of the SFM.

(iv) License registration "E" number.

(v) Certificate of registration "EE" number of individual who performed or supervised the service or services performed.

(vi) Signature of individual whose certificate of registration number appears on the tag.

(vii) Concern's name.

(viii) Concern's address.

(ix) Type of service performed.

(x) Type of extinguisher serviced.

(xi) Date service is performed.

(b) The above information shall appear on one side of the service tag. All other desired printing or information shall be placed on the reverse side of the tag.

(4) Legibility.

(a) The certificate of registration number required in Section 7.3(5), and the signature required in Section 7.3(6), shall be printed or written distinctly.

(b) All information pertaining to date, type of servicing, and type of extinguisher serviced shall be indicated on the card by perforations in the appropriate space provided. Each perforation shall clearly indicate the desired information.

(5) Format.

Subject to the use requirements of Section 6.4, the following format shall be used for all service tags:

EXAMPLE OF SERVICE TAG

Exception: Service tags may be printed or otherwise established for any number of years not in excess of five years.

ILLUSTRATION ON FILE IN STATE FIRE MARSHAL'S OFFICE

(6) New Tag.

A new service tag shall be attached to the extinguisher each time a service is performed.

(7) Tag Wording.

The following wording shall be placed at the top or reinforced ring end of every tag: "DO NOT REMOVE, BY ORDER OF THE STATE FIRE MARSHAL".

(8) Removal.

No person or persons shall remove a service tag, hydrostatic test tag or label, 6 year maintenance service tag or label, or verification of service collar, except when further service is performed. At that time the expired tag, label or collar shall be removed and a new tag, label or collar shall replace the expired one. No person or persons shall deface, modify, or alter any service tag, hydrostatic test tag or label, 6 year maintenance service tag or label, or verification of service collar that is required to be attached to any portable fire extinguisher.

(9) Restrictive Use.

(a) Portable fire extinguishers which do not conform with the minimum rules, shall be permanently removed from service, and shall not be tagged.

(b) Any extinguisher which fails a hydrostatic test shall be condemned, and so stamped or etched into the cylinder or shell.

(c) Extinguishers, other than one which has failed a hydrostatic test, may be provided with a tag stating the extinguisher is "Condemned" or "Rejected". Such tags shall be red in color, and shall be not less, in size, than that of an approved service tag.

(d) Service tags shall only be placed on portable fire extinguishers and wheeled units as allowed in these rules.

History

KEY: fire prevention, extinguishers
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-1-8 Portable Fire Extinguisher Rated Classification Labels

(1) Use of Label.

Any label bearing the rated classification and listing shall not be placed upon any extinguisher unless specifically authorized by the manufacturer. Any extinguisher, other than carbon dioxide, without this manufacturer's label shall not be serviced.

(2) Labels Prohibited.

Company labels or advertisement stickers other than those required herein shall not be affixed to fire extinguishers.

History

KEY: fire prevention, extinguishers
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-1-9 Amendments and Additions

(1) Restricted Service.

Any extinguisher requiring a hydrostatic test as required, shall not be serviced until such extinguisher has been subjected to, and passed the required hydrostatic test.

(2) Service.

At the time of installation, and at each annual inspection, all servicing shall be done in accordance with the manufacturer's instructions, adopted statutes, and these rules. Extinguishers shall be placed in an operable condition, free from defects which may cause malfunctions. Nozzles and hoses shall be free of obstructions or substances which may cause an obstruction.

(3) Seals or Tamper Indicator.

Seals or tamper indicators shall be constructed of approved plastic or non-ferrous wire which can be easily broken, and so arranged that removal cannot be accomplished without breakage. Such seals or tamper indicators shall be used to retain the locking pin in a locked position. Seals or tamper indicators shall be removed annually to ensure that the pull pin is free.

(4) New Extinguishers

A new extinguisher that has the date of manufacture printed on the label by the manufacturer, or date of manufacture stamped on the extinguisher by the manufacturer, does not require a service tag attached to the extinguisher until one year after the date of manufacture.

(5) Those existing sodium or potassium bicarbonate dry-chemical portable fire extinguishers, having a minimum rating of 40-B, and specifically placed for protection of commercial food heat-processing equipment, may remain in the kitchen to be used for other applications, except the protection of commercial food heat-processing equipment using vegetable or animal oils or fat cooking media.

History

KEY: fire prevention, extinguishers
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-1-10 Adjudicative Proceedings

(1) All adjudicative proceedings performed by the agency shall proceed informally as authorized by UCA, Sections 63G-4-202 and 63G-4-203.

(2) The issuance, renewal, or continued validity of a license or certificate of registration may be denied, suspended, or revoked, if the SFM finds that the applicant, person employed for, or the person having authority and management of a concern servicing portable fire extinguishers commits any of the following violations:

(a) The person or applicant is not the real person in interest.

(b) The person or applicant provides material misrepresentation or false statement on the application.

(d) The person or applicant for a license or certificate of registration does not have the proper facilities and equipment to conduct the operations for which application is made.

(e) The person or applicant for a certificate of registration does not possess the qualifications of skill or competence to conduct the operations for which application is made, as evidenced by failure to pass the examination and/or practical tests pursuant to Section 4.15 of these rules.

(f) The person or applicant fails to place a verification of service collar when required on the valve assembly of any fire extinguisher when the following occurs:

(i) re-charge;

(ii) required maintenance.

(g) The person or applicant refuses to take the examination required by Section 5.3 and Section 4.14 of these rules.

(h) The person or applicant has been convicted of one or more federal, state or local laws.

(j) The person or applicant has been convicted of a violation of the adopted rules or been found by a Board administrative proceeding to have violated the adopted rules.

(k) Any offense or finding of unlawful conduct, or there is or may be, a threat to the public's health or safety if the applicant or person were granted a license or certificate of registration.

(l) There are other factors upon which a reasonable and prudent person would rely to determine the suitability of the applicant or person to safely and competently engage in the practice of servicing portable fire extinguishers.

(3) A person whose license or certificate of registration is suspended or revoked by the SFM shall have an opportunity for a hearing before the Board if requested by that person within 20 days after receiving notice.

(4) All adjudicative proceedings, other than criminal prosecution, taken by the SFM to enforce the Utah Fire Prevention and Safety Act, and these rules, shall commence in accordance with UCA, Section 63G-4-201.

(5) The Board shall act as the hearing authority, and shall convene after timely notice to all parties involved. The Board shall be the final authority on the suspension or revocation of a license or certificate of registration.

(6) The Board shall direct the SFM to issue a signed order to the parties involved giving the decision of the Board within a reasonable time of the hearing pursuant to UCA, Section 63G-4-203.

(7) Reconsideration of the Board decision may be requested in writing within 20 days of the date of the decision pursuant to UCA, Section 63G-4-302.

(8) After a period of three years from the date of revocation, the Board shall review the submitted written application of a person whose license or certificate of registration has been revoked. After timely notice to all parties involved, the Board shall convene to review the revoked persons application, and that person shall be allowed to present themselves and their case before the Board. After the hearing, the Board shall direct the SFM to allow the person to complete the licensing or certification process or shall direct that the revocation be continued.

(9) Judicial review of all final Board actions resulting from informal adjudicative proceedings shall be conducted pursuant to UCA, Section 63G-4-402.

History

KEY: fire prevention, extinguishers
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-1-11 Fees

(1) Payment of Fees.

The required fee shall accompany the application for license or certificate of registration. License or certificate of registration fees will be refunded if the application is denied.

(2) Late Renewal Fees.

(a) Any license or certificate of registration not renewed before the license or certificate of registration expiration date will be subject to an additional fee equal to 10% of the fee.

(b) When a certificate of registration has expired for more than one year, an application shall be made for an original certificate as if the application was being made for the first time. Examinations will be re-taken with initial examination fees.

History

KEY: fire prevention, extinguishers
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

R710-2 Rules Pursuant to the Utah Fireworks Act

Utah Admin. Code R710-2-1 Purpose

The purpose of this rule is to establish the minimum safety standards for retail storage, handling, and sale of division 1.4g common state approved explosives indoor or outdoor; and requirements for licensing of importer, wholesaler, display operator, special effects operator, flame effects operator, and flame effect performing artist.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-2-2 Authority

This rule is authorized by Section 53-7-204.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-2-3 Definitions

(1) "AHJ" means authority having jurisdiction, and includes such county and municipal officers who are charged with the enforcement of state and municipal laws; consisting of fire enforcement officials including designated staff from the state Department of Public Safety.

(2) "Aerial device" means a cake that is a collection of mine or shell tube that has a single covered fuse which is used to light several tubes in sequence. A cake may also be defined as an aerial repeater or multi-shot aerial and does not exceed more than 500 grams of pyrotechnic composition.

(3) "Bin" means a container or enclosed space for storing or displaying aerial fireworks that would reasonably limit the effect of the pyrotechnic material if ignited, and would not allow rapid spread of the fire to areas away from the immediate area of ignition.

(4) "Constant Visual Supervision" means that visual supervision is continually occurring or regularly recurring.

(5) "Covered fuse" means a fuse or designed point of ignition that is protected against accidental ignition by contact with a spark, smoldering item or small open flame.

(6) "Designated Store Employee" means a specific employee assigned that title or the employee who works at the work station where the measurement was taken to the aerial fireworks display.

(7) "Direct Line of Sight" means there is a clear unobstructed view to the aerial fireworks display.

(8) "Flame Effects" means Flame Effects Operator or Flame Effects Performing Artist.

(9) "Flame Effects Performing Artist" means a fire spinner, fire dancer or fire performer who is paid to perform professionally in a public location.

(10) "IFC" means International Fire Code.

(11) "Licensed Operator" means any person who discharges, ignites, supervises, manages, oversees or directs the discharge of display fireworks, special effects fireworks, flame effects or flame effects performing artist.

(12) "NFPA" means National Fire Protection Association.

(13) "Permanent structure" means a non-movable building, securely attached to a foundation, housing a business.

(14) "Person" means an individual, company, partnership or corporation.

(15) "Pre-packaged" means that the product is wrapped in a clear plastic wrap or other equivalent material to prevent the fuse of the division 1.4G common state approved explosive from being accessible to the customer.

(16) "SFM" means the State Fire Marshal.

(17) "Tent" means a temporary structure, enclosure or shelter constructed of fabric or pliable material supported by any manner except by air or the contents it protects.

(18) "Temporary Stands and Trailers" means a non-permanent structure used exclusively for the sale of fireworks.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-2-4 General Requirements

(1) No person shall engage in any type of retail storage or sale of division 1.4g common state approved explosives, without first having obtained a license to sell fireworks from the authority having jurisdiction, if required.

(2) If a municipality or county in which fireworks are offered for sale, requires a seller to obtain a license, it shall be available at the store or stand for presentation upon request to authorized public safety officials.

(3) Each fireworks retail sales location shall be under the direct supervision of a responsible person who is 18 years of age or older.

(4) Those selling fireworks at retail sales locations shall be at least 16 years of age or older.

(5) A salesperson shall remain at the sales location at all times unless suitable locking devices or secured metal storage containers are provided to prevent the unauthorized access to the merchandise by others.

(6) Division 1.4g common state approved explosives shall not be sold to any person under the age of 16 years, unless accompanied by an adult.

(7) Each retail sales location shall be kept clear of dry grass or other combustible material for a distance of at least 25 feet in any direction.

(8) Storage of division 1.4g common state approved explosives shall not be located in residences to include attached garages.

(9) "No Smoking" signs shall be conspicuously posted at each sales and storage location.

(10) A sign, clearly visible to the general public, shall be posted at each fireworks sales location, indicating the legal dates for discharge of fireworks.

(11) Each retail sales location shall be equipped with an approved, portable fire extinguisher having a minimum 2A rating.

(12) Division 1.4g common state approved explosives shall only be stored, handled, displayed, and sold as packaged units with covered fuses.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-2-5 Indoor Sales

(1) Display of division 1.4g common state approved explosives inside of buildings shall be so located to ensure constant visual supervision.

(2) In each retail sales location in a permanent structure, the area where division 1.4g common state approved explosives are displayed or stored shall be at least 50 feet from any flammable liquid or gas, or other highly combustible material.

(3) In permanent structures, retail sales displays of division 1.4g common state approved explosives shall not be placed in locations that would impede egress from the building.

(4) Display of division 1.4g common state approved explosives inside of buildings protected throughout with an automatic fire sprinkler system shall not exceed 25% of the area of the retail sales floor or exceed 600 square feet, whichever is less.

(5) Display of division 1.4g common state approved explosives inside of buildings not protected with an automatic fire sprinkler system shall not exceed 125 pounds of pyrotechnic composition. Where the actual weight of the pyrotechnic composition is not known, 25% of the gross weight of the consumer fireworks, including packaging, shall be permitted to be used to determine the weight of the pyrotechnic composition.

(6) Display of division 1.4g common state approved explosives inside of buildings shall not exceed a height greater than six feet above the floor surface.

(7) Rack storage of division 1.4g common state approved explosives inside of buildings is prohibited.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-2-6 Temporary Stands, Trailers and Tents

(1) Temporary stands, trailers and tents less than 200 square feet used for the retail sales of division 1.4g common state approved explosives shall be constructed in compliance with local rules, or if none, in accordance with nationally recognized practice. Tents having an area in excess of 200 square feet shall comply with IFC, Chapter 31.

(2) The general public shall not be allowed to enter a temporary stand or trailer.

(3) Each stand, trailer or tent less than 200 square feet shall have a minimum three foot wide unobstructed aisle, running the length of the stand, trailer or tent.

(4) Each tent where a customer enter inside shall have a minimum three foot wide unobstructed aisle and two separate exits located a reasonable distance apart and so located that if one is blocked the other will be available.

(5) The area used for sales of division 1.4g common state approved explosives in stands, trailers or tents shall be arranged to permit the customer to only touch or handle pre-packaged division 1.4g common state approved explosives. Non pre-packaged division 1.4g common state approved explosives shall be displayed in a manner which prevents the fireworks from being handled by the customer without the direct intervention of the retailer who shall be able to maintain visual contact with the customer.

(6) Temporary stands, trailers or tents for the sale of division 1.4g common state approved explosives shall be located at least 50 feet from other stands, trailers, tents, LPG, flammable liquid or gas storage and dispensing units.

(7)(a) If the stand or trailer is used for the overnight storage of division 1.4g common state approved explosives, it shall be equipped with suitable locking devices to prevent unauthorized entry.

(b) Tents shall not be used for overnight storage of division 1.4g common state approved explosives unless on site security is provided.

(8) No person shall be allowed to sleep in any temporary stand, trailer or tent in which division 1.4g common state approved explosives are stored or sold.

(9)(a) Stands, trailers or tents shall not be illuminated or heated by any device requiring an open flame or exposed heating elements.

(b) Heaters shall be approved by the AHJ.

(10) Any illumination shall be installed in accordance with the temporary wiring section of the National Electric Code and approved by the AHJ.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-2-7 Display, Sale, and Signage of Aerial Devices

(1) In addition to those requirements in Sections R710-2-4 through R710-2-6, any aerial devices shall be packaged and displayed for sale in a manner that would provide public safety by completing one of the following:

(a) provide constant visual supervision by direct line of sight by a designated store employee where the aerial display is not more than 25 feet from the designated employee's work station;

(b) provide constant visual supervision by direct line of sight by a store employee when the following requirements are met:

(i) the aerial display shall not be more than 40 feet from the designated employee's work station.

(ii) the aerial devices are restrained by using at least one of the following methods:

(A) the aerial devices are placed in a bin or bins that meets the definition stated in Section R710-2-3; or

(B) the aerial device shall have an additional layer of packaging requiring that the additional layer of packaging be punctured or torn to gain access to the fuse cover; or

(C) place the aerial devices in an area that is physically separated from the public so that the customer cannot handle the aerial devices without the assistance of an employee.

(2) Where aerial devices are sold in permanent structures, the aerial device display shall be placed in a location that gives the customer access to the aerial devices just before the customer checks out and exits the store.

(3) Wherever aerial devices are sold, there shall be signage with a minimum font of one inch, to warn and inform the customer of the dangers of aerial devices and the signage shall state the following:

(a) aerial fireworks are designed to travel up to 150 feet into the air and then explode;

(b) aerial fireworks shall be placed on a hard level surface outdoors, in a clear and open area before ignition;

(d) ignition of aerial fireworks shall be a minimum of 30 feet from any structure or vertical obstruction;

(e) aerial fireworks shall not be ignited within 150 feet of the point of sale; and

(f) please read and obey safe handling instructions before using aerial fireworks.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-2-8 Display Operator, Special Effects Operator, Flame Effects Operator, or Flame Effects Performing Artist Licenses

(1) Application for a display operator, special effects operator, flame effects operator, or flame effects performing artist license shall be made in writing on forms provided by the SFM.

(2) Application for a license shall be signed by the applicant.

(3)(a) Original licenses shall be valid from the date of issuance through December 31st of the year in which issued.

(b) Original licenses issued on or after October 1st, will be valid through December 31st of the following year.

(4)(a) Application for renewal of license shall be made before January 1st of each year.

(b) Application for renewal shall be made in writing on forms provided by the SFM.

(5)(a) The SFM may refuse to renew any license pursuant to Section R710-2-10.

(b) The applicant, upon such refusal, shall also have those rights as are granted by Section R710-2-10.

(6) Every licensee shall notify the SFM, in writing, within 30 days of any change of address or location.

(7) No licensee shall conduct licensed business under a name other than the name which appears on the license.

(8) No license shall be issued to any person as licensee who is under 21 years of age.

(9) The holder of any license shall submit such license for inspection upon request of the SFM, SFM authorized deputies, or any authorized enforcement official.

(10) The applicant shall state on the application which license the applicant wishes to apply for:

(a) Display Operator;

(b) Special Effects Operator;

(d) Flame Effects Performing Artist.

(11) Every person who wishes to secure a display licensed operator, special effects licensed operator, or flame effects licensed operator original license shall demonstrate proof of competence by:

(a)(i) successfully passing an open book written examination and obtaining a minimum grade of 70%;

(ii) the applicant is allowed to use the statute, the administrative rule, and the NFPA standard that applies to the certification examination;

(b) submit written verification with the application of having completed a display operators safety class, a special effects operators safety class, a flame effects operator safety class or demonstrate previous experience acceptable to the SFM; and

(c) submit written verification with the application that the applicant has worked with a licensed display operator, special effects operator, or a flame effects operator for at least three shows or demonstrate previous experience acceptable to the SFM.

(12) Every person who wishes to secure an original flame effects performing artist operator license shall demonstrate proof of competence by:

(a) Successfully passing an open book written examination and obtaining a minimum grade of 70%.

(b) The applicant is allowed to use the statute, the administrative rule, NFPA 160, and the Artisan and Performer Safety Standards prepared by the SFM.

(c) Submit written verification with the application of having received a flame effects performing artist safety class or demonstrate previous experience acceptable to the SFM.

(d) Submit written verification with the application that the applicant has worked with a licensed flame effects performing artist for at least five training meetings or practice sessions or demonstrate previous experience acceptable to the SFM.

(13) Every holder of a valid license identified in Subsections R710-02-7(11) and R710-02-07(12) shall take a re- examination every five years, from date of original issuance.

(a) Applicants seeking an original license as stated in Subsection R710-2-8(11), may perform the various acts while under the direct supervision of a person holding a valid license for a period not to exceed 45 days.

(b) By the end of the 45-day period, the applicant shall have taken and passed the required examination and completed any other licensing requirements.

(15) At the end of the five-year period the licensed display operator, special effects operator, flame effects operator, or flame effects performing artist shall take a re-examination.

(a) The re-examination shall be open book and sent to the license holder at least 60 days before the renewal date.

(b) The re-examination shall focus on the changes in the last 5 years to the adopted standards.

(c) The license holder is responsible to complete the re-examination and return it to the division in time to renew and also comply with the requirements listed in Subsection R710-2-8(16).

(16) After the issuance of the original license, and each year thereafter, the display operator, special effects operator, flame effects operator, or flame effects performing artist shall complete a minimum of one of the following:

(a) complete one show or performance annually;

(b) attend an operator safety class or flame effects performing artist meeting annually; and

(c) work with another licensed display operator, special effects operator, flame effects operator, or flame effects performing artist with a show annually to demonstrate proof of competence.

(17) When the license has expired for more than one year, an application shall be made for an original license and the initial requirements shall be completed as required in Subsections R710-2-8(11) and R710-2-8(12).

(18) Every person who wishes to secure a display operator, special effects operator, flame effects operator, or flame effects performing artist license shall be at least 21 years of age.

(19)(a) Every licensed display operator, special effects operator, flame effects operator, or flame effects performing artist shall complete an After Action Report within ten working days after the conclusion of any show and send it to the State Fire Marshal.

(b) If there are more than one licensed operator involved in the show, only one After Action Report needs to be sent to the State Fire Marshal for that show.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-2-9 Importer or Wholesaler License

(1) Application for an importer or wholesaler license shall be made in writing on forms provided by the SFM.

(2) Application for a license shall be signed by the applicant.

(a) If the application is made by a partnership, it shall be signed by each partner.

(b) If the application is made by a corporation or association, it shall be signed by a principal officer.

(3)(a) Original licenses shall be valid from the date of issuance through December 31st of the year in which issued.

(b) Original licenses issued on or after October 1st, will be valid through December 31st of the following year.

(4)(a) The SFM may refuse to renew any license pursuant to Section R710-2-10.

(b) The applicant, upon such refusal, shall also have those rights as are granted by Section R710-2-10.

(5) Every licensee shall notify the SFM within 30 days of any change of address or location.

(6) No licensee shall conduct licensed business under a name other than the name which appears on the license.

(7) No license shall be issued to any person as licensee who is under 21 years of age.

(8) The holder of any license shall submit such license for inspection upon request of the SFM, SFM authorized deputies, or any authorized enforcement official.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-2-10 Adjudicative Proceedings

(1) Adjudicative proceedings performed by the agency shall proceed informally as set forth in this rule and as authorized by Sections 63G-4-202 and 63G-4-203.

(2) The issuance, renewal, or continued validity of a license may be denied, suspended or revoked, if the SFM, or an authorized deputy finds that the applicant, licensee, person employed for, the person having authority and management of a concern commits any of the following violations:

(a) the person or applicant is not the real person in interest;

(b) the person of applicant provides material misrepresentation or false statement on the application;

(d) the person or applicant for a license does not possess the qualifications of skill or competence to conduct operations for which application is made, as evidenced by failure to pass the written examination, demonstrate practical skills or complete the safety class;

(e) the person or applicant has been convicted of one or more federal, state or local laws;

(f) failure to accurately complete the After Action Report;

(g) the person or applicant has been convicted of a violation of the adopted rules or been found by a Board administrative proceeding to have violated the adopted rules;

(h) any offense or finding of unlawful conduct, or there is or may be, a threat to the public's health or safety if the applicant or person were granted a license or certificate of registration; or

(i) there are other factors upon which a reasonable and prudent person would rely to determine the suitability of the applicant or person to safely and competently engage in the practice of being an importer, wholesaler, display operator, special effects operator, flame effects operator or flame effects performing artist.

(3) A person may request a hearing on a decision made by the AHJ, by filing an appeal to the board within 20 days after receiving final notice from the AHJ.

(4) Adjudicative proceedings, other than criminal prosecution, taken by the AHJ to enforce the Utah Fire Prevention and Safety Act, and this rule, shall commence in accordance with Section 63G-4-201.

(5) The board shall act as the hearing authority, and shall convene as an appeals board after timely notice to each party involved.

(6) The board shall direct the SFM to issue a signed order to the parties involved giving the decision of the board within a reasonable time of the hearing pursuant to Section 63G-4-203.

(7) Reconsideration of the board's decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

(8) After a period of three years from the date of revocation, the board shall review the submitted written application of a person whose license or certificate of registration has been revoked.

(a) After timely notice to each party involved, the board shall convene to review the revoked persons application, and that person shall be allowed to present themselves and their case before the board.

(b) After the hearing, the board shall direct the SFM to allow the person to complete the licensing or certification process or shall direct that the revocation be continued.

(9) Judicial review of final board actions resulting from informal adjudicative proceedings shall be conducted pursuant to Section 63G-4-402.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-2-11 Amendments and Additions

(1) The following are amendments and additions to the codes and standards adopted to regulate division 1.4g common state approved explosives, placement and discharge of display fireworks, and importer, wholesaler, display or special effects operator licenses.

(2) IFC, Chapter 56, Sections 5601.2.1 and 5601.2.2 are deleted, and rewritten to read as follows:

(a) For the following periods of time: June 1 through July 31; December 1 through January 5; and 30 days before and up to 5 days after the Chinese New Year; division 1.4g common state approved explosives may be stored for retail sale as follows:

(i) the retail seller shall notify the local fire authority to where the division 1.4g common state approved explosives are to be stored;

(ii) division 1.4g common state approved explosives shall not be stored in residences to include attached garages; and

(iii) the local fire authority shall approve the storage site of the division 1.4g common state approved explosives and may use the following guidelines for acceptable places of storage:

(A) in self storage units where the owner allows it;

(B) in a temporary stand or trailer used for the retail sales of division 1.4g common state approved explosives, which must be locked or secured when not open for business;

(D) in a locked or secured container, garage, shed, barn, or other building, which is detached from an inhabited building;

(E) a wholesalers warehouse;

(F) an approved Group M occupancy;

(G) in a locked or secured metal container adjacent to the temporary stand, trailer or tent that is acceptable to the authority having jurisdiction; or

(H) any other structure or location approved by the authority having jurisdiction.

(b) During any other periods of time, except those stated in Subsection R710-2-11(2)(a), the storage, use, and handling of fireworks are prohibited, except as follows:

(i) the storage and handling of fireworks are allowed as required in IFC, Chapter 56 and this rule; and

(ii) the use of fireworks for display is allowed as set forth in IFC, Chapter 56 and this rule.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-2-12 Fire Department Displays

(1) A fire department's involvement in the discharge of display fireworks is allowed only for the discharge of display fireworks in that fire departments community or communities it has a contract to protect.

(2) Within ten working days after the conclusion of a fireworks display, the fire chief or an assigned fire department member shall complete an After Action Report and send it to the State Fire Marshal.

(3)(a) Any fire department member that will be involved in the discharge site as defined in NFPA 1123, shall complete a fireworks display safety class and examination on-line yearly to be allowed in the discharge area during the display.

(b) A copy of the completed certificate shall be sent to the SFM yearly to be placed in the fire department file.

(4) Any fireworks purchased by a community or fire department outside of the state shall require the securing of an annual importers license as required in Section 53-7-224.

History

KEY: fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

R710-3 Assisted Living Facilities

Utah Admin. Code R710-3-1 Purpose

The purpose of this rule is to establish the minimum standards for prevention of fire and for the protection of life and property against fire and panic in assisted living facilities.

History

KEY: assisted living facilities
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-3-2 Authority

This rule is authorized by Section 53- 7- 204.

History

KEY: assisted living facilities
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-3-3 Definitions

(1) "Ambulatory" means a person who is capable of achieving mobility sufficient to exit without the physical assistance of another person. An equivalency to "Ambulatory" may be approved under the conditions stated in Subsections R710-3-4(2)(h), R710-3-4(3)(f), or R710-3-4(4)(j).

(2) "Assisted Living Facility" means:

(a) a Type 1 Assisted Living Facility, which is a residential facility subject to licensure by the Utah Department of Health, that provides a protected living arrangement for ambulatory, non-restrained persons who are capable of achieving mobility sufficient to exit the facility without the physical assistance of another person;

(b) a Type 2 Assisted Living Facility, which is a residential facility subject to licensure by the Utah Department of Health, that provides an array of coordinated supportive personal and health care services to residents who meet the definition of semi-independent; or

(c) a Residential Treatment/Support Assisted Living Facility, which creates a group living environment for four or more residents contracted by the Division of Services to People with Disabilities and subject to licensure by the Utah Department of Human Services, and provides a protected living arrangement for ambulatory, non-restrained persons who are capable of achieving mobility sufficient to exit the facility without the physical assistance of another person.

(d) Assisted Living Facilities shall be classified by size as follows:

(i) "Type 1, 2, and Residential Treatment/Support Limited Capacity Facility" means an assisted living facility accommodating five or less residents, excluding staff.

(ii) "Type 1, 2, and Residential Treatment/Support Small Facility" means an assisted living facility accommodating at least six and not more than 16 residents, excluding staff.

(iii) "Type 1, 2, and Residential Treatment/Support Large Facility" means an assisted living facility accommodating more than sixteen residents, excluding staff.

(3) "Authority Having Jurisdiction (AHJ)" means the State Fire Marshal, his duly authorized deputies, or the local fire enforcement authority.

(4) "Board" means Utah Fire Prevention Board.

(5) "Compromised Ambulatory Capacity" means physical or mental incapacitations that inhibit a persons ability to exit a facility unassisted.

(6) "IBC" means International Building Code.

(7) "ICC" means International Code Council, Inc.

(8) "IFC" means International Fire Code.

(9) "Licensing Authority" means the Utah Department of Health or the Utah Department of Human Services.

(10) "Semi-independent" means a person who is:

(a) physically disabled but able to direct his or her own care; or

(b) cognitively impaired or physically disabled but able to evacuate from the facility with the physical assistance of one person.

(11) "SFM" means State Fire Marshal.

History

KEY: assisted living facilities
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-3-4 Amendments and Additions

(1) General Requirements

(a) All facilities shall be inspected annually and obtain a certificate of fire clearance signed by the AHJ.

(b) All facility administrators shall develop emergency plans and preparedness as required in IFC, Chapter 4.

(c) An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances, and equipment shall be approved. The automatic fire detectors shall be smoke detectors, except an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during normal operation, products of combustion are present in sufficient quantity to actuate a smoke detector.

(2) Type I Assisted Living Facilities

(a) Type I Limited Capacity Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-3, and maintained in accordance with the IBC and IFC.

(b) Type I Limited Capacity Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

(c) Residents in Type I Limited Capacity Assisted Living Facilities shall be housed on the first story only, unless an approved outside exit leading to the ground level is provided from any upper or lower level. Split entry/split level type homes in which stairs to the lower and upper level are equal or nearly equal, may have residents housed on both levels when approved by the AHJ.

(d) In Type I Limited Capacity Assisted Living Facilities, resident rooms on the ground level, shall have emergency escape or rescue opening as required in IFC, Chapter 10, Section 1030.

(e) In Type I Limited Capacity Assisted Living Facilities an approved independent smoke detector shall be installed and maintained by location as required in IFC, Chapter 9, Section 907.2.11.2.

(f) Type I Small Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-4, and maintained in accordance with the IBC and IFC.

(g) Type I Small Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

(h) In a Type I Assisted Living Facility, non-ambulatory persons are permitted after receiving approval for a variance from the Utah Department of Health as allowed in Utah Administrative Code, R432-2-18.

(3) Type II Assisted Living Facilities

(a) Type II Limited Capacity Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-4, and maintained in accordance with the IBC and IFC.

(b) Type II Limited Capacity Assisted Living Facilities shall have an approved automatic fire extinguishing system installed in compliance with the IBC and IFC, or provide a staff to a resident ratio of one to one on a 24 hour basis.

(c) Type II Small Assisted Living Facilities shall be constructed in accordance with IBC, Institutional Group I-1, and maintained in accordance with the IBC and IFC.

(d) Type II Small Assisted Living Facilities shall have a minimum corridor width of six feet.

(i) Type II Small Assisted Living Facilities licensed before November 16, 2004, shall have a minimum corridor width of six feet or a path of egress that is acceptable to the AHJ.

(e) Type II Large Assisted Living Facilities shall be constructed in accordance with IBC, Institutional Group I-2, and maintained in accordance with the IBC and IFC.

(i) An automatic fire sprinkler system shall be provided throughout buildings classified as Group I. Listed quick response or residential sprinkler heads shall be installed in patient or resident sleeping areas.

(f) In a Type II Assisted Living Facility, non-ambulatory persons are permitted after receiving approval for a variance from the Utah Department of Health as allowed in Utah Administrative Code, R432-2-18.

(4) Residential Treatment/Support Assisted Living Facilities

(a) Residential Treatment/Support Limited Capacity Assisted Living Facility shall be constructed in accordance with IBC, Residential Group R-3, and maintained in accordance with the IBC and IFC.

(b) Residential Treatment/Support Limited Capacity Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

(c) Residents in Residential Treatment/Support Limited Capacity Assisted Living Facilities shall be housed on the first story only, unless an approved outside exit leading to the ground level is provided from any upper or lower level. Split entry/split level type homes in which stairs to the lower and upper level are equal or nearly equal, may have residents housed on both levels when approved by the AHJ.

(d) In Residential Treatment/Support Limited Capacity Assisted Living Facilities, resident rooms on the ground level, shall have emergency escape or rescue windows as required in IFC, Chapter 10, Section 1029.

(e) In Residential Treatment/Support Limited Capacity Assisted Living Facilities an approved independent smoke detector shall be installed and maintained by location as required in IFC, Chapter 9, Section 907.2.11.2.

(f) Residential Treatment/Support Small Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-4, and maintained in accordance with the IBC and IFC.

(i) IFC, Chapter 9, Section 903.2.8 is amended to add the following: Exception: Residential Treatment/Support Assisted Living Facility classified as Group R-4, not more than 4500 gross square feet, and not containing more than 16 ambulatory, non-restrained residents, is allowed provided the building is equipped throughout with an approved fire alarm system that is interconnected and receives its primary power from the building wiring.

(g) Residential Treatment/Support Small Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

(h) Residential Treatment/Support Large Assisted Living Facilities shall be constructed in accordance with IBC, Institutional Group I-1, and maintained in accordance with the IBC and IFC.

(j) In a Residential Treatment/Support Assisted Living Facility, residents with compromised ambulatory capacity that can demonstrate the ability to exit the facility unassisted in two minutes or less, and meet the requirements listed in Utah Administrative Code, R501-2-11, Emergency Plans, may receive approval from the Office of Licensing, Utah Department of Human Services, to remain in the facility as a resident.

(i) In those facilities where the Office of Licensing, Department of Human Services, determines that the resident cannot exit the facility unassisted in two minutes or less, the facility management shall complete one of the following:

(A) make accommodations, changes or enact an emergency plan that guarantees the exiting of the resident in two minutes or less;

(B) provide a staff to resident ratio of one to one on a 24 hour basis;

(D) move the resident from the facility.

History

KEY: assisted living facilities
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-3-5 Repeal of Conflicting Board Actions

All former Board actions, or parts thereof, conflicting or inconsistent with the provisions of this Board action or of the codes hereby adopted, are hereby repealed.

History

KEY: assisted living facilities
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-3-6 Validity

The Board hereby declares that should any section, paragraph, sentence, or word of this Board action, or the codes adopted, be declared invalid, it is the intent of the Board that it would have passed all other portions of this action, independent of the elimination of any portions as may be declared invalid.

History

KEY: assisted living facilities
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-3-7 Conflicts

In the event where separate requirements pertain to the same situation in the adopted codes, the more restrictive requirement shall govern, as determined by the AHJ.

History

KEY: assisted living facilities
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-3-8 Adjudicative Proceedings

(1) All adjudicative proceedings performed by the agency shall proceed informally as set forth herein and as authorized by UCA, Sections 63G-4-202 and 63G-4-203.

(2) A person may request a hearing on a decision made by the AHJ by filing an appeal to the Board within 20 days after receiving final decision from the AHJ.

(3) All adjudicative proceedings, other than criminal prosecution, taken by the AHJ to enforce the Utah Fire Prevention and Safety Act, and these rules, shall commence in accordance with UCA, Section 63G-4-201.

(4) The Board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved.

(5) The Board shall direct the SFM to issue a signed order to the parties involved giving the decision of the Board within a reasonable time of the hearing pursuant to UCA, Section 63G-4-203.

(6) Reconsideration of the Boards decision may be requested in writing within 20 days of the date of the decision pursuant to UCA, Section 63G-4-302.

(7) Judicial review of all final Board actions resulting from informal adjudicative proceedings is available pursuant to UCA, Section 63G-4-402.

History

KEY: assisted living facilities
Date of Last Change: August 15, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

R710-4 Buildings Under the Jurisdiction of the State Fire Prevention Board

Utah Admin. Code R710-4-1 Purpose

This rule establishes minimum standards for the prevention of fire and for the protection of life and property against fire in any publicly owned building.

History

KEY: fire prevention, public buildings
Date of Last Change: June 26, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-4-2 Authority

This rule is authorized by Section 53-7- 204.

History

KEY: fire prevention, public buildings
Date of Last Change: June 26, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-4-3 Adoption

The following chapters from NFPA, Standard 101, Life Safety Code, 2021 edition, are the only chapters incorporated by reference in this rule: Chapter 18 - New Health Care Occupancies; Chapter 19 - Existing Health Care Occupancies; Chapter 20 - New Ambulatory Health Care Occupancies; Chapter 21 - Existing Ambulatory Health Care Occupancies; Chapter 22 - New Detention and Correctional Occupancies; Chapter 23 - Existing Detention and Correctional Occupancies; and other sections referenced within and pertaining to these chapters only. Wherever there is a section, figure or table in NFPA 101 that references "NFPA 5000 - Building Construction and Safety Code", that reference shall be replaced with the similar reference in the state adopted building code.

History

KEY: fire prevention, public buildings
Date of Last Change: June 26, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-4-4 Definitions

(1) Terms used in this rule are defined in Section 53-7-102.

(2) In addition:

(a) "authority having jurisdiction" or "AHJ" means the State Fire Marshal, deputies authorized by the State Fire Marshal, or the local fire enforcement authority;

(b) "IMC" means the International Mechanical Code, incorporated by reference under Section 15A-2-103;

(d) "NFPA Standard 72" means the National Fire Protection Association Standard 72, National Fire Alarm Signaling Code, 2019 edition, incorporated by reference in this rule, and amended by Section 15A-5-302.

History

KEY: fire prevention, public buildings
Date of Last Change: June 26, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-4-5 Amendments and Additions

(1) Water Supply Analysis:

(a) an architect or engineer shall provide a water supply analysis for proposed construction in both sprinklered and nonsprinklered buildings;

(b) the architect or engineer shall provide the water supply analysis during the preliminary design phase of the proposed construction;

(c) an AHJ may not approve the plan review without the water supply analysis being provided or receipt of a previously submitted and approved water supply analysis within the last 12 months; and

(d) the water analysis shall be representative of the supply that may be available at the time of a fire.

(2) Fire Alarm Systems:

(a) each state-owned building, college and university building, school with an occupant load of 50 or more, and I and R-4 occupancy shall have an approved fire alarm system with the following features:

(i) where structures are not protected or are partially protected with an automatic fire sprinkler system, approved automatic detectors shall be installed in accordance with the complete coverage requirements of NFPA, Standard 72; and

(ii) in public and private elementary and secondary schools, manual fire alarm boxes shall be provided in the boiler room, kitchen, and main administrative office of each building, and any other areas as determined by the division.

(3) Main Panel:

(a) an approved key plan drawing and operating instructions shall be posted at the main fire alarm panel which displays the location of all alarm zones and if applicable, device addresses;

(b) the main panel shall be located in a normally attended area such as the main office or lobby; and

(i) shall require the review and authorization of the division;

(ii) an electronically supervised remote annunciator from the main panel shall be located in a supervised area of the building;

(iii) the remote annunciator shall visually indicate system power status, alarms for each zone, and give both a visual and audible indication of trouble conditions in the system; and

(iv) all indicators on both the main panel and remote annunciator shall be adequately labeled.

(4) System Wiring Class:

(a) fire alarm system wiring shall be designated and installed as follows:

(i) the initiating device circuits shall be designated and installed Class A as defined in NFPA, Standard 72;

(ii) the notification appliance circuits shall be designated and installed Class A as defined in NFPA, Standard 72; and

(iii) signaling line circuits shall be designated and installed Class A loop as defined in NFPA, Standard 72.

(5) Fan Shut Down:

(a) fan shut down shall be as required in the IMC; and

(b) duct detectors required by the IMC, shall be interconnected, and compatible with the fire alarm system.

(6) Time Out and Seclusion Rooms:

(a) time out and seclusion rooms are allowed in occupancies protected by an automatic fire alarm system;

(b) a vision panel shall be provided in the room door for observation purposes;

(c) time out and seclusion room doors may not be fitted with a lock unless it is a self-releasing latch that releases automatically if not physically held in the locked position by an individual on the outside of the door; and

(d) time out and seclusion rooms shall be located where a responsible adult can maintain visual monitoring of the person and room.

History

KEY: fire prevention, public buildings
Date of Last Change: June 26, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-4-6 Conflicts

In the event where separate requirements pertain to the same situation in the same code, or between different codes as adopted, the more restrictive requirement shall govern, as determined by the AHJ, or the AHJ's designated authorized representative.

History

KEY: fire prevention, public buildings
Date of Last Change: June 26, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-4-7 Adjudicative Proceedings

(1) Adjudicative proceedings performed by the division or board are designated as informal adjudicative proceedings under Section 63G-4-202.

(2) A person may request a hearing on a decision made by the AHJ, by filing an appeal to the board within 20 days after receiving final decision from the AHJ.

(3) Adjudicative proceedings performed by the division or board to enforce the Utah Fire Prevention and Safety Act, and this rule, shall commence in accordance with Section 63G-4-201.

(4) The board shall act as the hearing authority and convene as an appeals board after timely notice to each party involved.

(5) The board shall issue a signed order to the parties involved pursuant to Section 63G-4-203.

(6) Reconsideration of the board's decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

(7) Judicial review of any final board action resulting from an informal adjudicative proceeding is available pursuant to Section 63G-4-402.

History

KEY: fire prevention, public buildings
Date of Last Change: June 26, 2025
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

R710-5 Automatic Fire Sprinkler System Inspecting and Testing

Utah Admin. Code R710-5-1 Purpose

The purpose of this rule is to establish the minimum rules to provide regulation to those who inspect and test Automatic Fire Sprinkler Systems.

History

KEY: automatic fire sprinklers
Date of Last Change: August 23, 2016
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-5-2 Authority

This rule is authorized by Section 53-7-204.

History

KEY: automatic fire sprinklers
Date of Last Change: August 23, 2016
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-5-3 Definitions

(1) "Annual" means a period of one year or 365 calendar days.

(2) "Authority Having Jurisdiction (AHJ)" means the State Fire Marshal, his duly authorized deputies, or the local fire enforcement authority.

(3) "Board" means Utah Fire Prevention Board.

(5) "NFPA" means National Fire Protection Association.

(6) "NICET" means National Institute for Certification in Engineering Technologies.

(7) "SFM" means State Fire Marshal or authorized deputy.

History

KEY: automatic fire sprinklers
Date of Last Change: August 23, 2016
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-5-4 Certificates of Registration

(1) No person shall engage in the inspecting and testing of automatic fire sprinkler systems without first receiving a certificate of registration issued by the SFM as required in Section 53-7-225.5.

(2) The following groups are exempted from the requirements of this part:

(a) the AHJ that is performing the initial installation acceptance testing of the automatic fire sprinkler system or ongoing inspections to verify compliance with the adopted NFPA standards and these rules; or

(b) the building owner or designee that performs additional periodic inspections beyond the annual inspection required in Section R710-5-7(2), to satisfy requirements set by company policy, insurance, or risk management.

(3) Application for a certificate of registration to inspect and test automatic fire sprinkler systems shall be made in writing to the SFM on forms provided the SFM and signed by the applicant.

(a) The SFM or his deputies may request picture identification of the applicant for a certificate of registration.

(b) The applicant shall indicate on the application which of the four technician levels the applicant will apply for:

(i) Technician I;

(ii) Technician II

(iii) Technician III; or

(iv) Master Technician.

(c) The application for a certificate of registration shall be accompanied with proof of public liability insurance from the certificate holder or employing concern.

(i) A public liability insurance carrier showing coverage of at least $100,000 for each incident, and $300,000 in total coverage shall issue the public liability insurance.

(ii) The certificate of registration holder shall notify the SFM within 30 days after the public liability insurance coverage required is no longer in effect for any reason.

(4) The SFM shall require all applicants for a certificate of registration as a technician to complete the following:

(a) Technician I shall:

(i) pass a written examination on wet pipe sprinkler systems, antifreeze sprinkler systems, and standpipes; and

(ii) complete the manipulative skills task book;

(b) Technician II shall:

(i) pass all the requirements listed for Technician I;

(ii) pass a written examination on dry pipe sprinkler systems, deluge sprinkler systems, preaction sprinkler systems, combined dry pipe-preaction systems, fire pumps, and water storage tanks; and

(iii) complete the manipulative skills task book;

(i) pass all the requirements listed for Technician I and II;

(ii) pass a written examination on water spray fixed systems, foam-water sprinkler systems, and foam-water spray systems; and

(iii) complete the manipulative skills task book; and

(d) Master Technician shall:

(i) have successfully completed and be certified as NICET III in Inspection and Testing of Water-based Systems; and

(ii) complete the manipulative skills task book.

(5) Examinations will be given according to the following requirements:

(a) all certification examinations given are open book examinations, the applicant is allowed to use the statute, the administrative rule, and the NFPA standard that applies to the certification examination. Any other materials to include cellular telephones are prohibited in the examination room;

(b) completion of the certification examination will not be allowed if it appears to the test administrator that the applicant has not prepared to take the examination;

(d) to successfully pass the written examination, the applicant must obtain a minimum grade of 70%;

(e) leaving the office or testing location before the completion of the examination voids the examination and will require the examination to be retaken by the applicant;

(f) if there are different levels of proficiency in the subject matter, the lower proficiency level will be fully completed before the next higher proficiency will be administered; and

(g) to successfully complete the manipulative skills task book, all required skill tasks shall be signed as completed by a person duly qualified or certified in that skill.

(6) As required in Subsection R710-5-4(4)(d), those applicants that have successfully completed the requirements of NICET III, in Inspection and Testing of Water-based Systems, and that corresponds to the work to be performed by the applicant, shall have the requirement for initial written examination waived, after appropriate documentation is provided to the SFM by the applicant.

(7) Following receipt of the properly completed application and successful completion of required testing, the SFM shall issue a certificate of registration.

(8) Original certificates of registration shall be valid for one year from the date of application. Thereafter, each certificate of registration shall be renewed annually and renewals shall be valid for one year from issuance.

(9) Application for renewal shall be made as directed by the SFM.

(10) Every holder of a valid certificate of registration shall take a re-examination every three years, from date of original certificate, to comply with the provisions of Section R710-5-4 as follows:

(a) the re-examination to comply with the provisions of Section 3.3 of these rules shall consist of an open book examination for each level of certification, to be mailed to the certificate holder at least 60 days before the renewal date;

(b) the re-examination will consist of questions that focus on changes in the last three years to the adopted NFPA standards, the statute, and the adopted administrative rules. The re-examination may also consist of questions that focus on practices of concern as noted by the board or the SFM;

(c) the certificate holder is responsible to complete the re-examination and return it to the SFM in sufficient time to renew; and

(d) the certificate holder is responsible to return to the SFM the correct renewal fees to complete that certificate renewal.

(11) The SFM may refuse to renew any certificate of registration pursuant to R710-5-8(2). The applicant shall, upon such refusal, have the same rights as are granted by Section R710-5-8.

(12) The holder of a certificate of registration shall submit such certificate for inspection, upon request of the AHJ.

(13) Every certificate of registration shall indicate the type of act or acts to be performed and for which the applicant has qualified as follows:

(a) Technician I: A person who is engaged in the inspection and testing of wet pipe sprinkler systems, antifreeze sprinkler systems, and standpipes;

(b) Technician II: A person who is engaged in the inspection and testing of dry pipe sprinkler systems, deluge sprinkler systems, preaction sprinkler systems, combined dry pipe-preaction systems, fire pumps and water storage tanks;

(c) Technician III: A person who is engaged in the inspection and testing of foam-water sprinkler systems, foam- water spray systems, and water spray fixed systems; and

(d) Master Technician: A person who has obtained NICET III certification in Inspection and Testing of Water- based Systems.

(14) Any change in home address of any holder of a valid certificate of registration shall be reported in writing, by the registered person to the SFM within 30 days of such change.

(15) A duplicate certificate of registration may be issued by the SFM to replace any previously issued certificate, which has been lost or destroyed.

(16) No certificate of registration shall be issued to any person who is under 18 years of age.

(17) Restrictive Use.

(a) A certificate of registration may be used for identification purposes only as long as such certificate remains valid.

(18) Right to Contest.

(a) Every person who takes an examination for a certificate of registration shall have the right to contest the validity of individual questions of such examination.

(b) Every contention as to the validity of individual questions of an examination shall be made within 48 hours after taking said examination.

(c) The decision as to the action to be taken on the submitted contention shall be made by the SFM, and such decision shall be final.

(d) The decision made by the SFM, and the action taken, shall be reflected in all future examinations, but shall not affect the grades established in any past examination.

(19) Certificates of Registration shall not be transferable. The person to whom issued shall carry individual certificates of registration.

(20) Every certificate shall be identified by a number, delineated as AFS-(number). Such number shall not be transferred from one person to another.

(21) New or existing employees desiring to attain a Certificate of Registration may perform the various acts required while under the constant direct supervision of a person holding a valid certificate of registration for a period not to exceed 60 days from the initial date of employment or beginning service in the field.

History

KEY: automatic fire sprinklers
Date of Last Change: August 23, 2016
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-5-5 Service Tags

(1) Size and Color.

(a) Tags shall be not more than five and one-half inches in height, nor less than four and one-half inches in height, and not more than three inches in width, nor less than two and one-half inches in width.

(b) Tags may be produced in any color except red or a variation of red.

(c) A red tag shall be used to indicate the system fails to ensure a reasonable degree of protection for life and property from fire through inspecting and testing of automatic fire sprinkler systems as required in NFPA, Standard 25, and the requirements of these rules.

(i) After placing the red tag on the system, the certified person shall notify the AHJ and provide the AHJ with a written copy of the noted deficiencies.

(2) The service tag shall be attached at the sprinkler riser for each system inspected or at other locations as needed to show compliance. The service tag shall be attached to the riser in such a position as to be conveniently inspected by the AHJ.

(3) Service tags shall bear the following information:

(a) provisions of Section 4.7;

(b) approved Seal of Registration of the SFM;

(c) certificate of registration "AFS" number of individual who performed or supervised the service or services performed;

(d) signature of individual whose certificate of registration number appears on the tag;

(e) concern's name;

(f) concern's address;

(g) type of service performed;

(h) type of system serviced; and

(i) date service is performed.

(4) The above information shall appear on one side of the service tag. All other desired printing or information shall be placed on the reverse side of the tag.

(5) Legibility.

(a) The certificate of registration number required in Section R710-5-5(3)(c), and the signature required in Section R710-5-5(3)(d), shall be printed or written distinctly.

(b) All information pertaining to date and type of service shall be indicated on the card by perforations in the appropriate space provided. Each perforation shall clearly indicate the desired information.

(6) A sample service tag is on file in the State Fire Marshal's Office for review.

(7) A new service tag shall be attached to a system each time a service is performed.

(8) The following wording shall be placed at the top or reinforced ring end of every tag: "DO NOT REMOVE, BY ORDER OF THE STATE FIRE MARSHAL".

(9) Removal.

(a) No person or persons shall remove a service tag except when further service is performed.

(b) No person shall deface, modify, or alter any service tag that is required to be attached to the system.

(10) Service tags may be printed for any number of years not to exceed eight years.

History

KEY: automatic fire sprinklers
Date of Last Change: August 23, 2016
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-5-6 Seal of Registration

(1) The official seal of registration of the SFM shall consist of the following:

(a) the image of the State of Utah shall be in the center with an outer ring stating, "Utah State Fire Marshal";

(i) the top portion of the outer ring shall have the wording "Utah State";

(ii) the bottom portion of the outer ring shall have the wording "Fire Marshal"; and

(b) appending below the bottom portion and in a centered position, shall be a box provided for the displaying of the certification number assigned to the person.

(2) No person shall produce, reproduce, or use this seal in any manner or for any purpose except as herein provided.

(3) Certificate holders or concerns shall use the Seal of Registration on every service tag.

(4) No person or concern shall continue the use of the Seal of Registration in any manner or for any purpose after receipt of a notice in writing from the SFM to that effect, or upon the suspension or revocation of the certificate of registration.

(5) Every reproduction of the Seal of Registration and every letter and number placed thereon, shall be of sufficient size to render such seal, letter, and number distinct and clearly legible.

History

KEY: automatic fire sprinklers
Date of Last Change: August 23, 2016
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-5-7 Amendments and Additions

(1) At the time of service, all servicing shall be done in accordance with the adopted NFPA standard, adopted statutes, and these rules.

(2) NFPA 25, Chapter 5, Section 5.1, Table 5.1 is amended as follows: On line 16 of the "Inspection" section, the "Obstruction Reference" is changed from 14.2.2 to 14.2.1.

(3) NFPA 25, Chapter 5, Section 5.1, Table 5.1 is amended as follows: On line one of the "Investigation" section, the "Obstruction Reference" is changed from 14.2.1 to 14.2.2.

(4) Frequency and Labels.

(a) Automatic fire sprinkler systems, standpipes, and fire pumps shall be inspected annually by a person holding a certificate of registration as required in Section 3.1 of these rules.

(b) Automatic fire sprinkler systems that pass the three-year and five-year inspection requirements as required in NFPA 25, Tables 5.1 and 13.1, shall have a label affixed to the riser indicating the specific inspection or inspections that was completed, the month and year those inspections was performed, the person who performed the inspection, and the person performing the inspections certificate of registration number.

(c) The label shall be affixed to the riser using a heatless process, shall be 3 in. X 5 in., shall have the official seal of registration of the SFM affixed to the label, shall be constructed of durable material, and shall be the self-destructive type when removal is attempted.

(5) Accepted Inspection Forms.

(a) Inspection forms listed in NFPA 25, Annex B, Section B.2, shall be used as the accepted inspection forms.

(b) Inspection form format shall be as required in NFPA 25, Annex B, Section B.1(4).

(c) A similar equivalent inspection form approved by the SFM may be used as the accepted forms for inspection, testing, and maintenance of water-based fire protection systems.

(d) A copy of the completed inspection forms shall be left in a water proof container affixed to the riser.

(6) Newly installed automatic fire sprinkler systems, standpipes, and fire pumps are exempt from the annual testing requirement required in Section 6.2 of these rules, for one year from the approval date of the initial installation acceptance testing.

History

KEY: automatic fire sprinklers
Date of Last Change: August 23, 2016
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-5-8 Adjudicative Proceedings

(1) All adjudicative proceedings performed by the agency shall proceed informally as authorized by Sections 63G-4- 202 and 63G-4-203.

(2) The issuance, renewal, or continued validity of a certificate of registration may be denied, suspended, or revoked, if the SFM finds that the applicant or the person has committed any of the following violations:

(a) the applicant or person is not the real person in interest;

(b) the applicant or person provides material misrepresentation or false statements on the application;

(d) the applicant or person for a certificate of registration does not have the proper equipment to conduct the operations for which application is made;

(e) the applicant or person for a certificate of registration does not possess the qualifications of skill or competence to conduct the operations for which application is made, as evidenced by failure to pass the examination pursuant to Section 3.3 of these rules;

(f) the applicant or person refuses to take the examination required by Section 3.3 of these rules;

(g) the applicant or person fails to pay the certification of registration, examination or other required fees as required in Section 8 of these rules;

(h) the applicant or person has been convicted of one or more federal, state or local laws;

(i) the applicant or person has been convicted of a violation of the adopted rules or been found by a board administrative proceeding to have violated the adopted rules;

(j) any offense or finding of unlawful conduct, or there is or may be, a threat to the public's health or safety if the applicant or person were granted a certificate of registration; or

(k) there are other factors upon which a reasonable and prudent person would rely to determine the suitability of the applicant or person to safely and competently engage in the practice of servicing fire sprinkler system equipment.

(3) A person whose certificate of registration is suspended or revoked by the SFM shall have an opportunity for a hearing before the board if requested by that person within 20 days after receiving notice.

(5) The board shall act as the hearing authority, and shall convene after timely notice to all parties involved. The board shall be the final authority on the suspension or revocation of a certificate of registration.

(6) The board shall direct the SFM to issue a signed order to the parties involved giving the decision of the board within a reasonable time of the hearing pursuant to Section 63G-4-203.

(7) Reconsideration of the board decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

(8) After a period of three years from the date of revocation, the board shall review the submitted written application of a person whose certificate of registration has been revoked. After timely notice to all parties involved, the board shall convene to review the revoked persons application, and that person shall be allowed to present themselves and their case before the board. After the hearing, the board shall direct the SFM to allow the person to complete the certification process or shall direct that the revocation be continued.

(9) Judicial review of all final board actions resulting from informal adjudicative proceedings shall be conducted pursuant to Section 63G-4-402.

History

KEY: automatic fire sprinklers
Date of Last Change: August 23, 2016
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-5-9 Fees

(1) The required fee shall accompany the application for certificate of registration.

(a) Certificate of registration fees will be refunded if the application is denied.

(2) When a certificate of registration has expired for more than one year, an application shall be made for an original certificate as if the application was being made for the first time.

History

KEY: automatic fire sprinklers
Date of Last Change: August 23, 2016
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

R710-6 Liquefied Petroleum Gas Rules

Utah Admin. Code R710-6-1 Purpose

This rule establishes the standards and requirements to license individuals who distribute, transfer, dispense, or install LP Gas or LP Gas appliances in the state.

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

Utah Admin. Code R710-6-2 Authority

This rule is authorized by Section 53-7-305.

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

Utah Admin. Code R710-6-3 Definitions

(1) Terms used in this rule are defined in Sections 53-7-302 and 53-7-102.

(2) In addition:

(a) "ASME" means the American Society of Mechanical Engineers.

(b) "ASME Stamp" means the symbol used to designate that the container has been built to the ASME Boiler and Pressure Vessel Code, Section VIII, Divisions 1 or 2, Rules for the Construction of Unfired Pressure Vessels.

(c) "Dispenser" means pump assemblies, transfer hoses, meters and associated equipment that is mounted, anchored, or may be installed inside of a steel cabinet, which may be installed on a common base, separate base, or separate location as the container.

(d) "Dispensing System" means equipment in which LP Gas is transferred from one container to another in liquid form.

(e) "ICC" means International Code Council, Inc.

(f) "IFGC" means International Fuel Gas Code.

(g) "LPG Certificate" means a written or electronic document issued by the division to any person to grant permission to such person to perform an act or acts for which authorization is required.

(h) "NFPA" means the National Fire Protection Association.

(i) "Public Place" means a highway, street, alley or other parcel of land, essentially unobstructed, which is deeded, dedicated or otherwise appropriated to the public for public use, and where the public exists, travels, traverses or is likely to frequent.

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

Utah Admin. Code R710-6-4 Licensing

(1) The division may issue the following types of licenses:

(a) Class I: A licensed dealer who is engaged in the business of installing gas appliances or systems for the use of LPG and who sells, fills, refills, delivers, or is permitted to deliver any LPG.

(b) Class II: A business engaged in the sale, transportation, and exchange of cylinders, but not transporting or transferring gas in liquid.

(c) Class III: A business not engaged in the sale of LPG, but engaged in the sale and installation of gas appliances, or LPG systems.

(d) Class IV: Any of the following businesses:

(i) dispensers;

(ii) sale of used containers greater than 96 pounds water capacity; and

(iii) other LPG businesses not listed in Subsections R710-6-4(1)(a) through (c).

(2) The application for a license to engage in the business of LPG as required in Subsection R710-6-5(1), shall be accompanied with proof of general liability insurance.

(a) The general liability insurance shall be issued by a general liability insurance carrier showing coverage of at least $1,000,000 for each incident, and $2,000,000 in total coverage.

(b) The licensee shall notify the division within 30 days after the general liability insurance coverage required is no longer in effect for any reason.

(3) The application shall be signed by an authorized representative of the applicant.

(a) If the application is made by a partnership, it shall be signed by at least one partner.

(b) If the application is made by a corporation or association other than a partnership, it shall be signed by the principal officers or authorized agents.

(4) The division shall issue a license upon receipt of a properly completed application, an inspection, completion of inspection requirements, and compliance with Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act and this rule.

(5) Licenses shall be valid for one year from the date of application.

(6) Application for renewal shall be made on forms provided by the division.

(7) The board may deny to renew a license for any reason they are authorized, pursuant to Section R710-6-6, to deny an initial license.

(8) A licensee shall notify the division, via email, within 30 days of any change of address.

(9) A licensee may not conduct business under a name other than the name or names which appear on the license.

(10) The division shall make available to the enforcing authority, the name, business address, and license number of each person that is licensed pursuant to this rule upon request and without cost.

(11) The holder of any license shall submit such license for inspection upon request of the enforcing authority.

(12) A licensed person shall, within 20 days of employment, and within 20 days of termination of any employee, report to the division, the name and LPG certificate number, if any, of every person performing any act requiring an LPG certificate for such licensed person.

(13) A license issued pursuant to this rule shall be posted in a conspicuous place on the premises of the licensed location.

(14) A duplicate license may be issued by the division to replace any previously issued license, which has been lost or destroyed, upon the submission of a written statement from the licensee to the division.

(a) The written statement shall attest as to whether the license has been lost or destroyed.

(b) If the original license is found it shall be surrendered to division within 15 days, except if the license is a digital license.

(15) A license shall be identified by a number, delineated as P-number.

(16) A licensee who is involved in an accident involving LPG shall immediately report to the division by telephone and in writing within three days the following information:

(a) any pertinent information such as the location, names of persons involved, cause, contributing factors, and the type of accident; and whether death or serious injury of persons, or property damage of $5,000 or more resulted from the accident.

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

Utah Admin. Code R710-6-5 LP Gas Certificates

(1) An individual seeking to obtain an LPG certification shall submit an application to the division, which shall be signed by the applicant.

(2) An individual who performs any act described in Section 53-7-308, shall pass an initial examination in each of the following categories they are seeking certification:

(a) Carburetion;

(b) Dispenser;

(d) Recreational Vehicle Service;

(e) Service Technician; and

(f) Transportation and Delivery.

(3) The initial examination shall include an open book written test or online test of the applicant's knowledge of the work to be performed by the applicant.

(a) The applicant is allowed to use Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act, this rule, IFGC, NFPA 54, NFPA 1192, and NFPA 58.

(b) Any other materials to include cellular telephones or related cellular equipment are prohibited in the examination room.

(c) Leaving the office or testing location before the completion of the examination shall void the examination and will require the examination to be retaken by the applicant.

(d) To successfully complete the written or online examinations, the applicant must obtain a minimum grade of 70% in each portion or category of the examination.

(i) Each portion or category of the examination will be graded separately.

(ii) If an applicant takes a paper examination for multiple categories during a single session for more than one category, failure of the examination in a single category will not cause the applicant to fail the other categories of the examination.

(e) An applicant may have the requirement for initial examination waived if the applicant submits documentation of the following:

(i) successful completion of the Propane Education Research Council (PERC) Education Program, a similar successor program promulgated by PERC, a program demonstrated to be equivalent to the PEP program, or successor program promulgated by PERC;

(ii) successful completion of the requirements in Code of Federal Regulations, CFR 49, Parts 172.700, 172.704, 177.800 and 177.816, that correspond to the work to be performed by the applicant;

(iii) successful completion of the Rocky Mountain Gas Association Natural Gas Technician Certification Exam, or a successor testing program; or

(iv) proof of licensure as a journeyman plumber as required in Rule R156-55c, Plumber Licensing Act Rule.

(5) LPG certificates shall be valid for one year from the date of issuance.

(6) Application for renewal shall be made on forms provided by the division.

(7) A holder of a valid LPG Certificate shall take a re-examination test every five years from the date of original certificate issuance.

(a) The re-examination test shall consist of an open book examination;

(b) the open book re-examination shall consist of questions that focus on changes in the last five years to NFPA 1192, NFPA 54, NFPA 58, Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act, and this rule;

(c) the re-examination test may also consist of questions that focus on practices of concern as noted by the board or division;

(d) the certificate holder shall complete the re-examination in sufficient time to renew; and

(e) the certificate holder shall submit to the division the correct renewal fees to complete that certificate renewal.

(8) An applicant may have the requirement for re- examination waived if the applicant submits documentation of the following:

(a) successful completion of the requirements in Code of Federal Regulations CFR 49, Parts 172.700, 172.704, 177.800 and 177.816, that corresponds to the work to be performed by the applicant; or

(b) written verification of the completion of 40 hours of continuing training over the previous five-year period related to the work to be performed by the applicant.

(9) The division may deny to renew an LPG certificate in the same manner and for any reason that is authorized pursuant to Subsection R710-6-6(2).

(10) The holder of an LPG certificate shall submit such certificate for inspection, upon request of the enforcing authority.

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

Utah Admin. Code R710-6-6 Responsibilities and Requirements for Certificate Holders

(1) An LPG certificate shall show the type of act or acts to be performed and for which the applicant has qualified.

(2) An individual holding a valid LPG certificate may not be authorized to perform any act unless they are a licensee or are employed by a licensed person.

(3) It is the responsibility of the LPG certificate holder to ensure that the person they are employed by is licensed under this act.

(4) The requirements listed in Subsections R710-6-6(2) and (3) do not apply to licensed journeyman plumbers who meet the requirements this rule, or final consumers that meet the requirements in Section 53-7-308.

(5) A duplicate LPG certificate may be issued by the division to replace any previously issued certificate which has been lost or destroyed upon the submission of a written statement to the division from the certified person.

(a) The written statement shall attest as to whether the certificate has been lost or destroyed.

(b) If the original certificate is found, it shall be surrendered to the division within 15 days.

(6) An LPG certificate issued shall contain the following information:

(a) the name of the applicant;

(b) the signature of the LP Gas Board Chair or the State Fire Marshal;

(d) the expiration date; and

(e) the type of service the person is qualified to perform.

(7) An LPG certificate may not be issued to a person who is under 16 years of age.

(8) The issuance of a certificate does not grant the individual the authorization to enforce this rule.

(9) An LPG certificate may be used for identification purposes only as long as such certificate remains valid and while the holder is employed by a licensed person.

(10) Regardless of the acts for which the applicant has qualified, the performance of only those acts authorized under the licensed person employing such applicant shall be permissible.

(11) Regardless of the acts authorized to be performed by a licensed person, only those acts for which the applicant for a LPG certificate has qualified shall be permissible by such applicant.

(12) LPG Certificates are not transferable to another individual and shall be carried by the person to whom they are issued.

(13) New employees of a licensed person may perform the various acts while under the direct supervision of persons holding a valid LPG certificate for a period not to exceed 45 days from the initial date of employment.

(a) By the end of such period, an employee seeking to obtain a LPG certificate shall have passed the required examination.

(b) In the event the employee fails the examination, re-examination shall be taken within 30 days.

(c) The employee shall remain under the direct supervision of an employee holding a valid LPG certificate, until certified.

(14) Every LPG certificate shall be identified by a number, delineated as PE-number, and such number may not be transferred from one person to another.

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

Utah Admin. Code R710-6-7 Adjudicative Proceedings

(1) Adjudicative proceedings performed by the division or board are designated as informal adjudicative proceedings under Section 63G-4-202.

(2) The division may suspend, revoke, or deny to issue or to renew a license or certificate if the applicant, individual employed for, or the individual having authority and management of a person engages in any of the following conduct:

(a) the individual or applicant is not the real person in interest;

(b) the individual or applicant provides material misrepresentation or false statement in the application, whether for an original or renewal certificate;

(c) the individual or applicant refuses to allow inspection by the division or enforcing authority on an annual basis to determine compliance with this rule;

(d) the individual, applicant, or licensee for a license does not have the proper or necessary facilities, including qualified personnel to conduct the operations for which application is made;

(e) the individual or applicant for a LPG certificate does not have the qualifications of skill or competence to conduct the operations for which application is made, which can also be evidenced by failure to pass the examination;

(f) the individual or applicant refuses to take the examination;

(g) the individual or applicant has been convicted of a violation of one or more federal, state, or local laws;

(h) the individual or applicant has been convicted of a violation of this rule or has been found by a board administrative proceeding to have violated this rule;

(i) any offense or finding of unlawful conduct, or there is or may be a threat to the public's health or safety if the person or applicant were granted a license or certificate of registration;

(j) there are other factors upon which a reasonable and prudent person would rely to determine the suitability of the person or applicant to safely and competently distribute, transfer, dispense or install LP Gas or it's appliances;

(k) the individual or applicant does not complete the re-examination process before the certificate or license expiration date; or

(l) the individual or applicant fails to pay any fee as required in Section R710-6-8.

(3) An individual whose license or certificate of registration is suspended or revoked by the division may request a hearing before the board within 20 days after receiving notice.

(4) Adjudicative proceedings, other than criminal prosecution, taken by the enforcing authority to enforce Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act, and this rule, shall begin in accordance with Section 63G-4-201.

(5) The board shall:

(a) act as the hearing authority;

(b) convene after timely notice to each party involved; and

(6) The board shall issue a signed order to the parties involved pursuant to Section 63G-4-203.

(7) Reconsideration of the board's decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

(8) After a period of three years from the date of revocation, the board may review the written or electronic application of a person whose license or certificate of registration has been revoked.

(9) Judicial review of any final board actions resulting from informal adjudicative proceedings is available pursuant to Section 63G-4-402.

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

Utah Admin. Code R710-6-8 Fees

When an LPG certificate has expired for more than one year, an application shall be made for an original certificate as if the application was being made for the first time; and

(1) new examinations shall be taken; and

(2) new examination fees shall be paid.

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

Utah Admin. Code R710-6-9 Board Procedures

(1)

The chair and board members shall be entitled to vote on any issue considered by the board. A board member who declares a conflict of interest or where a conflict of interest has been determined, shall recuse themselves and not vote on that particular issue.

(2) The division shall provide the board with a secretary, who shall prepare minutes and shall perform secretarial duties necessary for the board to fulfill its responsibility.

(3) The board chair may assign a member various assignments as required to aid in the promotion of safety, health and welfare in the use of LPG.

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

Utah Admin. Code R710-6-10 Amendments and Additions

(1) LP Gas facilities that are located in a public place shall be inspected by a certified LP Gas technician every five years for leaks in any buried piping as follows:

(a) if a leak is detected and repaired, the buried piping shall again be pressure tested for leaks;

(b) the certified LP Gas technician shall keep a written record of the inspection and any corrections made to the buried piping located in a public place; and

(2) When the division is required to complete more than two inspections to receive compliance on an LP Gas System, container, apparatus, appliance, appurtenance, tank or tank trailer, or any pertinent equipment for the storage, transportation, or dispensation of LP Gas, the division shall charge to the owner for each additional inspection or re-inspection fee.

(3) LP Gas containers of more than 5,000 water gallons shall be inspected at least biannually for compliance with Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act and this rule. The following containers are exempt from this requirement:

(a) those excluded from the act in Section 53-7-303;

(b) containers under federal control;

(d) containers located at private residences.

(4) Those using self-serve key or card services shall be trained in safe filling practices by the licensed dealer providing the services, and a letter shall be sent to the division by the licensed dealer stating that those using the self-serve key or card service have been trained.

(5) American Society of Testing and Materials (ASTM) A-212 Steel pressure propane containers greater than 5,000 water gallons may not be brought into the state or relocated within the state. Effected Containers are identified with material as SA212, SA212A, SA212B, A212B or other identified as 212 material construction.

(6) The following are amendments and additions to the codes and standards adopted under Section 15A-5-103 to regulate LPG systems:

(a) NFPA, Standard 58, Section 5.2.1.1 is amended to add the following section: (d) All new, used or existing containers of 5,000 water gallons or less, installed in the state or relocated within the state shall be marked with the ASME stamp as defined in Subsection R710-6-3(3). All new, used or existing containers of more than 5,000 water gallons, installed in the state or relocated within the state, shall be marked with the ASME stamp as defined in Subsection R710-6-3(3), and shall be inspected for approval by the division. If the division has concerns about the integrity or condition of the container, additional nondestructive testing may be required to include hydrostatic testing, ultrasonic metal thickness testing or any other testing as determined necessary by the division. All incurred costs for additional testing required by the division shall be the responsibility of the owner.

(b) NFPA, Standard 58, Section 5.2.1.1 is amended to add the following section: (e) If an existing U68, U69, U200 or U201 specification container, more than 5,000 water gallons, is relocated within the state, and does not bear the required ASME stamp as defined in Subsection R710-6-3(3), the container cannot be reinstalled unless the container has received a "Special Classification Permit" from the division. Specifications of the type of container, container history if known, material specifications and calculations, and condition of the container shall be submitted to the division by the person seeking the "Special Classification Permit". The division shall inspect the container for approval. If the division has concerns about the integrity or condition of the container, additional nondestructive tests such as hydrostatic testing, ultrasonic metal thickness testing or any other testing as determined necessary by the division. All incurred costs of testing and evaluations shall be the responsibility of the owner. The division will approve or disapprove the proposed container. Approval by the division shall be obtained before the container is set or filled with LP Gas.

(c) NFPA, Standard 58, Section 5.2.1.6 is amended to add the following sentence at the end of the section: (A) Repairs and alterations shall only be made by those holding a National Board "R" Certificate of Authorization commonly known as an R Stamp.

(d) NFPA Standard 58, Sections 5.11.3.2.1(2)(a) and (b) are deleted and rewritten as follows: Type K copper tubing without joints below grade may be used in exterior LP Gas piping systems only.

(e) NFPA, Standard 58, Section 6.8.3 is amended to add the following section: 6.8.3.5 Skid mounted ASME horizontal containers greater than 2000 water gallons, with non-fireproofed steel mounted attached supports, resting on concrete, pavement, gravel or firm packed earth, may be mounted on the attached supports to a maximum of 12 inches from the top of the skid to the bottom of the container.

(f) NFPA, Standard 58, Section 6.8.7 is amended to add the following: (N) All metallic equipment and components that are buried or mounded shall have cathodic protection installed to protect the metal and shall meet the following requirements:

(i) sacrificial anodes shall be installed as required by the size of the container. If more than one sacrificial anode is required they shall be evenly distributed around the container;

(ii) sacrificial anodes shall be connected to the container or piping as recommended by the manufacturer or using accepted engineering practices; and

(iii) sacrificial anodes shall be placed as near the bottom of the container as possible and about two feet away from the container.

(g) NFPA, Standard 58, Section 6.27.3.19 is added as follows: On dispensing installations, 1,000 gallon water capacity or less, where the dispensing cabinet is located next to the LP Gas container, stainless steel wire braid hose of more than 36 inches in length may be used on vapor and liquid return lines only. The hose shall be secured and routed in a safe and professional manner.

(h) NFPA, Standard 58, Section 8.4.1.1(1) is amended as follows: On line one remove "5ft (1.5m)" and replace it with "10 ft (3m)".

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

Utah Admin. Code R710-6-11 Validity

If any article, section, subsection, sentence, clause, or phrase, of this rule is for any reason held to be unconstitutional, contrary to statute, or exceeding the authority of the LPG Board, such decision may not affect the validity of the remaining portion of this rule.

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

Utah Admin. Code R710-6-12 Conflicts

In the event where separate requirements pertain to the same situation in the same code, or between different codes or standards as adopted, the more restrictive requirement shall govern, as determined by the enforcing authority.

History

KEY: liquefied petroleum gas
Date of Last Change: August 25, 2025
Notice of Continuation: August 28, 2025
Authorizing, and Implemented or Interpreted Law: 53-7-305

R710-7 Concerns Servicing Automatic Fire Suppression Systems

Utah Admin. Code R710-7-1 Purpose

The purpose of this rule is to establish regulations governing those concerns that service Automatic Fire Suppression Systems. These rules apply to systems regulated by the state adopted editions of National Fire Protection Association, Standard 12, Standard on Carbon Dioxide Extinguishing Systems; N.F.P.A., Standard 12A, Halon 1301 Fire Extinguishing Systems, 2009 edition; N.F.P.A., Standard 12B, Halon 1211 Fire Extinguishing Systems, 1990 edition; N.F.P.A., Standard 17, Standard for Dry Chemical Extinguishing Systems; N.F.P.A., Standard 17A, Standard for Wet Chemical Extinguishing Systems; N.F.P.A., Standard 96, Ventilation Control and Fire Protection of Commercial Cooking Operations; N.F.P.A., Standard 2001, Clean Agent Fire Extinguishing Systems.

History

KEY: fire prevention, fire suppression systems, systems
Date of Last Change: September 13, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-7-2 Authority

This rule is authorized by Section 53-7-204.

History

KEY: fire prevention, fire suppression systems, systems
Date of Last Change: September 13, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-7-3 Definitions

(1) "Annual" means a period of one year or 365 days.

(2) "Board" means Utah Fire Prevention Board.

(3) "Branch Office" means any location, other than the primary business location, where business license, telephone, advertising and servicing equipment is utilized.

(5) "Concern" means a person, firm, corporation, partnership, or association, licensed by the SFM.

(6) "Employee" means those persons who work for a licensed concern which may include but are not limited to assigned agents and others who work on a contractual basis with a licensee using service tags of the licensed concern.

(7) "Hydrostatic Test" means subjecting any cylinders requiring periodic pressure testing procedures specified in these rules.

(8) "Inspection Authority" means the local fire authority, or the SFM, and their authorized representatives.

(9) "License" means a written document issued by the SFM authorizing a concern to engage in the business of servicing automatic fire suppression systems.

(10) "N.F.P.A." means National Fire Protection Association.

(11) "Recognized Testing Laboratory" means a State Fire Marshal list of acceptable labs.

(12) "Service" means a complete inspection of an automatic fire suppression system to include maintenance, repair, modification, testing, or cleaning, as set forth in the adopted N.F.P.A. standards.

(13) "System" means an Automatic Fire Suppression System.

(14) "SFM" means Utah State Fire Marshal or authorized deputy.

History

KEY: fire prevention, fire suppression systems, systems
Date of Last Change: September 13, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-7-4 Adoption of Codes

(1) The following standards are adopted as code:

(a) the National Fire Protection Association, N.F.P.A., Standard 12A, Halon 1301 Fire Extinguishing Systems, 2009 edition; N.F.P.A., Standard 12B, Halon 1211 Fire Extinguishing Systems, 1990 edition;

(b) all existing wet chemical automatic fire suppression systems not UL300 listed shall be removed, replaced or upgraded to a UL300 listed system; and

(c) no person shall market, distribute, sell, install or service any automatic fire suppression system in this state, unless it meets the following:

(A) it complies with these rules; and

(B) it has been tested by, and bears the label of a testing laboratory which is accepted by the SFM as qualified to test automatic fire suppression systems.

History

KEY: fire prevention, fire suppression systems, systems
Date of Last Change: September 13, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-7-5 Licensing

(1) No person or concern shall engage in the business of selling, installing, servicing, repairing, testing or modifying any automatic fire suppression system without obtaining a license from the SFM, pursuant to these rules, expressly authorizing such concern to perform such acts.

(2) Every license shall be identified by type. The type of license shall be determined on the basis of the act or acts performed by the licensee or any of the employees. Every licensed concern shall be staffed by qualified personnel and shall be properly equipped to perform the act or acts for the type of license issued.

(3) Licenses shall be any one, or combination of the following:

(a) Class H1 - A licensed concern which is engaged in the installation, modification, service, or maintenance of engineered and/or pre-engineered automatic fire suppression systems.

(b) Class H2 - A licensed concern which is engaged in service and maintenance only of automatic fire suppression systems to include hydrostatic testing.

(4) Application for a license to conduct business as an automatic fire suppression system concern shall be made in writing to the SFM on forms provided by the SFM.

(a) A separate application for license shall be made for each branch office, or separate place or business location of the applicant.

(b) The application for a license to conduct business as an automatic fire suppression system concern, shall be accompanied with proof of public liability insurance.

(i) The public liability insurance shall be issued by a public liability insurance carrier showing coverage of at least $100,000 for each incident, and $300,000 in total coverage.

(ii) The licensee shall notify the SFM within thirty days after the public liability insurance coverage required is no longer in effect for any reason.

(i) If the application is made by a partnership, it shall be signed by all partners.

(ii) If the application is made by a corporation or association other than a partnership, it shall be signed by a principal officer.

(5) The applicant or licensee shall allow the SFM and any of his authorized deputies to enter, examine, and inspect any premises, building, room or vehicle used by the applicant in the service of automatic fire suppression systems to determine compliance with the provisions of these rules.

(a) The inspection will be conducted during normal business hours, and the owner or manager shall be given a minimum of 24-hours notice before the appointed inspection.

(b) The equipment inspection may be conducted on an annual basis, and consent to inspect will be obtained.

(c) The applicant, license holder or certified employee of the license holder, may be asked during the inspection by the SFM or any of his deputies, to demonstrate skills or knowledge used in servicing of automatic fire suppression systems.

(6) Following receipt of the properly completed application, and compliance with the provisions of the statute and these rules, the SFM shall issue a license.

(a) Every license issued pursuant to the provisions of these rules shall be posted in a conspicuous place on the premises of the licensed concern.

(7) Original licenses shall be valid for one year from the date of issuance.

(a) Thereafter, each license shall be renewed annually and renewals shall be valid for one year from the previous date of expiration.

(b) No original license will be issued until the satisfactory completion of a materials, equipment and performance inspection by the SFM.

(c) In the event that a license is not renewed prior to the expiration date, the applicant shall be required to apply for an original license with a new license number.

(8) Application for renewal shall be made as directed by the SFM.

(a) The failure to renew the license will cause the license and license number to become invalid.

(b) No renewal license will be issued until the satisfactory completion of a materials, equipment and performance inspection by the SFM.

(9) A duplicate license may be issued by the SFM to replace any previously issued license, which has been lost or destroyed, upon request.

(10) SFM may refuse to renew any license that is authorized, pursuant to Section 8 of these rules. The applicant will, upon such refusal, have the same rights as are granted by Section 8 of these rules to an applicant for an original license which has been denied by the SFM.

(11) Every licensee shall notify the SFM, in writing, within 30 days, of any change of address or location of business.

(12) No licensee shall conduct the licensed business under a name other than the name or names which appear on the license.

(13) Every licensed concern shall, within 30 days of employment or termination of an employee or contracted agent, notify the SFM of the name, address, and certification number of that person.

(14) No license shall be issued to any person as licensee who is under 18 years of age.

(15) Every concern is responsible for the acts of its employees or assigned agents relating to installation and servicing of automatic fire suppression systems.

(16) No license shall constitute authorization for any licensee, or any of the employees or contracted agents, to enter upon, or into, any property, building, or machinery without the consent of the owner or manager.

(a) No license shall grant authorization to enforce the International Fire Code or these rules.

(17) No license issued pursuant to this section shall be transferred from one concern to another.

(18) Every license shall be identified by a number, delineated as H-number.

(a) Such number may only be transferred from one concern to another when approved by the SFM.

(19) The following minimum material and equipment requirements shall be maintained at each business location or vehicle of the applicant where servicing work is performed:

(a) calibrated scales with ability to:

(i) weigh gas cartridges to within 1/4 ounce of manufacturers specifications; and

(ii) weigh cylinders accurately for systems being serviced;

(b) manufacturers specifications for each system serviced;

(i) nitrogen supply;

(ii) pressure regulator - 750 p.s.i. minimum; and

(iii) filling adapters;

(d) wet and dry chemical systems;

(i) extinguishing agents, compatible with systems serviced;

(ii) fusible links;

(iii) safety pins;

(iv) an assortment of gaskets and o-rings compatible with systems serviced;

(v) gas cartridges as required according to manufacture's specifications;

(vi) current reference manuals, to include manufacture's service manuals; and

(vii) cocking or lockout tool;

(e) clean agent, halon and CO2 systems

(i) have access to, or meet the requirements for a U.L. approved filling station;

(ii) have available in inventory, or have immediate access to, detectors compatible with systems serviced;

(iii) calibration equipment such as electrical testers and detector testers;

(iv) control panel components;

(v) release valves; and

(vi) current reference manuals.

(f) This list does not, however, include all items that may be necessary in order to conduct a complete system installation, modification or service.

(20) Accurate records shall be maintained for five years by the licensee, of all service work performed.

(a) These records shall be made available to the SFM, or authorized deputies, upon request.

(b) These records shall include the following:

(a) the name and address of all serviced locations;

(b) type of service performed; and

History

KEY: fire prevention, fire suppression systems, systems
Date of Last Change: September 13, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-7-6 Certificates of Registration

(1) No person shall service any automatic fire suppression system without a certificate of registration issued by the SFM pursuant to these rules expressly authorizing such person to perform such acts.

(2) Application for a certificate of registration to work on automatic fire suppression systems shall be made in writing to the SFM on forms provided by the SFM.

(a) The application shall be signed by the applicant.

(b) The concern license shall certify in writing to the SFM that the applicant has been trained and is qualified to perform all work authorized by the certificate of registration.

(3) The SFM shall require all applicants for a certificate of registration to take and pass a written examination, which may be supplemented by practical tests to determine the applicant's knowledge to work on automatic fire suppression systems.

(a) Pictured identification of the applicant for a certificate of registration may be requested by the SFM or his deputies.

(b) Examinations will be given according to the following schedule:

(i) on the first and third Tuesdays of each month; or

(ii) when holidays conflict with these days, the day immediately following will be used.

(d) Examinations may be given at various field locations as deemed necessary by the SFM. Appointments for field examinations are required.

(e) All certification examinations given are open book examinations.

(i) The applicant is allowed to use the statute, the administrative rule, and the NFPA standard that applies to the certification examination.

(ii) Any other materials to include cellular telephones, lap tops, IPads, IPods, note books or any other memory storage device are prohibited in the examination room.

(f) Completion of the certification examination will not be allowed if it appears to the test administrator that the applicant has not prepared to take the examination.

(g) Each certification examination taken has a time limit of two hours to completion.

(i) Leaving the office or testing location before the completion of the examination voids the examination and will require the examination to be retaken by the applicant.

(h) If there are different levels of proficiency in the subject matter, the lower proficiency level will be fully completed before the next higher proficiency will be administered.

(4) To successfully pass the written examination, the applicant must obtain a minimum grade of 70% in each portion of the examination taken.

(5) The examination required shall include a written test of the applicant's knowledge of the work to be performed, the provisions of these rules, and may include an actual demonstration of his ability to perform the acts indicated on the application.

(6) Every person who takes an examination for a certificate of registration shall have the right to contest the validity of individual questions of such examination.

(a) Every contention as to the validity of individual questions of the examination shall be made in writing within 48 hours after taking said examination.

(b) The decision of the SFM shall be final.

(7) Following receipt of the completed application, compliance with the provisions of these rules, and the successful completion of the required examination, the SFM shall issue a certificate of registration.

(8) Original certificates of registration will be valid for one year from the date of application.

(a) Thereafter, each certificate of registration will be renewed annually and renewals will be valid for one year from the previous date of expiration.

(b) In the event that a certificate of registration is not renewed prior to the expiration date, the applicant shall be required to apply for an original certificate of registration with a new license number.

(c) The failure to renew a certificate of registration will cause the certificate of registration and the certificate of registration number to become invalid.

(d) The holder of an invalid certificate of registration shall not perform any work on automatic fire suppression systems.

(9) Renewal is the responsibility of the holder of the Certificate of Registration.

(a) Application for renewal will be made as directed by the SFM.

(b) A renewed certificate of registration shall be valid for one year from the previous date of expiration.

(10) Every holder of a valid certificate of registration will take a re-examination every five years, from the date of original certificate, as follows:

(a) the re-examination shall consist of one open book examination to be administered by the SFM at least 60 days before the renewal date;

(b) the re-examination will consist of questions that focus on changes in the last five years to the NFPA standards, the statute, and adopted practices of concerns noted by the board or SFM;

(c) the certificate holder is responsible to complete the re-examination prior to expiration and in sufficient time to renew; and

(d) the certificate holder is responsible to return to the SFM the correct renewal fees to complete that certificate renewal.

(11) The SFM may refuse to renew any certificate of registration for the reasons that are authorized pursuant to Section R710-7-9.

(a) The applicant will, upon such refusal, have the same rights as are granted by Section R710-7-9 to an applicant for an original certificate of registration which has been denied by the SFM.

(12) The holder of a certificate of registration will submit such certificate for inspection, upon request of the SFM, any authorized deputies, or any local fire official.

(13) Any change of address of any holder of a certificate of registration will be reported by the registered person to the SFM within 30 days of such change.

(a) Such change will also be made by the holder of the certificate of registration on the reverse side of the certificate of registration card.

(14) A duplicate certificate of registration may be issued by the SFM to replace any previously issued certificate which has been lost or destroyed.

(15) No certificate of registration shall be issued to any person who is under 18 years of age.

(16) Restrictive Use

(a) No certificate of registration will constitute authorization for any person to enter upon or into any property or building without expressed permission from an authorized individual.

(b) No certificate of registration will constitute authorization for any person to enforce any provisions of these rules or the International Fire Code.

(c) Regardless of the acts authorized to be performed by the licensed concern, only those acts for which the applicant for a certificate of registration has qualified will be permissible by such applicant.

(17) Certificates of registration will not be transferable.

(a) Individual certificates of registration will be carried by the person to whom issued.

(18) No certificate of registration will be issued to any person unless that person is a licensee or an employee of a licensed concern.

(19) New employees of a licensed concern may perform the various acts while under the direct supervision of a person holding a valid certificate of registration for a period not to exceed 45 days from the initial date of employment.

(20) Every certificate will be identified by a number, delineated as HE-number.

History

KEY: fire prevention, fire suppression systems, systems
Date of Last Change: September 13, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-7-7 Service Tags and Labels

(1) Tags shall be not more than five and one-half inches in height, nor less than four and one-half inches in height, and not more than three inches in width, nor less than two and one-half inches in width. Tags may be any color except red.

(2) One service tag will be attached to each automatic fire suppression system in such a position as to be conveniently inspected.

(3) The signature and certificate of registration number of the person performing the work shall be signed legibly on the service tag.

(a) All information pertaining to complete date, type of servicing, and type of system will be indicated on the tag by perforations in the appropriate space provided.

(4) A new service tag will be attached to a properly functioning system each time service is performed.

(a) A system not in compliance shall not receive a service tag, but shall receive a non-compliance tag as required in Section R710-7-7(9).

(5) The following wording shall be placed at the top or reinforced ring end of every tag: "DO NOT REMOVE, BY ORDER OF THE STATE FIRE MARSHAL".

(6) No person shall deface, modify, alter or remove any active service label or tag attached to or required to be attached to any automatic fire suppression system.

(7) All service tags shall be designed as required by the SFM.

(8) Six year maintenance and hydrostatic test labels will be affixed by a heatless process; and

(a) the labels will be:

(i) applied only when the system is recharged or undergoes six year maintenance servicing or hydrostatic testing;

(ii) durable to withstand the effects of weather and adverse conditions; and

(iii) designed as directed by the SFM.

(9) Non-compliance tags:

(a) will be affixed in a conspicuous location to any system failing to:

(i) meet service specifications; or

(ii) fully comply with manufacturers specifications or these rules;

(b) shall be red in color;

(d) shall remain in place until corrections are complete.

(e) After placing the non-compliance tag on the system, the service person shall notify the local fire chief or his authorized representative.

(i) The service person shall also furnish a copy of the service report to the authority having jurisdiction.

History

KEY: fire prevention, fire suppression systems, systems
Date of Last Change: September 13, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-7-8 Requirements For All Approved Systems

(1) Maintenance will be conducted on extinguishing systems at least every six months or immediately after use or activation.

(a) When fusible links are a required portion of the system, fusible links will be replaced semiannually or as required by the manufacturer of the system.

(b) Fusible links will show the date when installed by year only.

(2) Interchanging of parts from different manufactured systems is prohibited.

(a) Parts shall be specifically listed and compatible for use with the designed system.

(3) All replaced parts to the system serviced will be returned to the system owner or manager after completion of the service.

(a) Parts that are required to be returned to the manufacturer due to warranty are exempt.

(4) Any system requiring a hydrostatic test, will not be serviced until such system has been subjected to, and passed, the required test.

(a) A non-compliance tag will not be accepted to meet the requirements of this section.

(5) At the time of installation, and during any service, all servicing will be done in accordance with the manufacturer's instructions, adopted statutes, and these rules.

(a) Systems will be placed and remain in an operable condition, free from defects which may cause malfunctions.

(b) Discharge nozzles and piping will be free of obstructions or substances.

History

KEY: fire prevention, fire suppression systems, systems
Date of Last Change: September 13, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-7-9 Adjudicative Proceedings

(1) All adjudicative proceedings performed by the agency shall proceed informally as authorized by Sections 63G-4- 202 and 63G-4-203.

(2) The issuance, renewal, or continued validity of a license or certificate of registration may be denied, suspended, or revoked, if the SFM finds that the applicant, person employed for, or the person having authority and management of a concern servicing automatic fire suppression systems commits any of the following violations:

(a) the person or applicant is not the real person in interest;

(b) the person or applicant provides material misrepresentation or false statement on the application;

(d) the person or applicant for a license or certificate of registration does not have the proper facilities and equipment, to conduct the operations for which application is made;

(e) the person or applicant for a certificate of registration does not possess the qualifications of skill or competence to conduct the operations for which application was made, as evidenced by failure to pass the examination and practical tests pursuant to Section R710-7-6;

(f) the person or applicant has been convicted of one or more federal, state or local laws;

(g) the person or applicant has been convicted of a violation of the adopted rules or been found by a Board administrative proceeding to have violated the adopted rules;

(h) any offense or finding of unlawful conduct, or there is or may be, a threat to the public's health or safety if the applicant or person were granted a license or certificate of registration; or

(3) A person whose license or certificate of registration is suspended or revoked by the SFM shall have an opportunity for a hearing before the board if requested by that person within 20 days after receiving notice.

(5) The board shall act as the hearing authority, and shall convene after timely notice to all parties involved.

(a) The board shall be the final authority on the suspension or revocation of a license or certificate of registration.

(6) The board shall direct the SFM to issue a signed order to the parties involved giving the decision of the board within a reasonable time of the hearing pursuant to Section 63G-4-203.

(7) Reconsideration of the board decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

(8) After a period of three years from the date of revocation, the board shall review the submitted written application of a person whose license or certificate of registration has been revoked.

(a) After timely notice to all parties involved, the board shall convene to review the revoked persons application, and that person shall be allowed to present themselves and their case before the board.

(b) After the hearing, the board shall direct the SFM to allow the person to complete the licensing or certification process or shall direct that the revocation be continued.

(9) Judicial review of all final board actions resulting from informal adjudicative proceedings is available pursuant to Section 63G-4-402.

History

KEY: fire prevention, fire suppression systems, systems
Date of Last Change: September 13, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-7-10 Validity

If any section, subsection, sentence, clause, or phrase of these rules is for any reason held to be unconstitutional, contrary to statute, or exceeding the authority of the SFM, such decision shall not affect the validity of the remaining portion of these rules.

History

KEY: fire prevention, fire suppression systems, systems
Date of Last Change: September 13, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-7-11 Fees

(1) The required fee will accompany the application for license or certificate of registration.

(a) License or certificate of registration fees will be refunded if the application is denied.

(2) When a certificate of registration has expired for more than one year, an application will be made for an original certificate as if the application was being made for the first time.

(a) Examinations will be re-taken with initial fees.

History

KEY: fire prevention, fire suppression systems, systems
Date of Last Change: September 13, 2016
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

R710-8 Day Care Rules

Utah Admin. Code R710-8-1 Purpose

The purpose of this rule is to establish minimum standards for the prevention of fire and for the protection of life and property against fire and panic in any day care facility or children's home.

History

KEY: fire prevention, day care
Date of Last Change: August 23, 2016
Notice of Continuation: February 9, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-8-2 Authority

This rule is authorized by Section 53-7-204.

History

KEY: fire prevention, day care
Date of Last Change: August 23, 2016
Notice of Continuation: February 9, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-8-3 Definitions

(1) "Authority Having Jurisdiction (AHJ)" means the State Fire Marshal, his duly authorized deputies, or the local fire enforcement authority.

(2) "Board" means Utah Fire Prevention Board.

(3) "Client" means a child or adult receiving care from other than a parent, guardian, relative by blood, marriage or adoption.

(4) "Day Care Facility" means any building or structure occupied by clients of any age who receive custodial care for less than 24 hours by individuals other than parents, guardians, relatives by blood, marriage or adoption.

(5) "Day Care Center" means providing care for five or more clients in a place other than the home of the person cared for. This would also include Child Care Centers or Hourly Child Care Centers licensed by the Department of Health.

(6) "Family Day Care" means providing care for clients listed in the following two groups:

(a) Type 1 - Services provided for five to eight clients in a home. This would also include a home that is certified by the Department of Health as Residential Certificate Child Care or licensed as Family Child Care; and

(b) Type 2 - Services provided for nine to sixteen clients in a home with sufficient staffing. This would also include a home that is licensed by the Department of Health as Family Child Care.

(7) "ICC" means International Code Council, Inc.

(8) "IFC" means International Fire Code.

(9) "NFPA" means National Fire Protection Association.

(10) "SFM" means State Fire Marshal.

History

KEY: fire prevention, day care
Date of Last Change: August 23, 2016
Notice of Continuation: February 9, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-8-4 Additions

(1) Places of religious worship shall not be required to meet the provisions of this rule in order to operate a nursery or day care while religious services are being held in the building.

(2) Family day care.

(a) Family day care units shall have on each floor occupied by clients, two separate means of egress, arranged so that if one is blocked the other will be available.

(b) Family day care units that are located in the basement or on the second story shall be provided with two means of egress, one of which shall discharge directly to the outside.

(i) Type 1 family day care units, located on the ground level or in a basement, may use an emergency escape or rescue openings as allowed in IFC, Chapter 10, Section 1030.

(d) In family day care units, clients under the age of two shall not be located above or below the first story.

(i) Clients under the age of two may be housed above or below the first story where there is at least one exit that leads directly to the outside and complies with IFC, Section 1011 or Section 1012 or Section 1027.

(e) Family day care units located in split entry/split level type homes in which stairs to the lower level and upper level are equal or nearly equal, may have clients housed on both levels when approved by the AHJ.

(f) Family day care units shall have a portable fire extinguisher on each level occupied by clients, which shall have a classification of not less than 2A:10BC, and shall be serviced in accordance with NFPA, Standard 10, Standard for Portable Fire Extinguishers.

(g) Family day care units shall have single station smoke detectors in good operating condition on each level occupied by clients. Battery operated smoke detectors shall be permitted if the facility demonstrates testing, maintenance, and battery replacement to insure continued operation of the smoke detectors.

(h) Rooms in family day care units that are provided for clients to sleep or nap, shall have at least one opening or door approved for emergency escape.

(i) Fire drills shall be conducted in family day care units quarterly and shall include the complete evacuation from the building of all clients and staff.

(i) At least annually, in type I family day care units, the fire drill shall include the actual evacuation using the escape or rescue opening, if one is used as a substitute for one of the required means of egress.

(3) Day care centers.

(a) Day care centers shall comply with either I-4 requirements or E requirements of the IBC, whichever is applicable for the type of day care center.

(b) Emergency evacuation drills shall be completed as required in IFC, Chapter 4, Section 405.

(4) Requirements for all day care.

(a) Heating equipment in spaces occupied by children shall be provided with partitions, screens, or other means to protect children from hot surfaces and open flames.

(b) A fire escape plan shall be completed and posted in a conspicuous place.

(i) All staff shall be trained on the fire escape plan and procedure.

(c) The AHJ shall insure at each inspection there is sufficient adult staff to client ratios to allow safe and orderly evacuation in case of fire.

(i) For day care involving children, the AHJ may use the care giver to children ratios established in rule by the Department of Health as an established guideline.

History

KEY: fire prevention, day care
Date of Last Change: August 23, 2016
Notice of Continuation: February 9, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-8-5 Repeal of Conflicting Board Actions

All former board actions, or parts thereof, conflicting or inconsistent with the provisions of this board action or of the codes hereby adopted, are hereby repealed.

History

KEY: fire prevention, day care
Date of Last Change: August 23, 2016
Notice of Continuation: February 9, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-8-6 Validity

The board hereby declares that should any section, paragraph, sentence, or word of this board action, or of the codes hereby adopted, be declared invalid, it is the intent of the board that it would have passed all other portions of this action, independent of the elimination of any portion as may be declared invalid.

History

KEY: fire prevention, day care
Date of Last Change: August 23, 2016
Notice of Continuation: February 9, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-8-7 Conflicts

History

KEY: fire prevention, day care
Date of Last Change: August 23, 2016
Notice of Continuation: February 9, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-8-8 Adjudicative Proceedings

(1) All adjudicative proceedings performed by the agency shall proceed informally as set forth herein and as authorized by Sections 63G-4-202 and 63G-4-203.

(2) A person may request a hearing on a decision made by the AHJ by filing an appeal to the board within 20 days after receiving the final decision from the AHJ.

(4) The board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved.

(5) The board shall direct the SFM to issue a signed order to the parties involved giving the decision of the board within a reasonable time of the hearing pursuant to Section 63G-4-203.

(6) Reconsideration of the board's decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

(7) Judicial review of all final board actions resulting from informal adjudicative proceedings is available pursuant to Section 63G-4-402.

History

KEY: fire prevention, day care
Date of Last Change: August 23, 2016
Notice of Continuation: February 9, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

R710-9 Rules Pursuant to the Utah Fire Prevention and Safety Act

Utah Admin. Code R710-9-1 Purpose

The purpose of this rule is to provide minimum rules for safeguarding life and property from the hazards of fire and explosion, for board meeting conduct, deputizing Special Deputy State Fire Marshals, procedures to amend incorporated references, establishing board subcommittees, enforcement of the rules of the State Fire Marshal, requirements for the firefighter support restricted account, regulation of novelty lighters, procedures for the issuance of blasting permits, and amendments and additions.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-2 Authority

This rule is authorized by Section 53-7-204.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-3 Definitions

(1) "Authority Having Jurisdiction (AHJ)" means the State Fire Marshal, authorized deputies, or the local fire enforcement authority.

(2) "Board" means Utah Fire Prevention Board.

(3) "Committee" means the Firefighter Support Restricted Account Advisory Committee.

(4) "Division" means State Fire Marshal.

(5) "Dwelling Unit" means one or more rooms arranged for the use of one or more individuals living together, as in a single housekeeping unit normally having cooking, living, sanitary, and sleeping facilities. For purposes of this standard, dwelling unit includes hotel rooms, dormitory rooms, apartments, condominiums, sleeping rooms in nursing homes, and similar living units.

(6) "IFC" means International Fire Code.

(7) "LFA" means Local Fire Authority.

(8) "Premixed" means the mixing of antifreeze with water that is prepared by the manufacturer with a quality control procedure that ensures that the antifreeze and water solution does not separate.

(9) "Restricted Account" means Firefighter Support Restricted Account.

(10) "SFM" means State Fire Marshal or authorized deputy.

(11) "Subcommittee" means Fire Prevention Board Budget Subcommittee or Amendment Subcommittee.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-4 Conduct of Board Members and Board Meetings

(1) Board meetings shall be presided over and conducted by the chair and in the chair's absence, by the vice chair or the chair's designee.

(2) A quorum shall be required to approve any action of the board.

(3) The chair of the board and board members shall be entitled to vote on all issues considered by the board. A board member who declares a conflict of interest or where a conflict of interest has been determined, shall not vote on that particular issue.

(4) Meetings of the board shall be conducted in accordance with an agenda, which shall be submitted to the members by the division, not less than 14 days before the regularly scheduled board meetings.

(5) Public notice of board meetings shall be made by the division as prescribed in Section 52-4-202.

(6) The division shall provide the board with a secretary who shall prepare minutes and shall perform all secretarial duties necessary for the board to fulfill its responsibility. The minutes of board meetings shall be completed and sent to board members at least 14 days before the scheduled board meeting.

(7) A board member's standing on the board shall come under review after two unexcused absences in one year from regularly scheduled board meetings. The board member's name shall be submitted to the governor's office for status review.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-5 Deputizing Persons to Act as Special Deputy State Fire Marshals

(1) Special deputy state fire marshals may be appointed by the SFM to positions of expertise within the regular scope of the Fire Marshal's Office.

(2) Pursuant to Section 53-7-101, special deputy state fire marshals may also be appointed to assist the Fire Marshal's Office in establishing and maintaining minimum fire prevention standards in those occupancy classifications listed in the International Fire Code.

(3) Special deputy state fire marshals shall be appointed after review by the State Fire Marshal in regard to their qualifications and the overall benefit to the Office of the State Fire Marshal.

(4) Special deputy state fire marshals shall be appointed by completing an oath and shall be appointed for a specific period.

(5) Special deputy state fire marshals shall have a picture identification card and shall carry that card when performing their assigned duties.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-6 Procedures to Amend the International Fire Code

(1) All requests for amendments to the IFC shall be submitted to the division on forms created by the division, for presentation to the board at the next regularly scheduled board meeting.

(2) Requests for amendments received by the division less than 21 days before any regularly scheduled meeting of the board may be delayed in presentation until the next regularly scheduled board meeting.

(3) Upon presentation of a proposed amendment, the board shall do one of the following:

(a) accept the proposed amendment as submitted or as modified by the board;

(b) reject the proposed amendment;

(d) return the proposed amendment to the requesting person or agency, accompanied by board comments, allowing the requesting person or agency to resubmit the proposed amendment with modifications.

(4) The Board Amendment Subcommittee shall report its recommendation to the board at the next regularly scheduled board meeting.

(5) The board shall make a final decision on the proposed amendment at the next board meeting following the original submission.

(6) The board may reconsider any request for amendment, reverse or modify any previous action by majority vote.

(7) When approved by the board, the requesting agency shall provide to the division within 45 days, the completed ordinance.

(8) The division shall maintain a list of amendments to the IFC that have been granted by the board.

(9) The division shall make available to any person or agency copies of the approved amendments upon request, and may charge a reasonable fee for multiple copies in accordance with Section 63G-2-203.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-7 Fire Advisory and Code Analysis Committee

(1) There is created by the board a Fire Advisory and Code Analysis Committee whose duties are to provide direction to the board in the matters of fire prevention and building codes.

(2) The committee shall serve in an advisory position to the board, members shall be appointed by the board, shall serve for a term of three years, and shall consist of the following members:

(a) a representative from the State Fire Marshal's Office;

(b) the Code Committee Chair of the Fire Marshal's Association of Utah;

(d) a representative from the Department of Health and Human Services;

(e) the Chief Elevator Inspector from the Utah Labor Commission; and

(f) a representative from Forestry, Fire and State Lands.

(3) This committee shall join together with the Uniform Building Code Commission Fire Protection Advisory Committee to form the Unified Code Analysis Council.

(4) The Council shall meet as directed by the board or as directed by the Building Codes Commission or as needed to review fire prevention and building code issues that require definitive and specific analysis.

(5) The Council shall select one of its members to act in the position of chair and another to act as vice chair. The chair and vice chair shall serve for one year terms on a calendar year basis. Elections for chair and vice chair shall occur at the meeting conducted in the last quarter of the calendar year.

(6) The chair or vice chair of the council shall report to the board or Building Codes Commission recommendations of the Council with regard to the review of fire and building codes.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-8 Enforcement of the Rules of the State Fire Marshal

(1) Fire and life safety plan reviews of new construction, additions, and remodels of state owned facilities shall be conducted by the SFM, or authorized deputies. State owned facilities shall be inspected by the SFM, or authorized deputies.

(2) Fire and life safety plan reviews of new construction, additions, and remodels of public and private schools shall be completed by the SFM, or authorized deputies, and the LFA.

(3) Fire and life safety plan reviews of new construction, additions, and remodels of publicly owned buildings, privately owned colleges and universities, and institutional occupancies, with the exception of state owned buildings, shall be completed by the LFA. If not completed by the LFA, the SFM, or authorized deputies shall complete the plan review.

(4) The following listed occupancies shall be inspected by the LFA, the SFM, or authorized deputies:

(a) publicly owned buildings other than state owned buildings;

(b) public and private schools;

(d) institutional occupancies; and

(e) places of assembly.

(5) The board shall require before approval of a grant the following:

(a) that the applying fire agency be actively participating in the statewide fire statistics reporting program; and

(b) that the applying fire agency be actively working toward structural or wildland firefighter certification through the Utah Fire Service Certification System.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-9 Fire Prevention Board Budget and Amendment Subcommittees

(1) There are created two Fire Prevention Board subcommittees known as the Budget Subcommittee, and the Amendment Subcommittee. Each subcommittee's membership shall be appointed from members of the board.

(2) Subcommittee membership shall be by appointment of the board chair or as volunteered by board members. Subcommittee membership shall be limited to four board members.

(3) Each subcommittee shall meet as necessary and shall vote and appoint a chair to represent the subcommittee at regularly scheduled board meetings.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-10 Firefighter Support Restricted Account

(1) There is created by the board a Firefighter Support Restricted Account Advisory Committee whose duties are to provide direction to the division in the distribution of funds in the restricted account.

(2) The Committee shall be appointed by the division, approved by the board, and shall consist of the following members:

(a) two representatives from the Utah State Firemen's Association;

(b) two representatives from the Utah State Fire Chiefs Association;

(d) one representative from the general public.

(3) The committee members shall serve for a term of three years, shall meet as directed by the division, and a majority of members shall be present to constitute a quorum.

(4) The committee shall select one of its members to act in the position of chair. The chair shall serve for a term of one year, and shall be a voting member only in the event of a tie vote.

(5) The committee shall assist the division in preparing application forms to be used to apply for distributions from the restricted account.

(6) The Division shall set a specific time period each year for the receiving of applications, the review of applications by the committee, and the distribution of the restricted account funds.

(7) The division shall distribute the restricted account funding to charitable organizations meeting the requirements listed in Subsection 53-7-109(4), and to be expended for only the purposes allowed in accordance with Subsection 53-7- 109(5)(b).

(8) In the event of a conflict in the distribution of the restricted account funds, an appeal for resolution shall be made to the board. The board shall be the final authority in the resolution of the conflict.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-11 Regulation of Novelty Lighters

All novelty lighters that have been identified as toy-like lighters by the Novelty and Toy-Like Lighter Assessment Committee, and placed by picture and description on the Utah Department of Public Safety, State Fire Marshal Website, Toy and Novelty Lighter Initiative, Toy-like Lighters Disavowed List, http://publicsafety.utah.gov/firemarshal, shall not be sold or offered for sale in the state.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-12 Amendments and Additions

There are currently no amendments and additions adopted by the board for application statewide.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-13 Repeal of Conflicting Board Actions

All former board actions, or parts thereof, conflicting or inconsistent with the provisions of this board action or of the codes adopted, are repealed.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-14 Validity

The Utah Fire Prevention Board declares that should any section, paragraph, sentence, or word of this board action, or of the codes adopted, be declared invalid, it is the intent of the Utah Fire Prevention Board that it would have passed all other portions of this action, independent of the elimination of any portion as may be declared invalid.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-9-15 Adjudicative Proceedings

(1) All adjudicative proceedings performed by the agency shall proceed informally as set forth in this rule and as authorized by Sections 63G-4-202 and 63G-4-203.

(2) If a city, county, or fire protection district refuses to establish a method of appeal regarding a portion of the IFC, the appealing party may petition the board to act as the board of appeals.

(3) A person may request a hearing on a decision made by the SFM, authorized deputies, or the LFA, by filing an appeal to the board within 20 days after receiving final decision.

(4) All adjudicative proceedings, other than criminal prosecution, taken by the SFM, authorized deputies, or the LFA, to enforce the Utah Fire Prevention and Safety Act and this rule, shall begin in accordance with Section 63G-4-201.

(5) The board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved.

(6) The board shall direct the SFM to issue a signed order to the parties involved giving the decision of the board within a reasonable time of the hearing pursuant to Section 63G-4-203.

(7) Reconsideration of the board's decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

(8) Judicial review of all final board actions resulting from informal adjudicative proceedings is available pursuant to Section 63G-4-402.

History

KEY: fire prevention, law
Date of Last Change: October 25, 2023
Notice of Continuation: April 19, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204

R710-11 Fire Alarm System Inspecting and Testing

Utah Admin. Code R710-11-1 Purpose

The purpose of this rule is to establish minimum rules to provide regulation to those who inspect and test fi re alarm systems.

History

KEY: fire alarm systems
Date of Last Change: August 23, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-11-2 Authority

This rule is authorized by Section 53-7-204.

History

KEY: fire alarm systems
Date of Last Change: August 23, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-11-3 Definitions

(1) "Annual" means a period of one year or 365 calendar days.

(2) "Authority Having Jurisdiction (AHJ) means the State Fire Marshal, his duly authorized deputies, the local fire enforcement authority, and building officials.

(3) "Board" means Utah Fire Prevention Board.

(5) "Inspecting and Testing" means work completed to ensure that the system operates properly as required by applicable statute, codes and standards.

(6) "IFC" means International Fire Code.

(7) "NFPA" means National Fire Protection Association.

(8) "NICET" means National Institute for Certification in Engineering Technologies.

(9) "SFM" means State Fire Marshal or authorized deputy.

(10) "Service" means inspecting and testing of fire alarm systems.

History

KEY: fire alarm systems
Date of Last Change: August 23, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-11-4 Certificates of Registration

(1) No person shall engage in the inspecting and testing of fire alarm systems without first receiving a certificate of registration issued by the SFM.

(2) The following groups are exempted from the requirements of this part:

(a) the AHJ that is performing the initial installation acceptance testing of the fire alarm system or ongoing inspections to verify compliance with the adopted NFPA standards and these rules; and

(ii) the building owner or designee that performs additional periodic inspections beyond the annual inspection required in Section R710-11-7(2), to satisfy requirements set by company policy, insurance, or risk management.

(3) Application for a certificate of registration to inspect and test fire alarm systems shall be made in writing to the SFM on forms provided by the SFM and signed by the applicant.

(a) The SFM or his deputies may request picture identification of the applicant for a certificate of registration.

(b) The applicant shall indicate on the application which of the three technician levels the applicant will apply for:

(i) Basic Fire Alarm Technician;

(ii) Fire Alarm Technician; or

(iii) Master Fire Alarm Technician.

(c) The application for a certificate of registration shall be accompanied with proof of public liability insurance from the certificate holder or employing concern.

(i) A public liability insurance carrier showing coverage of at least $100,000 for each incident, and $300,000 in total coverage shall issue the public liability insurance.

(ii) The certificate of registration holder shall notify the SFM within 30 days after the public liability insurance coverage required is no longer in effect for any reason.

(4) The SFM shall require all applicants for a certificate of registration as a technician to complete the following:

(a) Basic Fire Alarm Technician shall:

(i) pass a written examination on basic testing of fire alarm systems or shall be certified as a NICET I; and

(ii) complete the manipulative skills task book.

(iii) Work as a Basic Fire Alarm Technician shall be performed under direct supervision of a Fire Alarm Technician or Master Fire Alarm Technician.

(b) Fire Alarm Technician shall:

(i) pass all the requirements listed for Basic Fire Alarm Technician; and

(ii) pass a written examination on basic testing and maintenance of fire alarm systems limited up to and including four story buildings or shall be certified as a NICET II.

(i) pass all the requirements listed for Basic Fire Alarm Technician and Fire Alarm Technician; and

(ii) pass a written examination on fire alarm systems in buildings over four stories, voice alarm/evacuation systems, and smoke control systems or shall be certified as a NICET III or as NICET IV.

(5) Examinations.

(a) All certification examinations given are open book examinations;

(i) The applicant is allowed to use the statute, the administrative rule, and the NFPA standard that applies to the certification examination; and

(ii) Any other materials to include cellular telephones are prohibited in the examination room.

(b) Completion of the certification examination will not be allowed if it appears to the test administrator that the applicant has not prepared to take the examination.

(i) To successfully pass the written examination, the applicant must obtain a minimum grade of 70%.

(ii) Leaving the office or testing location before the completion of the examination voids the examination and will require the examination to be retaken by the applicant.

(d) If there are different levels of proficiency in the subject matter, the lower proficiency level will be fully completed before the next higher proficiency will be administered.

(e) To successfully complete the manipulative skills task book, all required skill tasks shall be signed as completed by a person duly qualified or certified in that skill.

(6) Those applicants that have successfully completed the requirements outlined in Section R710-11-5, and are certified by NICET in the skills that correspond to the work to be performed by the applicant, shall have the requirement for written examination waived after appropriate documentation is provided to the SFM by the applicant.

(7) Following receipt of the properly completed application and successful completion of required testing, the SFM shall issue a certificate of registration.

(9) Application for renewal shall be made as directed by the SFM.

(10) Every holder of a valid certificate of registration shall take a re-examination every three years, from date of original certificate.

(a) The re-examination shall consist of an examination for each level of certification, to be mailed to the certificate holder at least 60 days before the renewal date.

(b) The re-examination will consist of questions that focus on changes in the last three years to the adopted NFPA standards, the statute, and the adopted administrative rules. The re-examination may also consist of questions that focus on practices of concern as noted by the board or the SFM.

(c) The certificate holder is responsible to complete the re-examination and return it to the SFM in sufficient time to renew.

(d) The certificate holder is responsible to return to the SFM the correct renewal fees to complete that certificate renewal.

(11) The SFM may refuse to renew any certificate of registration pursuant to R710-11-8(2).

(a) The applicant shall, upon such refusal, have the same rights as are granted by Section R710-11-8.

(12) The holder of a certificate of registration shall submit such certificate for inspection, upon request of the AHJ.

(13) Every certificate of registration shall indicate the type of act or acts to be performed and for which the applicant has qualified.

(14) Any change in home address of any holder of a valid certificate of registration shall be reported in writing, by the registered person to the SFM within 30 days of such change.

(15) A duplicate certificate of registration may be issued by the SFM to replace any previously issued certificate, which has been lost or destroyed.

(16) No certificate of registration shall be issued to any person who is under 18 years of age.

(17) Restrictive Use.

(a) A certificate of registration may be used for identification purposes only as long as such certificate remains valid.

(18) Right to Contest.

(a) Every person who takes an examination for a certificate of registration shall have the right to contest the validity of individual questions of such examination.

(b) Every contention as to the validity of individual questions of an examination shall be made within 48 hours after taking said examination.

(c) The decision as to the action to be taken on the submitted contention shall be made by the SFM, and such decision shall be final.

(d) The decision made by the SFM, and the action taken, shall be reflected in all future examinations, but shall not affect the grades established in any past examination.

(19) Certificates of Registration shall not be transferable. The person to whom issued shall carry individual certificates of registration.

(20) Every certificate shall be identified by a number. The certificate of registration shall be worn in a visible manner when inspecting and testing fire alarm systems.

(21) New or existing employees desiring to attain a certificate of registration may perform the various acts required while under the constant direct supervision of a person holding a valid certificate of registration for a period not to exceed 90 days from the initial date of employment or beginning service in the field.

History

KEY: fire alarm systems
Date of Last Change: August 23, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-11-5 Service Tags

(1) Size and Color.

(b) Tags may be produced in any color except red or a variation of red.

(c) A red tag shall be used to indicate the system fails to ensure a reasonable degree of protection for life and property from fire through inspecting and testing of fire alarm systems as required in NFPA, Standard 72, and the requirements of these rules.

(i) After placing the red tag on the system, the certified person shall notify the AHJ and provide the AHJ with a written copy of the noted deficiencies.

(d) If the AHJ reviews the noted deficiencies on the attached red tag and finds the deficiencies are not consistent with the requirements in NFPA, Standard 72, the red tag shall be removed by the certified person that attached the red tag.

(2) The service tag shall be attached at the fire alarm control panel for each system inspected or at other locations as needed to show compliance.

(a) The service tag shall be attached to the control panel in such a position as to be conveniently inspected by the AHJ.

(3) Service tags shall bear the following information:

(a) provisions of Section 4.7;

(b) approved Seal of Registration of the SFM;

(d) signature of individual whose certificate of registration number appears on the tag;

(e) concern's name;

(f) concern's address;

(g) type of service performed;

(h) type of system serviced; and

(i) date service is performed.

(b) The above information shall appear on one side of the service tag. All other desired printing or information shall be placed on the reverse side of the tag.

(4) Legibility.

(a) The certificate of registration number required in Section R710-11-5(3)(c), and the signature required in Section R710- 11-5(3)(d), shall be printed or written distinctly.

(5) An sample service tag is on file in the State Fire Marshal's Office for review.

(6) A new service tag shall be attached to a system each time a service is performed.

(7) The following wording shall be placed at the top or reinforced ring end of every tag: "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL".

(8) Removal.

(a) No person or persons shall remove a service tag except when further service is performed.

(b) No person shall deface, modify, or alter any service tag that is required to be attached to the system.

(c) A red tag can only be removed by written authority from the AHJ. Verbal authority to initially remove the tag is allowed as long as it is followed by written authority.

(9) Service tags may be printed for any number of years not to exceed eight years.

History

KEY: fire alarm systems
Date of Last Change: August 23, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-11-6 Seal of Registration

(1) The official seal of registration of the SFM shall consist of the following:

(a) the image of the State of Utah shall be in the center with an outer ring stating, "Utah State Fire Marshal";

(i) the top portion of the outer ring shall have the wording "Utah State"; and

(ii) the bottom portion of the outer ring shall have the wording "Fire Marshal".

(b) Appending below the bottom portion and in a centered position, shall be a box provided for the displaying of the certification number assigned to the person.

(2) No person shall produce, reproduce, or use this seal in any manner or for any purpose except as herein provided.

(3) Certificate holders or concerns shall use the Seal of Registration on every service tag.

(5) Every reproduction of the Seal of Registration and every letter and number placed thereon, shall be of sufficient size to render such seal, letter, and number distinct and clearly legible.

History

KEY: fire alarm systems
Date of Last Change: August 23, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-11-7 Amendments and Additions

(1) At the time of service, all servicing shall be done in accordance with the adopted NFPA standard, adopted statutes, and these rules.

(2) Fire alarm systems shall be inspected annually by a person holding the appropriate certificate of registration as required in Section R710-11-4(1).

(3) Newly installed fire alarm systems are exempt from the annual testing requirement required in Section R710-11-7(2), for one year from the approval date of the initial installation acceptance testing.

History

KEY: fire alarm systems
Date of Last Change: August 23, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-11-8 Adjudicative Proceedings

(1) All adjudicative proceedings performed by the agency shall proceed informally as authorized by Sections 63G-4-202 and 63G-4-203.

(a) the applicant or person is not the real person of interest;

(b) the applicant or person provides material misrepresentation or false statements on the application;

(d) the applicant or person for a certificate of registration does not have the proper equipment to conduct the operations for which application is made;

(f) the applicant or person refuses to take the examination required by Section R710-11-4(3) of these rules;

(g) the applicant or person fails to pay the certification of registration, examination or other required fees as required in Section R710-11-9;

(h) the applicant or person has been convicted of violating one or more federal, state or local laws;

(j) the applicant or person has been convicted of a violation of the adopted rules or been found by a board administrative proceeding to have violated the adopted rules;

(k) any offense or finding of unlawful conduct, or there is or may be, a threat to the public's health or safety if the applicant or person were granted a certificate of registration; or

(l) there are other factors upon which a reasonable and prudent person would rely to determine the suitability of the applicant or person to safely and competently engage in the practice of servicing fire alarm system equipment.

(6) The board shall direct the SFM to issue a signed order to the parties involved giving the decision of the board within a reasonable time of the hearing pursuant to Section 63G-4-203.

(7) Reconsideration of the board decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

(8) After a period of three years from the date of revocation, the board shall review the submitted written application of a person whose certificate of registration has been revoked. After timely notice to all parties involved, the board shall convene to review the revoked person's application, and that person shall be allowed to present themselves and their case before the board. After the hearing, the board shall direct the SFM to allow the person to complete the certification process or shall direct that the revocation be continued.

(9) Judicial review of all final board actions resulting from informal adjudicative proceedings shall be conducted pursuant to Section 63G-4-402.

History

KEY: fire alarm systems
Date of Last Change: August 23, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-11-9 Fees

(1) The required fee shall accompany the application for certificate of registration.

(a) Certificate of registration fees will be refunded if the application is denied.

(2) When a certificate of registration has expired for more than one year, an application shall be made for an original certificate as if the application was being made for the first time.

History

KEY: fire alarm systems
Date of Last Change: August 23, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-7-204

R710-12 Hazardous Materials Training and Certification

Utah Admin. Code R710-12-1 Purpose

The purpose of this rule is to establish minimum rules establishing ongoing training standards for hazardous materials emergency response agencies. The Board also adopts minimum rules for certification for persons who provide hazardous materials emergency response services.

History

KEY: hazardous materials
Date of Last Change: April 9, 2019
Notice of Continuation: March 28, 2024
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-12-2 Authority

This rule is authorized by Section 53-7-204.

History

KEY: hazardous materials
Date of Last Change: April 9, 2019
Notice of Continuation: March 28, 2024
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-12-3 Adoption

There is adopted as part of these rules the National Fire Protection Association (NFPA), Standard 472, Standard for Competence of Responders to Hazardous Materials/Weapons of Mass Destruction Incidents, 2013 edition, and (NFPA) Standard 1072, 2017 edition, except as amended by provisions as outlined in this rule.

History

KEY: hazardous materials
Date of Last Change: April 9, 2019
Notice of Continuation: March 28, 2024
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-12-4 Definitions

(1) "AHJ" means Authority Having Jurisdiction.

(2) "Board" means Utah Fire Prevention Board.

(3) "Certificate" means a written document issued by the Utah Fire Service Certification Council, or the Utah State Fire Marshal's office.

(4) "Council" means Hazardous Materials Advisory Council.

(5) "Emergency response agencies" means those agencies that are created and under the control of local, state or federal government or regional inter-governmental agencies to provide emergency response for hazardous materials.

(6) "Hazardous Material" means a substance that is solid, liquid or gas, that when released is capable of creating harm to people, the environment and property and includes, but is not limited to, weapons of mass destruction as well as illicit labs, environmental crimes, and industrial sabotage.

(7) "Emergency Response Services" means providing or coordinating on-site defensive or offensive actions to reduce the risk of harm to people, the environment and property during the emergency phase of a hazardous materials incident.

(8) "NFPA" means National Fire Protection Association.

(9) "SFM" means State Fire Marshal or authorized deputy.

(10) "Utah Fire Service Certification System" means the system approved by the Board to provide certification to those emergency personnel certifying in hazardous materials.

History

KEY: hazardous materials
Date of Last Change: April 9, 2019
Notice of Continuation: March 28, 2024
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-12-5 Hazardous Materials Advisory Council

(1) There is created by the board, the Hazardous Materials Advisory Council, whose duties are to provide direction to the board in matters relating to training and certification standards for hazardous materials emergency responders and emergency response agencies.

(2) The council's members shall be appointed by the board, shall serve four year terms, and shall consist of the following members:

(a) a representative from the career fire service;

(b) a representative from the volunteer fire service;

(d) a representative from the Department of Transportation;

(e) a representative from law enforcement;

(f) a representative from the Fire and Rescue Academy;

(g) a representative from the State Fire Marshal office;

(h) a representative from the National Guard;

(i) a representative from a Local Emergency Planning Committee; and

(j) a representative from private industry.

(3) The council shall meet quarterly or as directed, and a majority of the members shall be present to constitute a quorum.

(4) The council shall select one of its members to act in the position of chair, and another member to act as vice chair.

(a) The chair and vice chair shall serve one year terms on a calendar year basis.

(b) Elections for chair and vice chair shall occur at the meeting conducted in the last quarter of each calendar year.

(5) If a council member has two or more unexcused absences during a 12 month period, from regularly scheduled meetings, it is considered grounds for dismissal pending review by the board. The coordinator shall submit the name of the member to the board for status review.

(6) A member of the council that cannot be in attendance, may have a representative of their respective organization attend and vote by proxy for that member or the member may have another council member vote by proxy, if submitted and approved by the coordinator prior to the meeting.

(7) The chair or vice chair of the council shall report to the board the activities of the council at regularly scheduled board meetings. The coordinator may report to the board the activities of the council in the absence of the chair or vice chair.

(8) The council shall consider all subjects presented to them, subjects assigned to them by the board, and shall report their recommendations to the board at regularly scheduled board meetings.

(9) One-half of the members of the council shall be reappointed or replaced by the board every two years.

History

KEY: hazardous materials
Date of Last Change: April 9, 2019
Notice of Continuation: March 28, 2024
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-12-6 Training

(1) Instruction materials designed for statewide use that will teach minimum core competencies for those persons certifying to provide response services regarding hazardous material emergencies shall be approved by the council and accepted by the Utah Fire Service Certification Council.

(2) Written examinations, practical or actual demonstrations, and any other required testing given for core competency, for those persons certifying to provide response services regarding hazardous material emergencies statewide, shall be approved by the council and accepted by the Utah Fire Service Certification Council.

History

KEY: hazardous materials
Date of Last Change: April 9, 2019
Notice of Continuation: March 28, 2024
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-12-7 Certificates

(1) To be certified in hazardous material response, a request for certification shall be made in writing to the Utah Fire Service Certification System, or the Utah State Fire Marshal's Haz-Mat Section.

(a) The applicant shall indicate which of the five certification levels the applicant will apply for:

(i) Awareness Level;

(ii) Operations Level Responder;

(iii) Hazardous Materials Technician;

(iv) Hazardous Materials Officer; or

(v) Hazardous Materials Incident Commander.

(2) Examination.

(a) An applicant certifying at the Awareness Level shall be trained to meet all the competencies in Chapter 4 of NFPA 472 and pass a written examination with a minimum score of 70%.

(b) An applicant certifying as an Operations Level Responder shall meet all the requirements listed in Subsection R710-12-7(3)(a), and shall be trained to meet all the competencies in Chapter 5 of NFPA 472, and pass a written examination with a minimum score of 70%. The applicant shall also pass a practical or actual demonstration on some selected aspects of hazardous materials consistent with the level seeking certification.

(c) An applicant certifying as a Hazardous Materials Technician shall pass all the requirements listed in Subsections R710-12-7(3)(a) and R710-12-7(3)(b), and shall be trained to meet all the competencies in Chapter 7 of NFPA 472, and shall pass a written examination with a minimum score of 70%. The applicant shall also pass a practical or actual demonstration on some selected aspects of hazardous materials consistent with the level seeking certification.

(d) An applicant certifying as a Hazardous Materials Officer shall meet all the requirements listed in Subsections R710-12-7(3)(a) through R710-12-7(3)(b), and shall be trained to meet all the competencies in Chapter 10 of NFPA 472, and shall pass a written examination with a minimum score of 70%. The applicant shall also pass a practical or actual demonstration on some selected aspects of hazardous materials consistent with the level seeking certification.

(e) An applicant certifying as a Hazardous Materials Incident Commander shall meet all the requirements listed in Subsections R710-12-7(3)(a) through R710-12-7(3)(b), and shall be trained to meet all the competencies in Chapter 8 of NFPA 472, and shall pass a written examination with a minimum score of 70%. The applicant shall also pass a practical or actual demonstration on some selected aspects of hazardous materials consistent with the level seeking certification.

(3) Following receipt of the properly completed application and compliance with Subsection R710-12-7(3), the Utah Fire Service Certification Council, or the Utah State Fire Marshal's Haz-Mat Section shall issue a certificate.

(4) Original certificates shall be valid for three years from the date of certification issuance. Thereafter, each certificate of registration shall be renewed every three years from issuance, unless otherwise specified by a Utah certification standard.

(5) Renewal shall be made as directed by the Utah Fire Service Certification Council.

(6) Every holder of a valid certificate shall provide to the certifying entity written verification from the authorizing agency that they have received continuing training in hazardous materials necessary to maintain competency over the previous three-year period of certification issuance.

History

KEY: hazardous materials
Date of Last Change: April 9, 2019
Notice of Continuation: March 28, 2024
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-12-8 Adjudicative Proceedings

All adjudicative proceedings performed with regard to a certificate issued under Section R710-12-7 shall proceed as outlined in the Utah Fire Service Certification System, Policy and Procedures Manual.

History

KEY: hazardous materials
Date of Last Change: April 9, 2019
Notice of Continuation: March 28, 2024
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-12-9 Fees

The required fee for certification and recertification shall be paid to the Utah Fire Service Certification System.

History

KEY: hazardous materials
Date of Last Change: April 9, 2019
Notice of Continuation: March 28, 2024
Authorizing, and Implemented or Interpreted Law: 53-7-204

R710-13 Reduced Cigarette Ignition Propensity and Firefighter Protection Act

Utah Admin. Code R710-13-1 Purpose

The purpose of this rule is to establish minimum rules for the enactment of the Reduced Cigarette Ignition Propensity and Firefighter Protection Act.

History

KEY: fire safe cigarettes
Date of Last Change: August 23, 2016
Notice of Continuation: July 31, 2023
Authorizing, and Implemented or Interpreted Law: 53-7-407

Utah Admin. Code R710-13-2 Authority

This rule is authorized by Section 53-7-407.

History

KEY: fire safe cigarettes
Date of Last Change: August 23, 2016
Notice of Continuation: July 31, 2023
Authorizing, and Implemented or Interpreted Law: 53-7-407

Utah Admin. Code R710-13-3 Definitions

(1) "AG" means Attorney General

(2) "Board" means Utah Fire Prevention Board.

(3) "NFPA" means National Fire Protection Association.

(4) "SFM" means State Fire Marshal or authorized deputy.

(5) "Tax Commission" means the Utah State Tax Commission.

History

KEY: fire safe cigarettes
Date of Last Change: August 23, 2016
Notice of Continuation: July 31, 2023
Authorizing, and Implemented or Interpreted Law: 53-7-407

Utah Admin. Code R710-13-4 Certification and Product Change

(1) If the SFM intends to remove a brand from the certified list, it will send a notice of intent to deny to the manufacturer. The notice of intent shall include the following:

(a) the factual and legal deficiencies upon with the SFM intended action rests;

(b) the actions the manufacturer must take to satisfy the factual or legal deficiencies upon with the intended action is based; and

(c) the notification that the manufacturer shall have 15 working days to cure the deficiencies and submit documentation or other information to correct the deficiencies. The SFM may extend the time period for a manufacturer to cure the deficiencies.

History

KEY: fire safe cigarettes
Date of Last Change: August 23, 2016
Notice of Continuation: July 31, 2023
Authorizing, and Implemented or Interpreted Law: 53-7-407

Utah Admin. Code R710-13-5 Adjudicative Proceedings

(1) Adjudicative proceedings performed by the agency shall proceed informally as authorized by Sections 63G-4-202 and 63G-4-203.

History

KEY: fire safe cigarettes
Date of Last Change: August 23, 2016
Notice of Continuation: July 31, 2023
Authorizing, and Implemented or Interpreted Law: 53-7-407

R710-14 Food Truck Licensing and Regulation

Utah Admin. Code R710-14-1 Purpose

The purpose of this rule is to establish criteria for the fire safety inspection of a food truck.

History

KEY: fire prevention, food trucks
Date of Last Change: December 28, 2017
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204; 11-56-104(4)(a)

Utah Admin. Code R710-14-2 Authority

This rule is authorized by Subsections 53-7-204(1)(b)(x) and 11-56-104(4)(a).

History

KEY: fire prevention, food trucks
Date of Last Change: December 28, 2017
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204; 11-56-104(4)(a)

Utah Admin. Code R710-14-3 Definitions

(1) "Authority Having Jurisdiction (AHJ)" means the State Fire Marshal, his duly authorized deputies, or the local fire enforcement authority;

(2) "board" means Utah Fire Prevention Board;

(3) "certified inspector" means a person who meets the qualifications listed in this Rule to conduct food truck fire safety inspections;

(4) "inspection" means a fire safety inspection of a food truck; "food truck" means the definition found in Section 11- 56-102(3);

(5) "food truck operator" means the definition found in Section11-56-102(5);

(6) "LPG" means liquefied petroleum gas; and

(7) "SFM" means State Fire Marshal or authorized deputy.

History

KEY: fire prevention, food trucks
Date of Last Change: December 28, 2017
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204; 11-56-104(4)(a)

Utah Admin. Code R710-14-4 Certified Inspector Qualifications

(1) Only a certified inspector may conduct an inspection.

(2) A certified inspector shall be affiliated with a AHJ as an employee.

(3) A certified inspector shall hold a current Utah State Inspector 1 certificate and complete the food truck fire safety inspection training approved by the SFM.

History

KEY: fire prevention, food trucks
Date of Last Change: December 28, 2017
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204; 11-56-104(4)(a)

Utah Admin. Code R710-14-5 Inspection Procedures and Criteria

(1) The AHJ shall use the inspection check list approved by the Board.

(2) A food truck shall comply with the following standards to pass inspection:

(a) no patrons are allowed inside the food truck;

(b) patron seating may not be located within any food truck or mobile or temporary cooking vehicle;

(d) generators may be used according to their listing and are not required to be mounted on the food truck; and

(e) a listed LPG liquid petroleum gas detector shall be installed in the truck at floor level near the cooking equipment.

(3) The AHJ may re-inspect a food truck, after it has passed an inspection, for the following items:

(a) damage to truck or equipment;

(b) removal or replacement of appliances or other equipment;

(d) remodel of the food truck;

(e) issues not included in the original inspection such as:

(i) free standing LPG tanks;

(ii) generator location;

(iii) cooking outside;

(iv) exterior seating; or

(v) truck placement;

(f) parking and location;

(g) cleanliness issues that create a potential fire hazard such as an accumulation of grease;

(h) imminent hazards to life or property; or

(i) current tag on fire extinguishing system.

(4) If a food truck passes an inspection, the AHJ will provide the food truck operator with a fire safety inspection sticker.

History

KEY: fire prevention, food trucks
Date of Last Change: December 28, 2017
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204; 11-56-104(4)(a)

Utah Admin. Code R710-14-6 Inspection Stickers

(1) The SFM will provide inspection stickers to an AHJ. No other stickers may be used to indicate approval.

(2) The food truck operator shall place the inspection sticker inside the rear most door of the food truck.

(3) The inspection sticker is valid for one year from the date of the inspection.

History

KEY: fire prevention, food trucks
Date of Last Change: December 28, 2017
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204; 11-56-104(4)(a)

Utah Admin. Code R710-14-7 Conflicts

History

KEY: fire prevention, food trucks
Date of Last Change: December 28, 2017
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-7-204; 11-56-104(4)(a)

R710-15 Seizure and Disposal of Division 1.1G, 1.2G, 1.3G, and 1.4G Explosives

Utah Admin. Code R710-15-1 Purpose

The purpose of this rule is to establish a statewide policy for the safe seizure, storage, and repurposing, destruction, or disposal of a division 1.1G explosive, division 1.2G explosive, division 1.3G explosive, or division 1.4G explosive that is illegal or used or handled in an illegal manner.

History

KEY: seizure of fireworks, storage of fireworks, disposal of fireworks, repurposing of fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: December 18, 2023
Authorizing, and Implemented or Interpreted Law: 53-7-204(1)(b)(v)

Utah Admin. Code R710-15-2 Authority

This rule is authorized by Subsection 53-7-204(1)(b)(v).

History

KEY: seizure of fireworks, storage of fireworks, disposal of fireworks, repurposing of fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: December 18, 2023
Authorizing, and Implemented or Interpreted Law: 53-7-204(1)(b)(v)

Utah Admin. Code R710-15-3 Definitions

(1) Terms used in this rule are defined in Sections 53-7-202 and 19-6-102.

(2) In addition:

(a) "ATF" means the Bureau of Alcohol, Tobacco, Firearms and Explosives; and

(b) "FBI" means the Federal Bureau of Investigations.

History

KEY: seizure of fireworks, storage of fireworks, disposal of fireworks, repurposing of fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: December 18, 2023
Authorizing, and Implemented or Interpreted Law: 53-7-204(1)(b)(v)

Utah Admin. Code R710-15-4 Seizure and Storage

(1) Seized division 1.1G explosives, division 1.2G explosives, division 1.3G explosives, or division 1.4G explosives:

(a) shall be secured against tampering or theft; and

(b) shall be stored according to Federal law.

History

KEY: seizure of fireworks, storage of fireworks, disposal of fireworks, repurposing of fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: December 18, 2023
Authorizing, and Implemented or Interpreted Law: 53-7-204(1)(b)(v)

Utah Admin. Code R710-15-5 Repurposing, Destruction, or Disposal

(1) A state, county, special district, or local government agency is prohibited from disposing of any seized a division 1.1G explosive, division 1.2G explosive, division 1.3G explosive, or division 1.4G explosive by burning except under circumstances described in this rule.

(2) A state, county, special district, or local government agency may dispose of a seized division 1.1G explosive, division 1.2G explosive, division 1.3G explosive, or division 1.4G explosive by:

(a) returning them to a state licensed wholesaler or manufacturer for repurposing, testing, or display;

(b) detonating them on scene as directed by the incident commander or the regional bomb team commander following FBI or ATF standards;

(c) detonating them in another safe location as directed by the incident commander or the regional bomb team commander following FBI or ATF standards;

(d) using them for training or testing purposes;

(e) burning them in an enclosed incinerator designed for that purpose;

(f) open burning in compliance with Subsection R307-202-7; or

(g) other methods as approved by the FBI or the ATF.

(3) A state, county, special district, or local government agency may not use a seized division 1.1G explosive, division 1.2G explosive, division 1.3G explosive, or division 1.4G explosive for display, entertainment, or celebration purposes.

History

KEY: seizure of fireworks, storage of fireworks, disposal of fireworks, repurposing of fireworks
Date of Last Change: November 9, 2025
Notice of Continuation: December 18, 2023
Authorizing, and Implemented or Interpreted Law: 53-7-204(1)(b)(v)

R710-16 Rules Pursuant to Fire Service Certification and Non-affiliated Training Organizations

Utah Admin. Code R710-16-1 Purpose

The purpose of this rule is to establish criteria for the certification of firefighters, pump operators, instructors, fire officers, fire investigators, and rescue personnel. This rule establishes the Fire Service Certification Council as a subset of the Utah Fire Prevention Board and establishes standards for those agencies conducting non-affiliated academy fire service training.

History

KEY: fire training
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-16-2 Authority

This rule is authorized by Section 53-7-204.

History

KEY: fire training
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-16-3 Definitions

(1) "Academy" means the Utah Fire and Rescue Academy of the Utah Valley University.

(2) "Academy Director" means the director of the Utah Fire and Rescue Academy.

(3) "Board" means Utah Fire Prevention Board.

(4) "Certification Council" means the Fire Service Certification Council.

(5) "Certification System" means the Utah Fire Service Certification System.

(6) "EMT" means emergency medical technician.

(7) "Non-Affiliated" means an individual who is not a member of an organized fire department.

(8) "RCA" means Recruit Candidate Academy

(9) "SFM" means State Fire Marshal or authorized deputy.

History

KEY: fire training
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-16-4 Criteria for the Certification of Firefighters, Pump Operators, Instructors, Fire Officers, Fire Investigators, and Rescue Personnel

(1) The criteria for the certification of firefighters, pump operators, instructors, fire officers, fire investigators, and rescue personnel shall be the criteria established by the following standards published by the National Fire Protection Association which can be found online at the National Fire Protection Association website:

(a) Hazardous Materials Awareness, NFPA 1072, 2017 Edition;

(b) Hazardous Materials Operations, NFPA 1072, 2017 Edition;

(d) Firefighter I, II, NFPA 1001, 2019 Edition;

(e) Fire Apparatus Driver/Operator Professional Qualifications - Pumper, Aerial, NFPA 1002, 2017 Edition;

(f) Airport Firefighter Professional Qualifications, NFPA 1003, 2019 Edition;

(g) Technical Rescue - Chapter 5, NFPA 1006, 2013 Edition;

(h) Technical Rescue - Rope Level I, II, NFPA 1006, 2013 Edition;

(i) Technical Rescue - Confined Space Level I, II, NFPA 1006, 2013 Edition;

(j) Technical Rescue - Trench Level I, II, NFPA 1006, 2013 Edition;

(k) Technical Rescue - Structural Collapse Level I, II, NFPA 1006, 2013 Edition;

(l) Technical Rescue - Vehicle Level I, II, NFPA 1006, 2013 Edition;

(m) Technical Rescue - Machinery Level I, II, NFPA 1006, 2013 Edition;

(n) Technical Rescue - Surface Water Level I, II, NFPA 1006, 2013 Edition;

(o) Technical Rescue - Swiftwater Level I, II, NFPA 1006, 2013 Edition;

(p) Technical Rescue - Ice Level I, II, NFPA 1006, 2013 Edition;

(q) Fire Officer I, II, III, IV, NFPA 1021, 2020 Edition;

(r) Fire Inspector I, II, III, NFPA 1031, 2014 Edition;

(s) Fire Investigator, NFPA 1033, 2014 Edition;

(t) Fire and Life Safety Educator I, II, NFPA 1035, 2015 Edition;

(u) Fire Instructor I, II, NFPA 1041, 2019 Edition; and

(v) Wildland Firefighter I, II, NFPA 1051, 2020 Edition.

(2) The approval of the criteria for certification of firefighters, pump operators, instructors, fire officers, fire investigators, and rescue personnel shall be made by the Utah Fire Service Certification Council and the Utah Fire Prevention Board.

(3) The available certifications shall be identified on the Utah Fire Service Certification Levels form, and be approved by the Utah Fire Service Certification Council.

History

KEY: fire training
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-16-5 Utah Fire Service Certification Council

(1) There is created by the board, the Utah Fire Service Certification Council, whose duties are to oversee fire service certification within the state, and the accreditation and reaccreditation of non-affiliated fire service training organizations.

(2) The Certification Council shall be comprised of:

(a) 12 members that shall each serve a three-year term who are:

(i) appointed by the academy director;

(ii) approved by the board;

(iii) users of the certification system;

(iv) from various geographical locations within the state; and

(v) experienced in firefighting and emergency operations; and

(b) the SFM or designee.

(3) The Certification Council shall be made up of users of the certification system, and be comprised of both paid and volunteer fire personnel, and members from various geographical locations in the state.

(4) The purpose of the Certification Council is to provide direction on each aspect of certification, and to report the activities of the Certification Council to the board.

(5) Functioning of the Certification Council with regard to certification, re-certification, testing, meeting procedures, examinations, suspension, denial, annulment, revocation, appeals, and reciprocity, shall be conducted as specified in the Utah Fire Service Voluntary Certification Program Policy and Procedures Manual.

(6) A copy of the Utah Fire Service Voluntary Certification Program Policy and Procedures Manual shall be kept on file at the State Fire Marshal's Office and the Utah Fire and Rescue Academy.

History

KEY: fire training
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-16-6 Non-Affiliated Fire Service Training

(1) Those training organizations that desire to offer certification through the Certification System for non-affiliated personnel must receive accreditation in writing from the Certification Council and the academy director.

(2) Before accreditation is granted, the training organization requesting approval shall demonstrate the following:

(a) complete a written application requesting approval to conduct the training course;

(b) designate an approved course coordinator to oversee the course delivery and ensure the course meets each of the applicable objectives;

(d) ensure sufficient student to instructor ratios for each subject or skill to be taught to include those designated high hazard;

(e) demonstrate that sufficient equipment and facilities will be provided to meet the training requirements of the course being taught;

(f) maintain course documentation as required through the Certification System to ensure that each element of the necessary training is completed; and

(g) follow the accepted requirements of the Certification System for requesting testing and certification.

(3) The designated course coordinator shall meet the following requirements:

(a) be currently certified at the certification level as established by the Standards Council;

(b) ensure that the course syllabus and practical skills guide meet the requirements of the Certification System; and

(4) The qualified instructors shall meet the following requirements:

(a) must be currently certified at the certification level as established by the Standards Council; and

(b) if the instructor is not certified, instructor qualification can be satisfied by special knowledge, experience or establishment of expertise.

(5) An Introduction to Emergency Services class shall be completed by the non-affiliated student wishing to receive an RCA. The Introduction to Emergency Services class may be waived if the applicant can demonstrate to the academy sufficient competency or prior experience in the fire service to make the class unwarranted.

(6) Non-affiliated training providers shall follow the curriculum outline that is taught at the academy in the RCA program to award students an RCA Certificate of Completion. Any changes to the curriculum of the RCA program at the academy shall be provided by the academy to the non-affiliated training providers to maintain consistency in the RCA program.

(7) An RCA Certificate of Completion may be issued to the non-affiliated student by the academy upon successful completion of the following:

(a) introduction to Emergency Services class or accepted waiver;

(b) EMT Basic Course; and

(8) Non-affiliated training providers that have received accreditation shall be reaccredited every five years from the date of initial accreditation.

History

KEY: fire training
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-16-7 Repeal of Conflicting Board Actions

Each former board action, or part thereof, conflicting or inconsistent with this board action or with the codes adopted, is repealed.

History

KEY: fire training
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-16-8 Validity

History

KEY: fire training
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-7-204

Utah Admin. Code R710-16-9 Adjudicative Proceedings

(1) Adjudicative proceedings performed by the agency shall proceed informally as set forth in R710-16-9, and as authorized by Sections 63G-4-202 and 63G-4-203.

(2) A person may request a hearing on a decision made by the Certification Council by filing an appeal to the SFM, to be heard by the board, within 20 days after receiving final decision.

(3) The board shall act as the hearing authority, and shall convene as an appeals board after timely notice to each party involved.

(4) The board shall direct the SFM to issue a signed order to each party involved giving the decision of the board within a reasonable time of the hearing pursuant to Section 63G-4-203.

(5) Reconsideration of the board's decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

(6) Judicial review of each final board action resulting from an informal adjudicative proceeding is available pursuant to Section 63G-4-402.

History

KEY: fire training
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-7-204

R714 Highway Patrol

R714-110 Permit to Operate a Motor Vehicle in Violation of Equipment Laws

Utah Admin. Code R714-110-1 Authority

A. This rule is authorized by Subsection 53-8-204(5).

History

KEY: traffic regulations
Date of Last Change: February 15, 1997
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6-117.5

Utah Admin. Code R714-110-2 Purpose of Rule

A. The Utah Highway Patrol, hereafter division, may issue a permit which will allow operation of a motor vehicle in violation of the provisions of Title 41, Chapter 6a, as authorized by Section 41-6a-1602.

B. The purpose of this rule is to set forth the procedures whereby:

(1) A person may apply for a permit.

(2) The division may act on a permit application.

(3) A person may appeal a permit denial.

History

KEY: traffic regulations
Date of Last Change: February 15, 1997
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6-117.5

Utah Admin. Code R714-110-3 Designation

A. All adjudicative proceedings performed by the division will proceed informally as set forth herein and as authorized by Sections 63G-4-202 and 63G-4-203.

History

KEY: traffic regulations
Date of Last Change: February 15, 1997
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6-117.5

Utah Admin. Code R714-110-4 Application

A. A person may apply for a permit on a form provided by the division.

History

KEY: traffic regulations
Date of Last Change: February 15, 1997
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6-117.5

Utah Admin. Code R714-110-5 Processing of Application

A. The division may issue a permit if the motor vehicle is safe to operate and if any of the following conditions are met:

(1) The applicant shows proof satisfactory to the division of a medical disability which requires the removal, addition, or modification of a motor vehicle part.

(2) The applicant is temporarily unable to obtain a motor vehicle part for reasons beyond the applicant's control.

(3) The applicant is the head of a law enforcement agency and removal, addition, or modification of a motor vehicle part is necessary for a legitimate law enforcement purpose.

B. The permit issued will be on a form provided by the division.

C. The permit may specify conditions under which the permit is granted including times and places the motor vehicle may be driven, duration of the permit, and any other conditions which the division considers appropriate to protect the safety of highway users or efficient movement of traffic.

History

KEY: traffic regulations
Date of Last Change: February 15, 1997
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6-117.5

Utah Admin. Code R714-110-6 Appeal

A. An applicant who is denied a permit will be given the reasons for denial in writing by the division.

B. An applicant who is denied a permit or who is granted a permit containing conditions with which the applicant disagrees, may appeal to the division on a form provided by the division. The appeal must be filed within ten days after receiving notice from the division.

C. No hearing will be granted to the applicant. The division will review the appeal and issue a written decision to the applicant within ten days either affirming or modifying the initial decision concerning the permit.

History

KEY: traffic regulations
Date of Last Change: February 15, 1997
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6-117.5

R714-158 Vehicle Safety Inspection Program Requirements

Utah Admin. Code R714-158-1 Authority

This rule is authorized by Subsection 53-8-204(5).

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-2 Purpose

The purpose of this rule is to set standards governing the administration and enforcement of the safety inspection program in accordance with Title 53, Chapter 8, Part 2, Motor Vehicle Safety Inspection Act.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-3 Definitions

(1) Terms used in this rule are defined in Sections 53-8-102, 53-8-202, and the Federal Motor Carrier Safety Regulations contained in Subchapter B, Chapter III, Subtitle B of the Code of Federal Regulations Title 49 - Transportation.

(2) In addition:

(a) "agency action" means a written warning, suspension, revocation, or denial applied against a certification, license, or application;

(b) "applicant" means a person who has applied to the division for a permit or certificate;

(d) "conviction" means an adjudication of guilt regarding criminal conduct, including:

(i) a finding of guilt by a court or a jury;

(ii) a guilty plea;

(iii) a plea of nolo contendere; or

(iv) a plea which is held in abeyance pending the successful completion of a probationary period;

(e) "division" means the Vehicle Safety Inspection section of the Utah Highway Patrol;

(f) "fleet station" means a station that only conducts safety inspections on vehicles that are owned or leased by the same company that owns the station;

(g) "inspection certificate" means the certificate of inspection given when a vehicle passes or fails the requirements of the inspection program;

(h) "licensee" means a person who has been granted a permit or certificate by the division;

(i) "OEM" means original equipment manufacturer;

(j) "online inspection program" means the web-based inspection program used to record safety inspections;

(k) "permit" means the authorization for a person to operate a station;

(l) "revocation" means the permanent deprivation of a certificate or permit;

(m) "inspector" means a person with a valid certificate who is employed by a licensed station;

(n) "station" means a business or government facility located in Utah that is managed or operated by a valid permit holder and conducts safety inspections;

(o) "suspension" means the temporary deprivation of a certificate or permit;

(p) "sticker" means a safety inspection sticker distributed by the division to a station which affixes it to a vehicle with a gross vehicle weight rating of 26,001 pounds or more, or is equipped with an air braking system regardless of weight rating, when that vehicle meets the safety inspection requirements;

(q) "sticker report" means the document of inspection given when a vehicle with a gross vehicle weight rating of 26,001 pounds or more, or a vehicle equipped with an air braking system regardless of weight rating, fails or meets the safety inspection requirements; and

(r) "Utah Interactive" means the company that has contracted with the division for the setup and facilitation of the online inspection program.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-4 Safety Inspection Station Permits

(1) To be eligible for a new permit or to retain a current permit, an applicant shall:

(a) employ a station manager who possesses a valid certificate;

(b) obtain and maintain a $10,000 surety bond or garage keepers insurance for the station that the permit holder seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government or fleet station;

(c) obtain and maintain a valid business license for the station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station;

(d) obtain and maintain a valid business registration from the Utah Department of Commerce for the safety inspection station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station; and

(e) enroll the station in the online inspection program after receiving approval from the division.

(2)(a) An applicant seeking to manage or operate a safety inspection station shall submit a completed permit application packet to the division.

(b) The permit application packet shall include:

(i) a completed permit application form provided by the division;

(ii) a non-refundable permit application fee, unless the station the applicant seeks to manage or operate is a government station;

(iii) proof of a $10,000 surety bond or garage keepers insurance for the station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government or fleet station;

(iv) documentation of a valid business license for the station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station; and

(v) documentation of a valid business registration from the Utah Department of Commerce for the safety inspection station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station.

(3)(a) Upon receipt of a completed application packet, the division shall review the materials to determine if the applicant is eligible for a permit.

(b) The division may request additional information to determine if the applicant is eligible for a permit.

(4) After receipt of all of the necessary documentation, the division shall inspect the station that the permit holder intends to manage or operate to determine if the station meets the requirements of the safety inspection program.

(5)(a) If the division determines that the applicant has met all of the requirements for a permit, the division shall issue the permit to the applicant.

(b) The permit is non-transferable.

(6)(a) If the division determines that the applicant does not meet the requirements for a permit, the division shall issue a denial letter to the applicant.

(b) The denial letter shall state the reasons for denial and indicate that the applicant may have the matter reviewed as provided in Section R714-158-11.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-5 Building and Equipment Requirements

(1) To be eligible for a permit or to maintain a permit, the inspection station building and site must meet the following conditions:

(a) the building is capable of housing the vehicles to be inspected;

(b) the building has a level concrete or asphalt floor; and

(c) the site has a business sign of a permanent construction, properly displaying the business name that is listed on the business station application, unless the station the applicant seeks to manage or operate is a government or fleet station.

(2) An inspection station shall have the following tools and equipment:

(a) a current hard copy of the safety inspection manual, or an electronic copy that has been downloaded as a file on a station computer;

(i) accessing the manual online does not meet this requirement;

(b) the necessary hand tools to conduct an inspection;

(i) stations in operation before January 1, 2009 are exempt from this requirement, but the station shall possess a hoist or heavy-duty jack with jack stands;

(d) measuring gauges and instruments for determining minimum specifications in the inspection process;

(e) a two-piece approved light meter kit capable of measuring window light transmittance at a minimum of +/- 3%;

(f) a dial indicator for measuring ball joint and suspension component tolerances;

(g) a tire tread depth gauge;

(i) a riveted brake lining gauge may be used for tire tread depth gauge;

(h) a tire pressure gauge;

(i) a tape measure; and

(j) the following brake gauges:

(i) bonded;

(ii) riveted;

(iii) disc pad;

(iv) rotor; and

(v) drum.

(3) An inspection station that performs inspections on heavy motor vehicles, trailers, or buses shall have the following tools and equipment:

(a) a hoist;

(b) a two-piece light meter approved by division;

(d) a dial indicator for measuring ball joint and suspension component tolerances;

(e) a tire tread depth gauge;

(f) a current hard copy of the safety inspection manual, or an electronic copy that has been downloaded as a file on a station computer;

(i) accessing the manual online does not meet this requirement;

(g) a tire pressure gauge;

(h) a king pin gauge;

(i) a fifth wheel jaw tester;

(j) a measuring tape;

(k) a current copy of the School Bus Standards and Inspection Manual, if the station inspects school buses; and

(l) the following brake gauges:

(i) bonded;

(ii) riveted;

(iii) disc pad;

(iv) rotor; and

(v) large drum.

(4) The division may grant an exception to the minimum requirements of this section upon written request from the applicant or licensee that shows extenuating circumstances justifying the exemption.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-6 Safety Inspector Certificates

(1) To be eligible for a certificate, an applicant shall:

(a) be 18 years of age or older; and

(b) attend and successfully complete the safety inspector training course.

(2)(a) An applicant seeking to perform safety inspections shall submit a completed certificate application packet to the division.

(b) The application packet shall include:

(i) a completed certificate application form provided by the division;

(ii) a non-refundable certificate application fee;

(iii) a passport, copy of a valid driver license, or identification card issued by a state government within the United States or one of its territories to verify the applicant's identity; and

(iv) documentation that the applicant attended and successfully completed the safety inspector training course.

(3)(a) Upon receipt of a completed application packet, the division shall review the materials to determine if the applicant is eligible for a certificate.

(b) The division may request additional information to determine if the applicant is eligible for a certificate.

(4)(a) If the division determines that the applicant has met all of the requirements for a certificate, the division shall issue the certificate to the applicant.

(b) The certificate is non-transferable and shall expire five years from the date of issuance.

(5)(a) If the division determines that the applicant does not meet the requirements for a certificate, the division shall issue a letter of denial to the applicant.

(b) The denial letter shall state the reasons for denial and indicate that the applicant may have the matter reviewed as provided in Section R714-158-11.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-7 Renewal of Certificates

(1) To be eligible to renew a certificate, a licensee shall retake and successfully complete the safety inspector training course within six months before the expiration date of the certificate, either in person or online.

(2)(a) A licensee seeking to renew a certificate must submit a completed certificate renewal packet to the division.

(b) The certificate renewal packet shall include:

(i) a written renewal form provided by the division;

(ii) a non-refundable certificate renewal fee; and

(iii) documentation the inspector has re-taken and successfully completed the safety inspector training course, either in person or online, within six months before the expiration date of inspector's certificate.

(3)(a) Upon receipt of a completed renewal packet, the division shall review the materials to determine if the licensee is eligible to renew the permit or certificate.

(b) The division may request additional information to determine if the licensee is eligible to renew the certificate.

(4) If the division determines the licensee has met all of the requirements for renewal, it shall renew the certificate for the licensee.

(5)(a) If the division determines the licensee does not meet the renewal requirements, it shall deny the renewal application for the certificate and notify the licensee in writing.

(b) The denial notification shall state the reasons for denial and state the licensee may have the decision reviewed by filing a written request for hearing within 30 calendar days as provided in Section R714-158-11.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-8 Safety Inspector Training Program

(1)(a) The safety inspector training course shall consist of a 16-hour training program provided by an educational institution approved by the division.

(b) The educational institution shall:

(i) possess all of the necessary tools to conduct a safety inspection in accordance with Administrative Rules R714-160, R714-161, R714-162, and R714-163;

(ii) teach the safety inspection curriculum approved by the division; and

(iii) administer the quizzes and final test generated by the division.

(2) The safety inspector training course shall be taught by instructors that are employees of an educational institution approved by the division.

(3) Students shall attend all 16 hours of the safety inspector training course and pass the final test with a score of at least 80% to successfully complete the course.

(4)(a) Any student who falsifies information or cheats on a quiz or test during the safety inspection training course shall be removed from the course and not allowed to complete it.

(b) A student removed from a safety inspection training course may not retake the class for a period of one year.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-9 General Safety Inspection Program Requirements

(1) A permit holder shall be responsible for the management and operation of a station and shall:

(a) acquire and maintain the required equipment at the station;

(b) ensure all inspections are performed at the station and are conducted in accordance with Section R714-158-8, and Rules R714-160, R714-161, R714-162, R714-163;

(c) ensure all inspection certificates are issued through the online inspection program, unless the program is unavailable for more than 3 days, in which case the station shall contact the division;

(d) retain a copy of all station records for a period of one year, including plate brake test records;

(e) make the station and its records available for inspection by the division;

(f) ensure the station has an adequate supply of paper inspection certificates and stickers;

(g) ensure the paper inspection certificates and stickers are safeguarded against loss or theft;

(h) immediately report missing or stolen paper inspection certificates or stickers to the division;

(i) display the permit at the station in a prominent location that is easily visible to the public;

(j) report any changes in the station's name or address to the division;

(k) report any changes in the permit holder's mailing address to the division;

(l) notify the division if there is a change in inspectors who are employed at the station;

(m) ensure that the station uses and displays only the name of the station provided to the division; and

(n) ensure that the station's Utah Interactive account is not delinquent.

(2) An inspector shall:

(a) work under the direction of a permit holder and may also be a permit holder for the same station;

(b) only conduct inspections onsite at the station designated on the employer's permit;

(c) conduct all inspections fully as described in Administrative Rules R714-160, R714-161 R714-162, and R714-163 before an inspection certificate or sticker may be issued or a customer is informed about any reject items;

(d) conduct all safety inspections honestly and thoroughly;

(e) not coerce customers or sell unneeded parts or repairs;

(f) advise customers the vehicle need not be repaired or adjusted at the station that conducted the safety inspection, but needed repairs may be made at any business selected by the customer;

(g) obtain the customer's authorization before performing any repair or adjustments;

(h) return any part that is replaced to the customer, upon request;

(i) show a part that is to be replaced or repaired to the customer if it cannot be returned, upon request;

(j) issue all inspection certificates using the online inspection program if the station is enrolled in the program, unless the program is temporarily unavailable;

(k) enter the information from a paper inspection certificate to the online inspection program within 72 hours after the program becomes available again;

(l) only use his or her assigned username and password issued by the division when using the online inspection program to complete a safety inspection;

(m) complete all paper safety inspection records legibly;

(n) fully complete everything on the inspection certificates, stickers, and sticker reports on the same date the vehicle inspection is conducted;

(o) conduct inspections, issue certificates, and attach stickers to vehicles only at the station where the inspector is employed, unless the inspection is performed on a government-owned emergency fire response vehicle or ambulance;

(p) not sell or transfer inspection certificates, stickers, or sticker reports to another station;

(q) complete inspection paperwork or enter the information in the online inspection program when a vehicle is inspected;

(r) avoid conducting safety inspections on his or her personally owned or operated vehicles;

(s) report any change to his or her mailing address to the division; and

(t) notify the division if he or she changes employers.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-10 Inspection Certificates, Stickers, and Sticker Reports

(1) Inspection certificates will be issued in books of 50 for passenger/light truck, books of 25 for ATVs, and books of 25 for stickers and sticker reports.

(2) A station may purchase two books of inspection certificates for passenger/light truck, four books of inspection certificates for ATV, and four books of sticker reports to use when the online inspection program is temporarily unavailable.

(3) A station may not purchase another book of inspection certificates or sticker reports until the station returns one of the used books that it previously purchased to the division.

(4) Unused books of inspection certificates, sticker reports, or stickers may be returned to the division for reimbursement.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-11 Grounds for the Denial, Suspension, or Revocation of Station Permit or Inspector Certificate

(1) An applicant or licensee may be denied, suspended, or revoked for any of the following reasons:

(a) a violation of any Utah state or federal safety inspection law, rule or regulation;

(b) providing any false or misleading information during:

(i) the application or renewal process for a permit or certificate;

(ii) a division investigation or station visit; or

(iii) an administrative hearing; or

(2) In determining whether denial, suspension, or revocation of a permit or certificate is appropriate, the division shall consider the applicant or licensee's previous history with the safety inspection program.

(3)(a) If an inspector is suspended, the inspector may not conduct safety inspections or represent him or herself to be an inspector.

(b) If a permit holder is suspended, no one at the permit holder's station may conduct safety inspections or represent the station as a safety inspection station.

(c) An applicant or licensee who is denied a certificate or permit may not be eligible to reapply for a period of 90 days from the date of denial.

(d) A licensee whose certificate or permit is revoked shall not be eligible to reapply for another certificate or permit for a period of one year from the date of revocation.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-12 Adjudicative Proceedings

(1) All adjudicative proceedings set forth in this section shall be conducted informally as provided in Section 63G-4- 202.

(2) The division shall initiate agency action against an applicant or licensee with a notice of agency action in accordance with Section 63G-4-201.

(3)(a) An applicant or licensee who receives a notice of agency action indicating that the division intends to deny, suspend, or revoke a permit or a certificate may request a hearing by filing a written request for hearing with the division within 15 calendar days from the date of the notice of agency action.

(b) A hearing shall be held before a hearing officer designated by the division, within 30 calendar days of the day that the division receives the timely written request for hearing, unless the parties agree to a later date.

(c) If a timely request for hearing is filed, the agency action shall be stayed until the division's hearing officer issues a written decision.

(d) At the hearing, the applicant or licensee shall have an opportunity to explain why the division should not take agency action.

(e) The hearing officer shall issue a written decision in accordance with Section 63G-4-203 within ten business days of the hearing.

(4)(a) An applicant or licensee may appeal the hearing officer's decision to the commissioner or the commissioner's designee by filing an appeal with the division within 30 calendar days of the issuance of the hearing officer's decision.

(b) If a timely appeal to the commissioner or the commissioner's designee is filed, the agency action shall be stayed until the commissioner or the commissioner's designee issues a written decision.

(c) A hearing shall be held before the commissioner or the commissioner's designee within 30 calendar days of the day that the division receives the written appeal, unless the parties agree to a later date.

(d) At the hearing, the applicant or licensee shall have an opportunity to explain why the division's action should be overturned.

(e) The commissioner or the commissioner's designee shall issue a written decision in accordance with Section 63G-4- 301 within ten business days of the hearing.

(f) The written decision of the commissioner or the commissioner's designee shall constitute final agency action and is subject to judicial review pursuant to Section 63G-4-402.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

Utah Admin. Code R714-158-13 Procedures for Safety Inspection Station Closure

(1) When a safety inspection station is going out of business, the manager or owner of the station shall:

(a) notify the division of the effective date of the closure at least one week before the date of closure;

(b) discontinue conducting safety inspections on the date of closure; and

(i) the station permit;

(ii) all inspection certificates;

(iii) all stickers; and

(iv) all sticker reports.

(2) The division shall cancel online access to the Vehicle Safety Inspection System on the effective date of the station closure.

History

KEY: motor vehicle safety, inspections
Date of Last Change: May 23, 2023
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204

R714-159 Vehicle Safety Inspection Apprenticeship Program Guidelines

Utah Admin. Code R714-159-1 Purpose

The purpose of this rule is to establish program guidelines for a school district that elects to implement a vehicle safety inspection apprenticeship program for high school students in accordance with Title 53, Chapter 8, Part 2.

History

KEY: motor vehicles, safety inspections, apprentices
Date of Last Change: June 26, 2003
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204(5)(e)

Utah Admin. Code R714-159-2 Authority

This rule is authorized by Subsection 53-8-204(5)(e).

History

KEY: motor vehicles, safety inspections, apprentices
Date of Last Change: June 26, 2003
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204(5)(e)

Utah Admin. Code R714-159-3 Definitions

As used in this rule:

(1) "Apprentice" means a person meeting the qualifications described in Section II, of the Standards of Apprenticeship for Automotive Technician with the U.S. Department of Labor, who has entered into a written apprenticeship agreement providing for learning and acquiring the skills of a recognized occupation under the provisions of these standards.

(2) "Apprenticeship agreement" means the Standards of Apprenticeship for Automotive Technician as developed by the Bureau of Apprenticeship and Training, U.S. Department of Labor signed by both the apprentice and sponsor.

(3) "Certified apprentice" means a person authorized by the department to conduct safety inspections.

(4) "Closely supervise" means a sponsor will be physically present at all times on premises where safety inspections are conducted and responsible for apprentice's actions.

(5) "Inspector" means a person employed by a station licensed to conduct safety inspections.

(6) "License" means the authority given to a station by the department to conduct safety inspection.

(7) "Registration agency" means the Bureau of Apprenticeship and Training, U.S. Department of Labor.

(8) "Sponsor" means a licensed inspector who supervises and oversees a certified apprentice and has signed the apprenticeship agreement.

(9) "Station" means a business, including public garages, service stations, and repair shops licensed by the department to conduct safety inspections.

History

KEY: motor vehicles, safety inspections, apprentices
Date of Last Change: June 26, 2003
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204(5)(e)

Utah Admin. Code R714-159-4 Apprentice Requirements

An applicant for certified apprentice shall:

(1) be registered as an Automotive Technician Apprentice with the Bureau of Apprenticeship and Training, U.S. Department of Labor;

(2) be a senior in high school;

(3) be at least 16 years of age;

(4) obtain training in accordance with the requirements of Section 6 of this rule;

(5) pay a $10 non-refundable processing fee;

(6) have a valid drivers license; and

(7) only work in one sponsored station during their apprenticeship.

History

KEY: motor vehicles, safety inspections, apprentices
Date of Last Change: June 26, 2003
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204(5)(e)

Utah Admin. Code R714-159-5 Sponsor Requirements

A sponsor shall:

(1) maintain records as required by the registration agency for five years;

(2) closely supervise certified apprentices;

(3) upon request, make available for inspection by the department all apprentice records.

History

KEY: motor vehicles, safety inspections, apprentices
Date of Last Change: June 26, 2003
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204(5)(e)

Utah Admin. Code R714-159-6 Apprentice training

An apprentice shall obtain training through a department contracted Applied Technology Center, or through a high school that has elected to contract with the department for apprenticeship training and testing.

History

KEY: motor vehicles, safety inspections, apprentices
Date of Last Change: June 26, 2003
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204(5)(e)

Utah Admin. Code R714-159-7 Probationary Period

(1) A certified apprentice will operate in a probationary period until they turn 18 years old. During this probationary period, the department, the sponsor, or apprentice may terminate the apprenticeship agreement without cause.

(2) Upon turning 18 years old, a certified apprentice may apply for an inspector certification under R714-158-5.

History

KEY: motor vehicles, safety inspections, apprentices
Date of Last Change: June 26, 2003
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-8-204(5)(e)

R714-160 Equipment Standards for Passenger Vehicle and Light Truck Safety Inspections

Utah Admin. Code R714-160-1 Authority

This rule is authorized by Subsections 53-8-204(5) and 41-6a-1601(2).

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-2 Purpose

The purpose of this rule is to set minimum equipment standards governing passenger vehicle and light truck inspections in accordance with Sections 53-8-204 and 41-6a-1601.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-3 Definitions

(1) Terms used in this rule are found in Sections 41-1a-102, 41a-6a-102, and 49 C.F.R. 571, et seq.

(2) In addition:

(a) "acute area" means:

(i) the area of a passenger vehicle windshield inside a 6 inch border measured from the edge of the glass where it meets the molding around the entire outside of the windshield; or

(ii) the area of a windshield of a commercial motor vehicle as defined in the Federal Motor Carrier Safety Regulations, extending upward from the height of the top of the steering wheel, excluding a 2 inch border at the top of the windshield, and a 1 inch border at each side of the windshield or windshield panel;

(b) "CNG" means compressed natural gas;

(d) "division" means the Vehicle Safety Inspection section of the Utah Highway Patrol;

(e) "GVWR" means gross vehicle weight rating;

(f) "inspector" means a person with a valid certificate who is employed by a licensed station;

(g) "lifted vehicle" means a vehicle that has been raised from the original manufacturer's frame height;

(h) "lowered vehicle" means a vehicle that has been lowered from the original manufacturer's height;

(i) "online inspection certificate" means an inspection certificate created electronically through the Vehicle Safety Inspection System;

(j) "online inspection program" means the web-based inspection program used to record safety inspections;

(k) "OEM" means original equipment manufacturer;

(l) "paper inspection certificate" means an inspection certificate created by paper form;

(m) "passenger vehicle" means a vehicle with a gross vehicle weight rating less than 26,001 pounds that transports passengers, including the driver, or property, or any combination thereof;

(n) "salvage vehicle" means any vehicle as defined in Subsection 41-1a-1001(8);

(o) "station" means a business or government facility located in Utah that is managed or operated by a valid permit holder and conducts safety inspections; and

(p) "vintage vehicle" means a motor vehicle or trailer as defined in Section 41-21-1.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-4 Incorporation of Federal Motor Vehicle Safety Standards

This rule incorporates by reference the standards found in 49 C.F.R. Part 571 as the minimum standards a motor vehicle must meet to pass a safety inspection, unless state law provides a different standard.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-5 Applicability of Rule

This rule applies to all passenger vehicles and light trucks.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-6 Inspection Procedures

(1) The inspector shall complete the following tasks prior to inspecting the vehicle:

(a) collect the appropriate paperwork such as registration, title, and bill of sale;

(b) verify the Vehicle Identification Number (VIN);

(d) record vehicle mileage;

(e) enter the inspection date and inspector number if using a paper form of the inspection certificate; and

(f) determine whether the motor vehicle needs a test drive and the purpose of test;

(i) if a test drive is needed off the station's property, the customer shall be informed.

(2) The inspector shall examine the vehicle's interior by completing the following tasks:

(a) inspect the windshield, side, and rear windows;

(b) identify mirror requirements and inspect mirrors;

(d) inspect steering wheel/column, including horn and airbags;

(e) inspect brake pedal assembly and emergency brake system;

(f) inspect windshield wipers and washers;

(g) inspect heater and defrost;

(h) inspect dash, including warning indicator lights and speedometer;

(i) inspect doors and door parts; and

(j) check the neutral starting switch to determine whether the starter operates with the gear selector only in park or neutral on vehicles with automatic transmissions.

(3) The inspector shall examine the vehicle's exterior by completing the following tasks:

(a) inspect headlight high and low beams, including aiming;

(b) inspect parking lights, tail lights, signal lights, brake lights, m arker lights, and reflectors;

(d) inspect the wheels and lugs, looking for cracks and loose or missing lugs;

(e) inspect tires for wear, damage, and proper inflation;

(f) inspect body of vehicle, including fenders, doors, hood, glass, and bumpers;

(g) inspect for broken glass, parts, and accessories; and

(h) inspect window tint with a tint meter, measuring light transmittance on the front side windows and windshield;

(i) the inspector shall record the tint readings on the certificate using the online inspection program or on the Safety Inspection Certificate if not using the online program.

(4) The inspector shall examine items under the vehicle's hood by completing the following tasks:

(a) inspect belts and hoses;

(b) inspect power steering system;

(d) inspect exhaust system;

(e) inspect master cylinder and braking system; and

(f) inspect the fuel system.

(5) The inspector shall examine items under the vehicle by completing the following tasks:

(a) inspect steering system, including the wheel bearings, tie rods, rack, and pinion;

(b) inspect suspension components, including the springs and shocks;

(d) inspect body and floor pans; and

(e) inspect engine, transmission mounts, and drivetrain.

(6) The inspector shall examine the braking system by completing the following tasks:

(a) inspect brake pads/shoes;

(b) inspect brake rotors/drums;

(d) inspect brake hoses for fluid leaks;

(e) record brake measurements using the online inspection program or on the Safety Inspection certificate if not using the online inspection program;

(f) issue a rejection inspection certificate on vehicles that fail a plate brake test but have adequate pad and or shoe thickness;

(g) if issuing a rejection inspection certificate, record the brake pad measurement on the certificate; and

(h) if a visual inspection is performed, remove one front and one rear wheel to inspect brake components.

(7) When inspecting a lifted vehicle, the inspector shall:

(a) inspect fenders and verify that each one covers the full width of the tire;

(b) inspect mud flaps;

(d) inspect for body lift;

(e) inspect for stacked blocks;

(f) inspect for modification of brake hoses;

(g) inspect headlight aim and vertical height; and

(h) inspect altered or modified steering and suspension parts that have been shortened, lengthened, welded.

(8) When inspecting lowered vehicles, the inspector shall:

(a) inspect that fenders cover full width of tire;

(b) inspect for mud flaps, when required;

(d) inspect for removal of original suspension components;

(e) inspect headlight aim and vertical height; and

(f) inspect altered or modified steering and suspension parts that have been shortened, lengthened, or welded.

(9) The following procedures apply when a vehicle fails the safety inspection and the inspector is using a paper inspection certificate:

(a) the inspector shall complete a full vehicle inspection even after a reject item is found;

(b) if a vehicle fails an inspection and no repairs are immediately made at that station, then the inspector shall give the customer a rejection inspection certificate;

(d) a customer with a rejected vehicle has up to 15 calendar days to complete all repairs and return to the same station to verify repairs at no charge;

(i) customers may contact the division to request a waiver of additional fees if they exceed 15 days for circumstances beyond their control, such as backordered parts;

(e) the inspector shall return the State Tax and Owner copies to the division within 45 days of the inspection date for rejected vehicles that fail to return to the inspecting station;

(f) the inspector shall document any item rejected and repaired during an inspection as repaired on the inspection certificate;

(g) any inspector at a station may verify repairs of rejected items;

(h) if all rejected items have been repaired, the verifying inspector shall sign the safety inspection certificate; and

(i) if the verifying inspector is not the original inspector, the verifying inspector shall sign the safety inspection certificate, and enter his or her inspector license number on the Safety Inspection Certificate.

(10) The following procedures apply when a vehicle fails the safety inspection and the inspector is using an online inspection certificate:

(a) if all rejected items have been repaired, the verifying inspector shall sign the safety inspection certificate;

(b) if no repairs are made, the inspector shall print the rejection inspection certification and give it to the customer;

(d) a customer with a rejected vehicle has up to 15 calendar days to complete all repairs and return to any station that conducts online inspections to verify repairs at no charge;

(i) customers may contact the division to request a waiver of additional fees if they exceed 15 days for circumstances beyond their control, such as back ordered parts;

(e) the inspector shall document any item rejected and repaired during an inspection as repaired on the inspection certificate; and

(f) any inspector at any station that conducts online inspections may certify repairs made to rejected items. No additional charges may be added.

(11) The following procedures apply when a vehicle passes the safety inspection and the inspector is using a paper inspection certificate:

(a) the inspector performing the inspection shall sign the vehicle inspection certificate; and

(b) the customer shall be given the State Tax and Owner copies of the inspection certificate.

(12) The following procedures apply when a vehicle passes the safety inspection and the inspector is using an online inspection certificate:

(a) the inspector shall print the vehicle inspection certificate and give it to the customer; and

(b) the inspector performing the inspection shall sign the printed inspection certificate prior to giving it t o the customer.

(13) The following inspection report procedures apply when the inspector is using paper inspection certificates:

(a) the report forms shall include the following information:

(i) date the inspection was completed;

(ii) owner's name;

(iii) year and make of the vehicle;

(iv) vehicle identification number;

(v) appropriate notation in any of the repair columns;

(vi) total cost of the repair, including the inspection fee; and

(vii) inspection certificate or sticker number;

(b) inspection certificate or sticker numbers of paper books shall be listed in numerical order starting with the lowest number and listed in groups of 25;

(d) duplicate inspection certificates or stickers shall be noted as "duplicate" on the report form;

(e) lost or stolen inspection certificates or stickers shall be listed as "lost or stol en" on the report form;

(f) inspection certificates and stickers rendered unusable through mishap shall be recorded as "voided" on the report form and inspection certificates and stickers shall be returned to the Vehicle Safety Inspection office;

(g) rejected vehicles that have not returned within 15 days to the original station shall be listed in the same order, and the words "rejected" printed on the same line;

(h) failure to submit the required reports may result in suspension or revocation of a permit; and

(i) the inspector shall return the State Tax and Owner copies to the division within 45 days of the original inspection date for rejected vehicles that fail to return for re-inspection.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-7 Registration

(1) When reviewing vehicle registration papers, the inspector shall:

(a) check the vehicle registration certificate, identification number on the vehicle, license plates, and vehicle description for agreement;

(b) enter the manufacturer's vehicle identification number and license plate number into the online program or record on the safety inspection certificate if not using the online program;

(d) issue a rejection inspection certificate when:

(i) the registration certificate, vehicle identification number, license plate, and vehicle description are not in agreement; or

(ii) the vehicle identification number is missing or obscured.

(2) The inspector shall examine the vehicle's license plates and complete the following requirements:

(a) if the vehicle is registered, verify the license plates are securely mounted and clearly visible; and

(b) advise the customer when:

(i) a license plate is not securely fastened to the front and rear of the vehicle, in a horizontal position, not less than 12 inches from the ground when measured from the bottom of the license plate;

(ii) a license plate is not located in a clearly visible position; or

(iii) a license plate is covered with foreign material or otherwise not clearly legible.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-8 Tires and Wheels

(1) When examining the tire and wheels, the inspector shall:

(a) check tires for cuts, cracks, or sidewall plugs; and

(i) advise the customer when a tire has weather cracks, but no cords showing; or

(ii) issue a rejection inspection certificate when a tire has sidewall plugs, cuts, or cracks deep enough to expose cords;

(b) check tires for indication of tread separations; and

(i) issue a rejection inspection certificate when tire integrity has been compromised due to visible bumps, bulges, or tire separation;

(i) issue a rejection inspection certificate when:

(A) a tire is flat, has a noticeable air leak, or is inflated to less than half, or 50% of the vehicle manufacturer's recommended tire pressure; or

(B) a tire is over inflated;

(d) check tires for regrooving or recutting; and

(i) issue a rejection inspection certificate when a tire is regrooved and is not identifiable as regroovable;

(e) check tires for "restricted usage only" markings; and

(i) issue a rejection inspection certificate when a tire is marked "for farm use only", "off-highway use only", "for racing only", "for trailers only", or other non-highway use;

(f) check tires for the same size and same type of construction, but mismatched tread design is allowed; and

(i) issue a rejection inspection certificate when tires on the same axle are not the same size or construction;

(g) check tire wear; and

(i) advise the customer when tread wear bars are touching the road surface; or

(ii) issue a rejection inspection certificate when:

(A) the tread depth is less than 2/32 inch when measured in any two adjacent major tread grooves at three equally spaced intervals around the circumference of the tire. Tread depth measurement shall not use a tread wear bar; or

(B) secondary rubber is exposed in the tread or sidewall area;

(h) check wheels for damage and proper mounting; and

(i) issue a rejection inspection certificate when:

(A) wheel bolts, nuts, studs, or lugs are loose, missing, or not properly fastened;

(B) wheels are bent, cracked, re-welded, or have elongated bolt holes;

(D) bead lock wheels are installed that do not meet the SAE J2530 Aftermarket Wheel Performance Requirements and Test Procedures;

(i) check vehicle tires for proper size and weight load ratings; and

(i) issue a rejection inspection certificate when:

(A) tires do not meet the proper weight load rating for the vehicles actual gross vehicle weight; or

(B) tires are mounted on wheels that are not within tire manufacturer specifications;

(j) check that fenders and mudflaps are in place when required; and

(i) advise the customer when:

(A) fenders or fender extenders do not cover the full width of a tire;

(B) rear tires do not have the top 50% of the tire covered by mudflaps, fenders, or the vehicle body construction when required; or

(ii) issue a rejection inspection certificate when:

(A) tire tread is not fully covered by existing fenders or fender extenders;

(B) tires make contact with any other vehicle parts or accessories;

(D) fender flares or mud flaps are not secured properly; and

(k) check for studded snow tires; and

(i) advise the customer when studded snow tires are mounted on a vehicle between April 1 and October 14 of any year.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-9 Steering

(1) The steering system must be inspected to determine if excessive wear or maladjustment of the linkage or steering gear exist. Vehicle must be on a smooth, dry, level surface. On vehicles equipped with power steering, the engine must be running and the fluid level, belt tension and condition must be adequate before testing.

(2) When inspecting the vehicle's steering system, the inspector shall:

(a) measure lash at steering wheel; and

(i) issue a rejection inspection certificate when steering wheel movement exceeds 2 inches for power steering, 3 inches for manual steering, or 0.4 of an inch for rack and pinion;

(b) check the size of steering wheel; and

(i) issue a rejection inspection certificate when steering wheel is less than 13 inches in outside diameter or is not of full circular construction;

(c) check for binding or jamming conditions by turning the steering wheel through a full right and left turn without the brake being applied; and

(i) issue a rejection inspection certificate when:

(A) steering is incapable of being turned fully from right to left; or

(B) one wheel turns before the opposite wheel;

(d) check the condition and tension of steering belts if the vehicle is equipped with power steering; and

(i) advise the customer when steering belts are cracked or are not properly adjusted; or

(ii) issue a rejection inspection certificate when steering belts are frayed or torn;

(e) check the condition of the power steering system, hoses, hose connections, cylinders, and valves; and

(i) issue a rejection inspection certificate when:

(A) hoses or hose connections have a dripping leak; or

(B) cylinders or valves have a dripping leak;

(f) check the condition of the pump and check for secure mounting and proper fluid level in the reservoir; and

(i) issue a rejection inspection certificate when:

(A) pump mounting parts are loose or broken;

(B) the system is inoperative;

(D) the fluid level is below minimum fluid level indicators;

(g) check for separation of the shear capsule from bracket and general looseness of steering wheel and column; and

(i) issue a rejection inspection certificate when:

(A) the shear capsule is separated from bracket; or

(B) the wheel and column can be moved as a unit;

(h) check movement on tilt steering wheels; and

(i) issue a rejection inspection certificate when:

(A) adjustable steering wheel cannot be secured in all positions;

(B) steering column has 3/4 inch or more movement at the center of the steering wheel when it is in locked in position; or

(C) steering wheel and column is on the right side of the vehicle that is not OEM or the owner does not possess a valid waiver from the safety inspection office;

(i) check the idler arms and tie rod ends for looseness in excess of OEM specifications; and

(i) advise the customer when tie rod grease seals are cut, torn, or otherwise damaged to the extent that lubricant will not be retained; or

(ii) issue a rejection inspection certificate when:

(A) there is looseness in the tie rod ends or idler arm in excess of OEM specifications; or

(B) the tie rod is bent, causing the vehicle to be out of alignment;

(j) conduct a thorough inspection of the complete rack and pinion system; and

(i) issue a rejection inspection certificate when:

(A) there is any looseness in excess of OEM specifications;

(B) there is any looseness in the tie rod ends in excess of OEM specifications; or

(k) check the steering gear box for proper function; and

(i) advise when the gearbox on a vehicle with manual steering has a dripping leak; or

(ii) issue a rejection inspection certificate when:

(A) there is looseness at the frame or mounting;

(B) there are any cracks;

(D) any fasteners are missing;

(E) there is a dripping leak; or

(F) any welded repair is present;

(l) check the pitman arm; and

(i) issue a rejection inspection certificate when:

(A) the gearbox output shaft has movement inside the pitman arm; or

(B) any welded repair is present;

(m) check all wheel bearings for looseness; and

(i) issue a rejection inspection certificate when any bearing has movement of more than 1/8 inch when measured at the outer circumference of the tire; and

(n) check all the steering components and axle nuts for required cotter pins; and

(i) issue a rejection inspection certificate when any cotter pins are missing or ineffective.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-10 Suspension

(1) When inspecting the vehicle's suspension, the inspector shall:

(a) support vehicle with the ball joints loaded and wheels straight ahead, wipe the grease fitting and check to ensure the surface is free of dirt and grease and determine if checking surface extends beyond the surface of the ball joint cover; and

(i) advise the customer when any ball joint seal is cut, torn, or otherwise damaged to the extent it will not retain lubricant; or

(ii) issue a rejection inspection certificate when:

(A) a ball joint wear indicator is flush or inside the cover surface; or

(B) ball joint movement is in excess of manufacturer's specifications;

(b) if the vehicle does not have a wear indicating ball joint, unload the ball joints by raising the vehicle and checking the ball joint seals; and

(i) advise the customer when any ball joint seals is cut, torn, or otherwise damaged to the extent that it will not retain lubricant; or

(ii) issue a rejection inspection certificate when the ball joint movement is in excess of manufacturer's specifications;

(c) position a pry bar under the front tire and with a lifting motion, sufficient to overcome the weight of the wheel assembly only, and move the wheel up and down; and

(i) issue a rejection inspection certificate when the ball joint movement is in excess of manufacturer's specifications;

(d) grasp the tire and wheel assembly at the top and bottom and move the assembly in and out to detect looseness; and

(i) issue a rejection inspection certificate when movement is in excess of manufacturer's specifications;

(e) visually inspect for broken or damaged leaf springs; and

(i) issue a rejection inspection certificate when:

(A) springs are missing, cracked, broken, disconnected, or cut; or

(B) springs are sagging and allow the body to come in contact with the tires;

(f) check the spring shackles; and

(i) issue a rejection inspection certificate when:

(A) the shackles are damaged, loose, or have been modified and do not meet OEM specifications; or

(B) the shackles do not otherwise meet OEM specifications;

(g) check the U-bolts; and

(i) issue a rejection inspection certificate when the U-bolts are damaged, loose, or the bolts are not at least flush with the nut;

(h) check the coil springs; and

(i) issue a rejection inspection certificate when:

(A) springs are broken or not properly attached; or

(B) springs have been heated, cut, are missing, or altered from OEM specifications;

(i) visually inspect the sway bars, torsion bars, and tracking components for damage; and

(i) issue a rejection inspection certificate when:

(A) any sway bar, torsion bar, or any tracking component is loose, cracked, bent, or disconnected; or

(B) bushings are missing, worn, or distorted so that looseness is present;

(j) check the control arms for cracks, bends or breakage; and

(i) issue a rejection inspection certificate when the upper or lower control arms are bent, cracked, welded, or otherwise do not meet OEM specifications;

(k) check the bushings for wear or distortion; and

(i) issue a rejection inspection certificate when the bushings are missing, worn, or distorted so that looseness is present;

(l) check the spring mounted strut assembly, which must be inspected very closely for leakage, shaft binding, and poor damping; and

(i) advise the customer when the struts have poor damping or leakage; or

(ii) issue a rejection inspection certificate when:

(A) there is any wear in the upper mount assembly;

(B) there is any horizontal or vertical movement in the lower shaft mounting area; or

(m) visually inspect shock absorbers for looseness of mounting brackets and bolts; and

(i) advise the customer when the shocks have poor damping or leakage; or

(ii) issue a rejection inspection certificate when:

(A) shock absorbers are missing or disconnected;

(B) Mounting brackets, bolts, or bushings are loose, broken, or missing; or

(n) check the CV Axle and axle boots; and

(i) advise the customer when the CV boots are cracked or torn; or

(ii) issue a rejection inspection certificate when a CV joint makes popping or clicking noise while turning during test drive; and

(o) check the U-joint for wear; and

(i) advise the customer when wear is found in the U-joint; or

(ii) issue a rejection inspection certificate when the U-joint, driveline, or supporting hardware is worn or damaged to the extent that component separation is imminent.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-11 Altered Vehicles

(1) When inspecting lowered vehicles, the inspector shall:

(a) ensure that all replacement parts and equipment are equal to or greater in strength and durability as OEM parts; and

(i) advise the customer when fenders or fender extenders do not cover full width of a tire; or

(ii) issue a rejection inspection certificate when:

(A) any part of the vehicle, other than tires, rims, or mudflaps, are less than three inches above the ground or contact the ground;

(B) the fuel tank is exposed to damage without a skid plate;

(D) wheels or tires make contact with the body or other vehicle component;

(E) tire tread is not fully covered by existing fenders or fender extenders;

(F) braking, steering, or suspension is modified, disconnected, or changed in any manner that may impair the safe operation of the vehicle;

(G) main springs or shocks have been removed to accommodate a hydraulic or air suspension system;

(H) headlamps are less than 22 inches from the ground when measured from the ground to the center of the low beam bulb;

(I) any light does not meet mounting height specifications as outlined in the Federal Motor Vehicle Safety Standards; or

(J) chassis or suspension components have been altered or changed from OEM that reduces the vehicle stability and safety integrity.

(2) When inspecting lifted vehicles, the inspector shall:

(a) check the braking and steering system components; and

(i) issue a rejection inspection certificate when the braking or steering systems have been altered, modified, disconnected, or changed in any manner that may impair the safe operation of the vehicle;

(b) check vehicle lift by frame height measuring from the ground to the bottom of the frame on the left side of the vehicle under the driver's seat. If the door certification plate has been removed, the vehicle shall be considered to be 4,500 pounds; and

(i) issue a rejection inspection certificate when:

(A) the frame height is greater than 24 inches on a vehicle with a GVWR less than 4,500 pounds;

(B) the frame height is greater than 26 inches on a vehicle with a GVWR of 4,500 pounds and less than 7,500 pounds; or

(i) issue a rejection inspection certificate when the lowest part of the body floor is raised more than 3 inches above the top of the frame;

(d) check the vehicle for front and rear axle blocks; and

(i) issue a rejection inspection certificate when:

(A) axle blocks have been added to the front axle;

(B) there are stacked blocks on the rear axle, which includes two blocks that have been welded together; or

(e) check vehicle tire width and wheel track; and

(i) advise the customer when a fender or fender extender does not cover the full width of a tire; or

(ii) issue a rejection inspection certificate when:

(A) the tire tread protrudes beyond the original fender or fender extender; or

(B) spacers are used;

(f) check the mudflaps if the vehicle has been altered, which includes the addition of larger tires and suspension lift kits; and

(i) advise the customer when:

(A) fenders do not cover the top 50% of the tire when required;

(B) mudflaps are not present on the rear wheels of a vehicle that has been altered from its original OEM specifications; or

(C) rear mudflaps are not directly aligned with the tire and do not cover the full width of the rear tires and have a ground clearance of not more than 50% of the diameter of a rear-axle wheel, under any conditions of loading the vehicle;

(g) check lights for proper height requirements; and

(i) issue a rejection inspection certificate when any light does not meet mounting height specifications as outlined in the Federal Motor Vehicle Safety Standards; and

(h) check fuel tank; and

(i) issue a rejection inspection certificate when the fuel tank is exposed with no impact protection.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-12 Brakes

(1) Safety inspection stations are not required to use a computerized brake testing device as a mandatory piece of inspection equipment.

(2) When using a plate brake tester, Safety inspection stations and inspectors shall:

(a) follow the equipment manufacturer procedures for testing;

(b) be certified by the equipment manufacturer or an authorized agent of the division;

(d) display the inspector certification card for the equipment being used in a prominent location;

(e) display the computerized brake testing equipment certification in a prominent location;

(f) ensure the manufacturer has certified the equipment annually;

(g) pull two wheels upon the failure of the plate brake test to check brake components; and

(i) issue a rejection inspection certificate on vehicles failing the plate brake test, even if the vehicle has adequate pad and or shoe thickness;

(h) complete a visual two-wheel inspection of brake components when requested by a customer; and

(i) display at the station a sign in a conspicuous location with the following components:

(i) the sign must be 14 x 24 inches;

(ii) lettering shall be one inch in vertical height and not less than one quarter of an inch in width; and

(iii) the sign must contain a statement with the Station name and station number followed by the quotation "only uses a computerized plate brake tester to inspect the braking system efficiency of a vehicle for a safety inspection. This test does not measure brake lining thickness or condition of the drum / rotor; however, at the customer's request, we will pull two wheels for a visual check of the braking system (per Utah Safety Inspection requirements)".

(j) If the vehicle failed on a plate brake tester, then it must pass safety inspection on a plate brake tester.

(3) When conducting a visual inspection of a vehicle's brake system, the inspector shall:

(a) remove at least one front and one rear wheel for a brake inspection on all vehicles less than 10,000 pounds GVWR;

(i) vehicles over 10,000 pounds GVWR are not required to have wheels pulled if the vehicle is equipped with inspection ports/slots; and

(b) inspect the brake drum, linings, pads, discs, calipers, and the condition of all mechanical components;

(i) visual inspection through the wheel openings is not an approved inspection procedure; and

(ii) adjustment slots are not adequate for inspecting brakes or if the vehicle has open brake drums.

(4) When inspecting the hydraulic brake system of a vehicle, the inspector shall:

(a) test the pedal reserve according to the manufacture's specifications; and

(i) issue a rejection inspection certificate when there is less than 20% of the total available pedal travel when the brakes are fully applied;

(b) check the wheel cylinders for leakage; and

(i) issue a rejection inspection certificate when any wheel cylinders leak;

(i) issue a rejection inspection certificate when hoses or tubing are cracked, leaking, or show exposed fabric cord, flattened, restricted, or are unsecured; or

(ii) brake hoses are not DOT approved or have been altered; and

(d) inspect master cylinder for leakage and fluid level; and

(i) issue a rejection inspection certificate when:

(A) master cylinder leaks or fails to operate properly;

(B) master cylinder is below the add line or less than 3/4 full, whichever is less; or

(5) When inspecting the dual hydraulic circuits of a vehicle, the inspector shall:

(a) check any vehicles equipped with a brake warning light and test for operation of light; and

(i) issue a rejection inspection certificate when:

(A) a warning light remains illuminated or comes on when brake pedal is depressed; or

(B) a warning light does not operate when required.

(6) When inspecting brakes with vacuum assist of a vehicle, the inspector shall:

(a) check the condition of vacuum system for collapsed, broken, badly chafed, improperly supported tubes, and loose or broken hose clamps; and

(i) issue a rejection inspection certificate when:

(A) hoses, tubes, or booster are leaking;

(B) the system is collapsed, broken, badly chafed, showing metal or fabric cord;

(D) hoses or tubes are exposed to damage from excessive heat, debris, or rubbing; and

(b) determine if the system is operating by turning off engine and depressing the brake pedal several times to deplete all vacuum in the system, and then starting the engine while maintaining pedal force and observe if the pedal falls slightly when the engine starts; and

(i) issue a rejection inspection certificate when the service brake pedal does not fall slightly as engine is started and while pressure is maintained on pedal.

(7) When inspecting brakes with a hydraulic booster of a vehicle, the inspector shall:

(a) check the integrated hydraulic booster; and

(i) issue a rejection inspection certificate when:

(A) the brake pedal does not move down slightly as the pump builds pressure; or

(B) the brake warning lights remain on longer than 60 seconds; and

(b) check the braking system, while fully charged, for leaks and proper fluid levels; and

(i) issue a rejection inspection certificate when:

(A) fluid reservoir is below the add line or less than 3/4 full, whichever is less;

(B) braking system has broken, kinked or restricted fluid lines or hoses; or

(8) When inspecting brake drums of a vehicle, the inspector shall:

(a) check the condition of the drum friction surface for damage, contamination, and substantial cracks; and

(i) issue a rejection inspection certificate when:

(A) there are substantial cracks, other than short hairline heat cracks, on the friction surface extending to the open edge of the drum; or

(B) any part of the brake drum missing or is in danger of falling away;

(ii) a vehicle may pass inspection with short hairline heat cracks;

(b) check for cracks on the outside of drum; and

(i) issue a rejection inspection certificate when a brake drum has external cracks, other than short hairline cracks;

(i) issue a rejection inspection certificate when there is evidence of mechanical damage other than wear;

(d) check for leaks at all grease or oil seals; and

(i) issue a rejection inspection certificate when the leakage of oil, grease, or brake fluid contaminates the brake components; and

(e) check the drum diameter; and

(i) issue a rejection inspection certificate when the drum is turned or worn beyond the manufacturer's specifications.

(9) When inspecting brake rotors of a vehicle, the inspector shall:

(a) check the condition of the rotor friction surface for substantial cracks; and

(i) issue a rejection inspection certificate when:

(A) there are substantial cracks, other than short hairline cracks, on the friction surface extending to open edge of rotor;

(B) the friction surface is contaminated with oil or grease; or

(b) check the rotor thickness; and

(i) issue a rejection inspection certificate when the rotor thickness is less than the manufacturer's specifications.

(10) When inspecting the bonded lining and pads of a vehicle, the inspector shall:

(a) check the primary and secondary lining thickness at the thinnest point; and

(i) advise the customer when the lining thickness is worn to 2/32 inch; or

(ii) issue a rejection inspection certificate when the lining thickness is worn to less than 2/32 inch.

(11) When inspecting the riveted lining and pads of a vehicle, the inspector shall:

(a) check for loose or missing rivets; and

(i) issue a rejection inspection certificate when:

(A) any rivets are loose or missing; or

(B) the lining thickness is worn to less than 2/32 inch; and

(b) check the primary and secondary lining thickness above the rivet head by measuring at the thinnest point with the calipers removed; and

(i) issue a rejection inspection certificate when the lining thickness is less than 2/32 inch above any rivet head.

(12) When inspecting the brake linings of a vehicle, the inspector shall:

(a) check for broken or cracked linings; and

(i) issue a rejection inspection certificate when the linings are broken, cracked, or not firmly and completely attached to shoe;

(b) check for contamination of the friction surface; and

(i) issue a rejection inspection certificate when the friction surface is contaminated with oil, grease, or brake fluid;

(ii) once a brake lining has been contaminated, replacement is required; and

(i) advise the customer when the lining is uneven or grooved.

(13) When inspecting the mechanical brake components of a vehicle, the inspector shall:

(a) check for missing or defective mechanical components; and

(i) issue a rejection inspection certificate when mechanical parts are missing, incompatible, broken, or badly worn;

(b) check for frozen calipers, rusted or inoperative components, missing spring clips, and defective grease retainers; and

(i) issue a rejection inspection certificate when:

(A) any mechanical parts are frozen, inoperative, missing, or defective; or

(B) the backing plate or brake shoe is damaged, restricting free movement of the brake shoe; and

(c) check for restriction of shoe movement at the backing plate and for binding between the brake shoe and anchor pins; and

(i) issue a rejection inspection certificate when the shoes and anchor pins are improperly positioned or misaligned.

(14) When inspecting the parking brake of a vehicle, the inspector shall:

(a) check holding ability; and

(i) issue a rejection inspection certificate when the parking brake does not operate or fails to hold the vehicle; and

(b) check the ratchet or the locking device; and

(i) issue a rejection inspection certificate when the ratchet, pawl or other locking device fails to hold the brake in an applied position.

(15) When inspecting the Anti-Lock Brakes (ABS) of a vehicle, the inspector shall:

(a) check the ABS warning light and system for proper operation; and

(i) advise the customer when:

(A) the ABS light fails to light, fails to shut off after 60 seconds, or when 5 rapid beeps are heard when ignition switch is turned to the on position; or

(B) ABS components are broken, missing, or disconnected.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-13 Lighting

(1) When inspecting the headlamps of a vehicle, the inspector shall:

(a) check headlamps for proper mounting; and

(i) issue a rejection inspection certificate when:

(A) mounting brackets are loose, missing, or damaged in any way so that a headlamp cannot be properly and securely mounted; or

(B) a vehicle headlamp is lower than 22 inches or exceed 54 inches, measured from the ground to the center of the headlamp;

(b) check headlamp for proper aim and lighting using a mechanical headlamp aiming device or by checking light at 10 feet measured from the front of the vehicle to a wall; and

(i) issue a rejection inspection certificate when:

(A) headlamp aim deviates more than four inches in any direction;

(B) a headlamp is less than 22 inches or greater than 54 inches measured from the ground to the center of the low beam;

(D) a headlamp projects other than white light; or

(E) a headlamp does not comply with federal standards; and

(i) advise the customer when a headlamp has minor holes or cracks in the headlight lens; or

(ii) issue a rejection inspection certificate when:

(A) a headlamp covering not approved by the department is placed on or in front of any headlamp, or a factory-installed light or cover is faded or painted to the point that components inside are not distinguishable;

(B) a headlamp cover is broken or missing; or

(d) check the dimmer switch for proper functioning and ensure that both high and low beams function; and

(i) issue a rejection inspection certificate when the dimmer switch fails to work properly.

(2) When inspecting the backup lights of a vehicle, the inspector shall:

(a) check the backup lights for proper functioning; and

(i) advise the customer when the backup lights are missing or fail to light; or

(ii) issue a rejection inspection certificate when the backup lights remain illuminated when transmission is not in reverse.

(3) When inspecting the hazard warning lamps of a vehicle, the inspector shall:

(a) check the hazard warning lamps for proper functioning; and

(i) issue a rejection inspection certificate when:

(A) the hazard warning lamps fail to function properly; or

(B) there is any tinted cover over the lens.

(4) When inspecting a vehicle's interior lamps, the inspector shall:

(a) check the interior lamps for proper functioning; and

(i) issue a rejection inspection certificate when turn signal indicators, high beam indicator, or brake warning indicator fail to function.

(5) When inspecting the vehicle's parking lamps, the inspector shall:

(a) check the parking lamps for proper functioning; and

(i) issue a rejection inspection certificate when:

(A) parking lamps fail to function properly or display an unapproved color; or

(B) any tinted cover is over the lens.

(6) When inspecting the side marker lamps of a vehicle, the inspector shall:

(a) check the side marker lamps for proper functioning and color; and

(i) issue a rejection inspection certificate when:

(A) side marker lamps are not functioning properly;

(B) side marker lamps or side reflectors are not the correct color, which must be yellow or amber on the front of the vehicle and red on the rear of the vehicle; or

(7) When inspecting the tail lamp assembly of a vehicle, the inspector shall:

(a) check the tail lamp assembly for proper lens and required reflex reflectors; and

(i) issue a rejection inspection certificate when:

(A) rear lenses do not produce red light, are painted, or covered by any tinted cover;

(B) lenses are missing required reflectors; or

(b) check lens covers for breakage; and

(i) issue a rejection inspection certificate when:

(A) a tail lamp lens is broken to the extent that any white light shows through the broken area; or

(B) there is a tinted cover or temporary patch;

(i) issue a rejection inspection certificate when tail lamps fail to light properly;

(d) check for proper mounting; and

(i) issue a rejection inspection certificate when tail lamps are not securely mounted; and

(e) check for visibility; and

(i) issue a rejection inspection certificate when lamps are not visible from a distance of 500 feet in normal light.

(8) When inspecting the stop lamps of a vehicle, the inspector shall:

(a) check the stop lamps for proper color; and

(i) issue a rejection inspection certificate when:

(A) a stop lamp lens does not produce a steady burning red light;

(B) a stop lamp is painted or tinted;

(D) a stop lamp has a blue dot tail light;

(b) check the stop lamps for breakage; and

(i) issue a rejection inspection certificate when:

(A) a stop lamp lens is broken to the extent that white light is visible to the rear; or

(B) there is a tinted cover or a temporary patch;

(i) issue a rejection inspection certificate when:

(A) a stop lamp do not operate when required; or

(B) a stop lamp fails to light properly;

(d) check for proper stop lamp mounting; and

(i) issue a rejection inspection certificate when a stop lamps are not securely mounted;

(e) check the visibility of stop lamps; and

(i) issue a rejection inspection certificate when:

(A) a stop lamp is not visible from a distance of 500 feet in normal light;

(B) LED lights have less than 50% of the diodes illuminated;

(D) a stop lamp is painted or tinted; or

(E) a stop lamp has any cover that partially or entirely obstructs the original design of the light; and

(f) check center high-mounted stop lamps, if applicable; and

(i) issue a rejection inspection certificate when:

(A) a center high-mounted stop lamp is not present when required;

(B) a center high-mounted lamp fails to light;

(D) LED lights have less than 50% of diodes illuminated; or

(E) a lens does not produce a steady burning red light, except as provided in Section 41-6a-1604;

(F) a lens is painted; or

(G) a lens has a cover that partially or entirely obstructs the original design of the light;

(ii) center high-mounted stop lamps are required on all passenger vehicles manufactured after September 1985;

(iii) trucks whose overall width is less than 80 inches and GVWR is 10,000 pounds or less, manufactured after September 1, 1993, must be equipped with a high-mounted stop lamp.

(iv) trucks greater than 80 inches in overall width and 10,000 pounds GVWR do not require a high-mounted stop lamp;

(v) a truck equipped with a camper shell at the time of the inspection that covers the center high-mounted stop lamp is acceptable; and

(vi) a truck shell that was manufactured with a center high-mounted stop lamp is required to function if the truck is equipped with a high-mounted stop lamp.

(9) When inspecting the turn signal operation of a vehicle, the inspector shall:

(a) check the turn signals on all vehicles manufactured in 1956 and later; and

(i) advise the customer when one of the two bulbs fails to illuminate in a two-bulb system; or

(ii) issue a rejection inspection certificate when:

(A) the vehicle is not equipped with proper signals; or

(B) a turn signal fails to function;

(b) check the switch for proper functioning; and

(i) advise the customer when the switch does not cancel automatically for vehicles manufactured in 1956 or later; or

(ii) issue a rejection inspection certificate when the turn signal lever needs to be held in the on position;

(i) issue a rejection inspection certificate when:

(A) a turn signal lens is tinted, painted, broken or missing;

(B) any tinted cover or foreign material is over the lens; or

(d) check for proper mounting; and

(i) issue a rejection inspection certificate when the turn signals are not securely mounted;

(e) check for the proper color of lens and bulbs; and

(i) issue a rejection inspection certificate when:

(A) turn signal colors are not red, yellow, or amber in the rear of the vehicle;

(B) turn signal color is not amber in the front of the vehicle; or

(f) check for visibility of lens; and

(i) issue a rejection inspection certificate when turn signals are not visible from a distance of 100 feet in normal light.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-14 Electrical System

(1) When inspecting the electrical system of a vehicle, the inspector shall:

(a) check the horn; and

(i) advise the customer when the horn is not securely fastened; or

(ii) issue a rejection inspection certificate when the horn does not function properly or is not audible under normal conditions at a distance of at least 200 feet;

(b) check the electrical switches and wiring; and

(i) advise the customer when:

(A) electrical switches fail to function as designed for OEM required equipment;

(B) connections show signs of corrosion; or

(ii) issue a rejection inspection certificate when wiring insulation is worn or rubbed bare;

(i) issue a rejection inspection certificate when:

(A) the starter operates in any gear other than "P" or "N" for an automatic transmission; or

(B) the vehicle starter operates without the clutch depressed for a manual transmission, when equipped with a neutral safety switch; and

(d) check for battery securement; and

(i) issue a rejection inspection certificate when a battery is not properly secured.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-15 Vehicle Windows

(1) When inspecting the windshield of a vehicle, the inspector shall:

(a) check the windshield for appropriate "AS" certification number; and

(i) issue a rejection inspection certificate when:

(A) the windshield is missing; or

(B) the windshield does not have AS-1, AS-10, or AS-14 markings;

(b) visually inspect the windshield for scratches, cloudiness, etching, or other marks; and

(i) issue a rejection inspection certificate when:

(A) the windshield glass is scratched, discolored, clouded, or pitted to a level that obscures vision;

(B) the windshield cloudiness is more than one inch from each side edge, more than four inches down from the top edge, or more than three inches up from the bottom edge; or

(i) issue a rejection inspection certificate when:

(A) the windshield has outright breakage, which includes shattered glass on either the inside or outside surface, or any broken glass leaving sharp or jagged edges;

(B) any crack intersects with another crack within the acute area;

(D) any damage in the acute area that is within 3 inches of any other damage in the acute area;

(E) windshield allows less than 70% light transmittance or any sign, poster, or other non-transparent material is present below the AS-1 line or four inches down from the top of the windshield, whichever is lower; or

(F) any transparent material becomes obscured or impairs the drivers vision and is more than one inch in from each side edge, more than four inches down from the top edge, or more than three inches up from the bottom edge.

(d) Non-transparent material is allowed in the lower left-hand corner of the windshield provided it does not extend more than 3 inches to the right of the left edge or more than 4 inches above the bottom edge of the windshield in accordance with Section 41- 6a-1635.

(2) When inspecting the windshield defroster of a vehicle, the inspector shall:

(a) verify a vehicle manufactured after January 1, 1969 is equipped with a windshield defroster system; and

(b) if applicable, turn on windshield defroster fan switch and inspect for heated air blowing over the inside of the windshield; and

(i) issue a rejection inspection certificate when:

(A) a vehicle manufactured after January 1, 1969 is not equipped with a windshield defroster system; or

(B) the defroster fan fails to function or the fan functions but a stream of heated air cannot be felt blowing against the proper area of the windshield.

(3) When inspecting the windshield wipers of a vehicle, the inspector shall:

(a) check for satisfactory operation of the windshield wipers, if vacuum operated, the engine must be idling; and

(i) advise the customer when wipers fail to return to the park position; or

(ii) issue a rejection inspection certificate when:

(A) any wiper fails to function properly, other than streaking from wiper blades;

(B) a vehicle originally equipped with two windshield wipers has been modified to use one wiper; or

(b) check the wiper blades for damaged, torn, or hardened rubber elements; and

(i) issue a rejection inspection certificate when the wiper blades show signs of physical breakdown of the rubber wiping element;

(i) issue a rejection inspection certificate when the wiper blades or arms are missing or damaged to the extent that they do not function properly; and

(d) check for proper contact of blades with windshield; and

(i) issue a rejection inspection certificate when a wiper blade fails to contact the windshield firmly.

(4) When inspecting the windshield washers of a vehicle, the inspector shall:

(a) verify a vehicle manufactured after May 1966 is equipped with a windshield washer system; and

(b) if applicable, check for proper operation of hand or foot control and that an effective amount of fluid is delivered to the windshield; and

(i) issue a rejection inspection certificate when:

(A) a vehicle manufactured after May 1966 is not equipped with a windshield washer system; or

(B) the windshield washer system fails to function properly, including cracked hoses, broken hoses, or if the fluid reservoir is unable to hold fluid.

(5) When inspecting the front side windows of a vehicle, the inspector shall:

(a) check the operation of the driver window and front passenger window; and

(i) advise the customer when the driver window cannot be readily opened to permit arm signals; or

(ii) issue a rejection inspection certificate when the driver or front passenger window fails to roll up;

(b) check the driver and front passenger windows for tinting or shading, scratches, discoloration, and cloudiness; and

(i) advise the customer when either the driver or front passenger window is scratched, discolored, or clouded, but the driver's view of the side mirrors is unobscured; or

(ii) issue a rejection inspection certificate when:

(A) there is any tinting or non-transparent material added to the windows to the immediate left or right of the driver's seat that allows less than 43% light transmittance;

(B) the front left and right side windows are scratched, discolored, clouded, or etched with non-OEM markings to a level that obstructs the drivers' view of the side mirrors;

(D) windows are covered by or treated with a material, which presents a metallic or mirrored appearance when viewed from the outside of the vehicle;

(i) issue a rejection inspection certificate when any glass is broken, shattered, or jagged; and

(d) check the wind deflectors, or bubbles, when present; and

(i) issue a rejection inspection certificate when a wind deflector on the driver or front passenger window is tinted to allow less than 43% light transmittance, or when deflector and window are both tinted to allow less than 43% light transmittance.

(A) This standard only applies to wind deflectors on the front left and right windows, which block driver visibility to the left and/or right outside mirror.

(6) When inspecting the rear side window of a vehicle, the inspector shall:

(a) check the windows behind the driver and passenger doors for tinting or for material that presents a metallic or mirrored appearance; and

(i) issue a rejection inspection certificate when:

(A) any window is covered by or treated with a material that presents a metallic or mirrored appearance when viewed from the outside of the vehicle;

(B) any glass is broken, shattered, or jagged;

(D) center high-mounted brake light is covered with aftermarket window tint or is not visible;

(ii) window tint limits do not apply to windows located behind the driver;

(i) issue a rejection inspection certificate when:

(A) the vehicle lacks a left rearview mirror that meets OEM standards;

(B) the vehicle has only one review mirror; or

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-16 Body

(1) When inspecting the body of a vehicle, the inspector shall:

(a) check the vehicle body for protruding metal parts, moldings, and other body parts that may protrude from vehicle, creating a hazard; and

(i) issue a rejection inspection certificate when metal, molding, or any other body part protrudes from the surface of the vehicle and creates a hazard;

(b) check parts and accessories for proper securement; and

(i) issue a rejection inspection certificate when parts or accessories are not properly secured.

(2) When inspecting bumpers of a vehicle, the inspector shall:

(a) check bumpers to ensure they meet OEM specifications in vertical height, are centered on the vehicle's centerline, connected securely to the vehicle frame, and extend the entire width of the vehicle wheel track; and

(i) issue a rejection inspection certificate when:

(A) bumpers are not 4.5 inches in vertical height;

(B) bumpers do not extend to the entire width of original body wheel track;

(D) bumpers are not made from a material that is strong enough to effectively transfer impact.

(ii) A pickup truck is required to meet the requirements of this section even though it may be sold or purchased without a rear bumper meeting OEM standards.

(iii) Roll pans are not bumpers and are only acceptable when a material is concealed behind the roll pan that meets the strength, vertical height, and securing requirements of a rear bumper.

(A) The material must extend the width of the wheel track and must meet all of the requirements of a rear bumper.

(3) When inspecting the fenders of a vehicle, the inspector shall:

(a) check for removal or alteration of front and rear fenders; and

(i) advise the customer when any fender has been removed or altered to such extent that it does not cover the entire width and upper 50% of the tire.

(4) When inspecting the seats of a vehicle, the inspector shall:

(a) check seats for proper operation of adjusting mechanism and to see that the seats are securely anchored to the floor; and

(i) issue a rejection inspection certificate when:

(A) seats are not anchored to the floorboard;

(B) the seat adjusting mechanism slips out of set position;

(D) any driver or passenger seat back is broken or disconnected from the base so that it will not support a person's full weight;

(E) seat belts are not installed on vehicles manufactured after July 1, 1966 or are inoperative when present; or

(F) seat belts are cut, torn, frayed, or otherwise damaged; and

(b) check the motorized safety belts for proper function; and

(i) advise the customer when a motorized seat belt does not function as designed; or

(ii) issue a rejection inspection certificate when motorized seat belts fail to lock in the rear position.

(5) When inspecting the air bags of a vehicle, the inspector shall:

(a) check the Air Bag Readiness Light; and

(i) advise the customer when air bag indicator fails to light in the manner prescribed by the manufacturer, continuously flashes, remains illuminated, or if five sets of "beeps" are heard concurrent with indicator failing to light; and

(b) check the air bags; and

(i) issue a rejection inspection certificate when an air bag has been deployed or is not present when originally equipped on the vehicle.

(6) When inspecting the floorboards of a vehicle, the inspector shall:

(a) check the floorboard in both the occupant compartment and trunk for rusted areas or holes that could permit entry of exhaust gases or will not support occupants adequately; and

(i) issue a rejection inspection certificate when:

(A) any area of the floorboard is rusted through sufficiently to cause a hazard to an occupant; or

(B) exhaust gases could enter the occupant compartment or trunk; and

(b) check the space between the floor pan and frame for body lifts; and

(i) issue a rejection inspection certificate when the lowest part of body floor is raised more than three inches above the top of the frame.

(7) When inspecting the doors of a vehicle, the inspector shall:

(a) check the doors and door components for proper operation; and

(i) issue a rejection inspection certificate when:

(A) doors are missing, unless the vehicle manufacturer specially designed the doors to be removed;

(B) door parts are missing, broken, or sagging to the extent that the door cannot be opened and closed properly; or

(ii) Shaved door handles with automatic releases are allowed provided that when the engine is running and the vehicle is in drive, the wireless remote cannot activate the door release switch.

(8) When inspecting the hood of a vehicle, the inspector shall:

(a) check all vehicles for hood or engine cover; and

(i) issue a rejection inspection certificate when:

(A) the hood or engine cover is missing; or

(B) the hood is unable to be opened;

(b) check the hood and open it to check the safety catch for proper operation; and

(i) issue a rejection inspection certificate when the secondary or safety catch does not function properly;

(i) issue a rejection inspection certificate when the hood latch does not securely hold the hood in its proper fully closed position; and

(d) check for aftermarket hood scoop or air intake; and

(i) issue a rejection inspection certificate when:

(A) a hood scoop, air intake, or any engine component is higher than four inches above the top of the hood; or

(B) moving parts are exposed above the hood.

(9) When inspecting the frame of a vehicle, the inspector shall:

(a) check the frame and ensure that any repairs made to the frame meet OEM specifications; and

(i) issue a rejection inspection certificate when:

(A) there is any broken or cracked frame component;

(B) the frame is rusted through;

(C) the frame has been cut or portions of the frame have been removed, drilled, or bent, affecting the strength or integrity of the frame; or

(D) repairs made to the frame that do not meet OEM specifications.

(10) When inspecting the mounts of a vehicle, the inspector shall:

(a) check all mount components, including motor mounts, transmission mounts, and drive train m ounts; and

(i) advise the customer when heat cracks are present; or

(ii) issue a rejection inspection certificate when:

(A) any mount bolts or nuts are broken, loose, or missing;

(B) the rubber cushion is separated from the metal plate of any mount;

(D) the engine or transmission is sagging to the point where the mount bottoms out or there is engine misalignment to the point of a drive train component compromise; or

(E) fluid-filled mounts are leaking, leakage must be verified from the mount.

(11) When inspecting the exterior rearview mirrors of a vehicle, the inspector shall:

(a) check exterior mirrors from the driver's position for a clear and reasonably unobstructed view to the rear; and

(i) verify a driver-side mirror that meets OEM standards is equipped on a vehicle manufactured after January 1968, and the vehicle is also equipped with either an interior mirror or a passenger exterior mirror;

(ii) verify a passenger-side mirror is equipped on a vehicle with tinted windows or an obstructed rear view; and

(iii) issue a rejection inspection certificate when:

(A) the required mirrors are not present; or

(B) driver-side mirror does not meet OEM standards;

(b) Verify mirrors are in the correct location and are mounted securely; and

(i) issue a rejection inspection certificate when:

(A) mirrors are loose enough that the driver's rear vision could be impaired;

(B) mirrors are cracked, pitted, or clouded to a level that the obscures the driver's rear vision;

(D) mirrors do not allow 200 feet of rear visibility.

(12) When inspecting the interior rearview mirror, if an interior rearview mirror is required, the inspector shall:

(a) check the mirror for proper mounting, location, cracks, sharp edges, and ease of adjustment; and

(i) issue a rejection inspection certificate when:

(A) the interior mirror is loosely mounted;

(B) the interior mirror obstructs the drivers' forward vision;

(D) the interior mirror is cracked, broken, has sharp edges, or rear vision is obscured; or

(E) the interior mirror will not maintain a set adjustment.

(13) When inspecting the speedometer of a vehicle, the inspector shall:

(a) check the vehicle to ensure that it is equipped with a properly functioning speedometer; and

(i) advise the customer when the speedometer is not functioning properly.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-17 Exhaust System

(1) The inspector shall examine the vehicle's exhaust system and comply with the following requirements:

(a) check the manifold, exhaust or header pipe, mufflers, tail pipes, and the supporting hardware; and

(i) issue a rejection inspection certificate when:

(A) the muffler is missing;

(B) the exhaust system has leaks of any kind on any part of the system, excluding drain holes installed by the manufacturer.

(C) any part of the system is not securely fastened or is secured in a manner that is likely to fail, such as using a rope to secure the tail pipe;

(D) the tail pipes do not extend beyond the outer periphery of the passenger compartment, discharge at any point forward of the passenger compartment, or are severely bent or broken;

(E) the exhaust system passes through any occupant compartment;

(F) a muffler cutout or similar device is installed on the vehicle;

(G) any part of the exhaust system that is located or exposed in a manner that a person will likely be burned or injured; or

(H) any part of the exhaust system is located so that it would likely result in burning, charring, or damaging the electrical wiring, the fuel supply, or any combustible part of the motor vehicle.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-18 Fuel System

(1) If the fuel system uses diesel or gasoline, the inspector shall:

(a) check the fuel tank, fuel tank support straps, filler tube, tube clamps, fuel tank vent hoses or tubes, filler housing drain, overflow tube, and fuel filler; and

(i) issue a rejection inspection certificate when:

(A) there is fuel leakage at any point or there are escaping gases detected in the system;

(B) the fuel tank filler cap is missing;

(D) there is physical damage to any fuel system component; or

(E) the crossover line is not protected and drops more than two inches below fuel tanks.

(2) If the fuel system uses liquid propane gas, the inspector shall:

(a) check the fuel tank, fuel tank support straps, filler tube, tube clamps, fuel tank vent hoses or tubes, filler housing drain, overflow tube, fuel filler cap, and conversion kit installations;

(b) check for leaks by using the soap test with antifreeze;

(d) check that containers are located to minimize the possibility of damage to the container and its fittings;

(e) check that containers located less than 18 inches from the exhaust system, the transmission, or a heat-producing component of the internal combustion engine are shielded by a vehicle frame member or by a noncombustible baffle with an air space on both sides of the frame member or baffle;

(f) check that the piping system is installed, supported, and secured in such a manner as to minimize damage due to expansion, contraction, vibration, strains, and wear;

(i) protection to the piping system may be achieved by parts of the vehicle furnishing the necessary protection, a fitting guard furnished by the manufacturer of the container, or by other means to provide equivalent protection;

(g) check that container valves, appurtenances, and connections are protected to prevent damage from accidental contact with stationary objects or from stones, mud, ice, and from damage from the vehicle's overturn or similar accident;

(h) For a tank installed inside a passenger compartment, check that it is installed in an enclosure that is securely mounted to the vehicle, such as a trunk which is gas-tight with respect to the passenger compartment and is vented to the outside of the vehicle;

(i) check that manual shutoff valves provide positive closure under service conditions, are equipped with an internal excess- flow check valve designed to close automatically at the rated flows of vapor, stop all flow to and from the container when put in the closed position, and are readily accessible without the use of tools or other equipment. A check valve will not meet this requirement; and

(j) issue a rejection inspection certificate when:

(i) there is fuel leakage at any point or there are escaping gases detected in the system;

(ii) the fuel tank filler cap is missing;

(iii) any part of the system is not securely fastened, supported, or the tank valve is not shielded;

(iv) there is physical damage, such as excessive denting, corrosion, bulging, or gouging to any fuel system component;

(v) the fuel lines have any corrosion;

(vi) welding is present, with the exception of being on saddle plates, lugs, pads or brackets that are attached to the container by the container manufacturer;

(vii) excessive surface rust is present on the tank or tank paint coating is in poor condition;

(viii) there is any installation hazard present that may cause a potential hazard during a collision;

(ix) a container is mounted directly on the roof, or ahead of the front axle or beyond the rear bumper of a vehicle;

(x) a container or its appurtenance protrudes beyond the sides or top of the vehicle;

(xi) the vehicle does not have a weather-resistant, diamond shaped label located on the right rear of the vehicle identifying the vehicle as a 'PROPANE' fueled vehicle;

(xi) a data plate or saddle plate is not present or is not legible on a propane tank;

(xii) any aftermarket data plates are welded on the tank; or

(xiii) a check valve is used for a manual shutoff valve.

(3) American Society of Mechanical Engineers "ASME" containers are installed permanently to vehicles and are not subject to the DOT inspection requirements.

(4) All liquefied propane gas containers fabricated to earlier editions of regulations, rules, or codes listed in NFPA 5.2.1.1 and of the Interstate Commerce Commission "ICC" Rules for Construction of Unified Pressure Vessels, prior to April 1, 1967, shall be permitted to continue to be used in accordance with Section 1.4 of NFPA.

(5) Containers that have been involved in a fire and show no distortion shall be re-qualified by a manufacturer of that type of cylinder or by a repair facility approved by DOT, before being used or reinstalled.

(6) When inspecting a fuel system that uses either CNG or liquefied natural gas, the inspector shall:

(a) check the fuel tank, fuel tank support straps, filler tube, tube clamps, fuel tank vent hoses or tubes, filler housing drain, overflow tube, fuel filler cap, and conversion kit installations;

(b) check the tank to verify it is protected from physical damage using the vehicle structure, valve protectors or a suitable plastic or metal shield;

(c) check that fuel tank shields do not have direct contact with fuel tanks and prevent trapping of materials that could damage the tanks or its coatings;

(d) for fuel tanks installed above, below, or within the passenger compartment, check to verify connections are external or sealed and vented from the compartment;

(e) for fuel tanks installed within the passenger compartment, check to verify tanks are vented to the outside of the vehicle with a boot or heavy plastic bag and shall not exit into a wheel well;

(f) check tanks and fuel lines to verify mounting and bracing is away from the exhaust system and supported to minimize vibration and to protect against damage, corrosion, or breakage;

(g) check for identification with a weather-resistant, diamond-shaped label located on an exterior vertical surface or near- vertical surface on the lower right rear of the vehicle, excluding the bumper, inboard from any other markings;

(i) the label shall be a minimum of 4.72 inches long by 3.27 inches high;

(h) check that when a manual valve is used, the valve location is accessible, indicated with the words "MANUAL SHUTOFF VALVE";

(i) check that the vehicle bears in the engine compartment a label readily visible identification as a CNG-fueled vehicle, system service pressure, installer's name or company, container retest dates or expiration date, and the total container water volume in gallons;

(j) check for a label located at the fueling connection receptacle with identification as a CNG-fueled vehicle, system working pressure, and container retest dates or expiration date;

(k) check that CNG fuel containers are permanently labeled;

(i) disassembly of the tanks protective shield is not required to verify the label on the tank;

(ii) it is the vehicle owner's responsibility to provide documentation for a current CNG tank Inspection from a CNG certified inspector; and

(iii) the documentation must identify the vehicle and list the CNG tank certification number; and

(l) visually inspect CNG fuel containers for damage and deterioration; and

(i) issue a rejection inspection certificate when:

(A) there is fuel leakage at any point or escaping gases are detected in the system, odor will be present;

(B) the fuel tank filler cap or cover is missing;

(C) any part of the system is not securely fastened, supported, or shielded to prevent damage from road hazards, slippage, loosening, or rotations;

(D) the fuel tank is exposed or unprotected;

(E) tanks that are installed under a vehicle are mounted ahead of the front axle or behind the point of attachment of the rear bumper;

(F) there is any physical damage to a fuel system component;

(G) there is any installation hazard present that may cause a potential hazard during a collision;

(H) any part of the fuel tank or its appurtenances protrudes beyond the sides or top of any vehicle where the tanks can be struck or punctured;

(I) the vehicle is not labeled as described in Subsection C of this section or in accordance with National Fire Protection Association Pamphlet 52; or

(J) a CNG fuel container is not current with its certification in accordance with Federal Motor Vehicle Safety Standards.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-19 Trailers

(1) Light duty trailers or any trailer, regardless of GVWR, used in the capacity of a commercial motor vehicle as defined in Federal Motor Carrier Safety Regulations shall be inspected per procedures found in Rule R714-162, Equipment Standards for Heavy Truck, Trailer and Bus Safety Inspections.

(a) These inspections shall only be performed by personnel certified in Tractor/Trailer/Bus categories.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-20 Off-Highway Vehicles

(1) The inspector shall check vehicles that have been modified for off-road use for compliance with the safety inspection rules, Utah state law, and federal motor vehicle safety standards:

(a) the inspector shall issue a rejection inspection certificate when:

(i) a vehicle does not meet all inspection requirements for a regular passenger vehicle;

(ii) a vehicle does not provide an enclosure or cockpit for the driver and occupants; or

(iii) the vehicle has a Baja or T-bar style bumper.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-21 Vintage Vehicles, Custom Vehicles, and Replica Vehicles

(1) The following are minimum safety equipment requirements for a custom vehicle:

(a) hydraulic service brakes on all wheels with current vehicle brake and stopping standards;

(b) parking brake operating on at least two wheels on the same axle;

(d) sealed beam or halogen headlamps;

(e) brake Lamps;

(f) turn signal lamps and switch;

(g) AS-1 safety glass or Lexan; and

(h) electric or vacuum windshield wiper in front of the drivers view.

(2) The inspector shall issue a rejection inspection certificate when any of the above requirements are not met.

(3) Exhaust systems may discharge along the side of the vehicle provided they discharge at a point behind the rear edge of the door and exhaust is directed away from the vehicle.

(4) The vehicle identification for a custom vehicle shall be a number stamped on the frame of the vehicle.

(a) If no such numbers exist, then the requirements as established pursuant to Rule R873-22M-15 must be followed in order to pass inspection.

(5) All safety equipment of a replica vehicle shall comply with the requirements in Subsection 41-6a-1507(3).

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-22 Low-Speed Vehicles

(1) A low-speed vehicle shall meet the requirements found in Section 41-6a-1508.

(a) The inspector shall issue a rejection inspection certificate when any of the requirements in Section 41-6a-1508 or 49 C.F.R. 571.500 are not met.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-160-23 Reconstructed/Salvaged Motor Vehicles

(1) Safety inspection for a salvaged vehicle is required as stated in Subsection 53-8-205(1)(a).

(2) The inspector shall check all components and follow the requirements in this Rule.

(a) The inspector shall issue a rejection inspection certificate when any components and repairs are not made or installed in accordance with applicable provisions for the particular chassis from the original manufacturer.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: December 6, 2018
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

R714-161 Equipment Standards for Motorcycle Safety Inspections

Utah Admin. Code R714-161-1 Authority

This rule is authorized by Subsections 53-8-204(5) and 41-6a-1601(2).

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-2 Purpose

The purpose of this rule is to set minimum equipment standards governing motorcycle safety inspections in accordance with Sections 53-8-204 and 41-6a-1601.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-3 Definitions

(1) Terms used in this rule are found in Sections 41-1a-102, 41a-6a-102, and 49 C.F.R. 571, et seq.

(2) In addition:

(a) "division" means the Vehicle Safety Inspection section of the Utah Highway Patrol;

(b) "inspector" means a person employed by a station licensed to conduct safety inspections;

(c) "online inspection certificate" means an inspection certificate created electronically through the Vehicle Safety Inspection System;

(d) "online inspection program" means the web-based inspection program used to record safety inspections;

(e) "OEM" means original equipment manufacturer;

(f) "paper inspection certificate" means an inspection certificate created by paper form; and

(g) "station" means a business or government facility located in Utah that is managed or operated by a valid permit holder and conducts safety inspections.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-4 Incorporation of Federal Motor Vehicle Safety Standards

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-5 Applicability of Rule

This rule applies to all motorcycles.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-6 Inspection Procedures

(1) The inspector shall complete the following tasks prior to inspecting the vehicle:

(a) collect the appropriate paperwork such as registration, title, and bill of sale;

(b) verify the vehicle identification number (VIN);

(d) record the vehicle mileage;

(e) enter the inspection date and inspector number if using a paper inspection certificate; and

(f) determine whether the vehicle needs a test drive and the purpose of test drive.

(2) If a test drive needs to be conducted off the station's property, the customer shall be informed.

(3) The inspector shall examine the vehicle by completing the following tasks:

(a) inspect the windshield, if equipped;

(b) inspect for adequate visibility from required mirrors;

(d) inspect for play in the brake pedal;

(e) inspect the horn;

(f) inspect high and low beam headlights;

(g) inspect headlights for proper aim;

(h) inspect parking lights, tail lights, signal lights, brake lights, m arker lights, and reflectors;

(i) inspect for the proper color of lights;

(j) inspect tires for wear, damage, and proper inflation;

(k) inspect body and fenders;

(l) inspect battery and electrical wiring;

(m) inspect exhaust system; and

(n) inspect master cylinder.

(4) The inspector shall examine the vehicle's suspension and undercarriage by completing the following tasks:

(a) inspect wheel bearings;

(b) inspect shock absorbers;

(d) inspect the fuel system.

(5) The inspector shall examine the vehicle's braking system by completing the following tasks:

(a) inspect for loose or missing lug nuts;

(b) inspect wheel spokes;

(d) inspect pads or shoes;

(e) inspect rotors or drums;

(f) record the brake measurements using the online inspection program or on the paper inspection certificate if not using the online program;

(g) inspect for fluid leaks; and

(h) inspect brake hoses.

(5) The following procedures apply when a vehicle fails the safety inspection and the inspector is using a paper inspection certificate:

(a) the inspector shall complete a full vehicle inspection even after a reject item is found;

(b) if a vehicle fails an inspection and no repairs are immediately made at that station, then the inspector shall give the customer a rejection inspection certificate;

(d) a customer with a rejected vehicle has up to 15 calendar days to complete all repairs and return to the same station to verify repairs at no charge;

(i) customers may contact the division to request a waiver of additional fees if they exceed 15 days for circumstances beyond their control, such as backordered parts;

(e) the inspector shall return the State Tax Commission and owner copies to the division within 45 days of the inspection date for rejected vehicles that fail to return to the inspecting station;

(f) the inspector shall document any item rejected and repaired during an inspection as repaired on the inspection certificate;

(g) any inspector at a station may verify repairs of rejected items;

(h) if all rejected items have been repaired, the verifying inspector shall sign the safety inspection certificate; and

(6) The following procedures apply when a vehicle fails the safety inspection and the inspector is using an online inspection certificate:

(a) if all rejected items have been repaired, the verifying inspector shall sign the safety inspection certificate;

(b) if no repairs are made, the inspector shall print the rejection inspection certification and give it to the customer;

(d) a customer with a rejected vehicle has up to 15 calendar days to complete all repairs and return to any station that conducts online inspections to verify repairs at no additional vehicle inspection charge;

(i) customers may contact the division to request a waiver of additional fees if they exceed 15 days for circumstances beyond their control, such as back ordered parts;

(e) the inspector shall document any item rejected and repaired during an inspection as repaired on the inspection certificate; and

(f) any inspector at a facility may certify repairs made to rejected items.

(7) The following procedures apply when a vehicle passes the safety inspection and the inspector is using a paper inspection certificate:

(a) the inspector performing the inspection shall sign the vehicle inspection certificate; and

(b) the customer shall be given the State Tax Commission and owner copies of the inspection certificate.

(8) The following procedures apply when a vehicle passes the safety inspection and the inspector is using an online inspection certificate:

(a) the inspector shall print the vehicle inspection certificate and give it to the customer; and

(b) the inspector performing the inspection shall sign the printed inspection certificate prior to giving it t o the customer.

(9) The following inspection report procedures apply when the inspector is using a paper inspection certificate:

(a) the report forms shall include the following information:

(i) date the inspection was completed;

(ii) owner's name;

(iii) year and make of the vehicle;

(iv) vehicle identification number;

(v) appropriate notation in any of the repair columns;

(vi) total cost of the repair, including the inspection fee; and

(vii) inspection certificate or sticker number;

(b) inspection certificate or sticker numbers of paper books shall be listed in numerical order starting with the lowest number and listed in groups of 25;

(d) duplicate inspection certificates or stickers shall be noted as "duplicate" on the report form;

(e) lost or stolen inspection certificates or stickers shall be listed as "lost or stol en" on the report form;

(g) rejected vehicles that have not returned within 15 days to the original station shall be included in the report, and the words "rejected," printed on the same line as the rejected certificate is listed;

(h) failure to submit the required reports may result in suspension or revocation of a permit; and

(i) the inspector shall return the State Tax Commission and owner copies to the division within 45 days of the original inspection date for rejected vehicles that fail to return for re-inspection.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-7 Registration

(1) When reviewing registration papers of a vehicle, the inspector shall:

(a) check the vehicle registration certificate, vehicle identification number, license plate, and vehicle description for agreement;

(b) enter the manufacturer's vehicle identification number and license plate number into the online program or record on the safety inspection certificate if not using the online program;

(d) issue a rejection inspection certificate when:

(i) the registration certificate, vehicle identification number, license plate, and vehicle description are not in agreement; or

(ii) the vehicle identification number is missing or obscured.

(2) The inspector shall examine the vehicle's license plate and comply with the following requirements:

(a) if the vehicle is registered, verify the license plate is securely mounted and clearly visible; and

(b) advise the customer when the license plate:

(i) is not securely fastened to the rear of the vehicle, in a horizontal position, not less than 12 inches from the ground when measured from the bottom of the license plate;

(ii) is not located in a clearly visible position; or

(iii) is covered with foreign material or otherwise not clearly legible.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-8 Tires and Wheels

(1) When examining the tires and wheels of a vehicle, the inspector shall:

(a) check the wheel bolts; and

(i) issue a rejection inspection certificate when wheel bolts or nuts are loose, missing, or damaged;

(b) check the wheels for damage; and

(i) issue a rejection inspection certificate when:

(A) any part of the wheel is bent, out of round, cracked, re-welded, or if any spokes are missing, loose, or broken; or

(B) a wheel is not centered on the axle or wobbles in excess of 3/16 inch at three equally spaced intervals around the circumference of the tire;

(i) issue a rejection inspection certificate when the wheel bearing play exceeds the manufacturer's recommended tolerances;

(d) check the tire tread depth, which may not be measured on the tread wear bar; and

(i) issue a rejection inspection certificate when:

(A) any tread wear indicator contacts the ground; or

(B) the tread depth is less than 2/32 when measured in any two adjacent major tread grooves at any location around the circumference of the tire;

(e) check the tire's condition; and

(i) issue a rejection inspection certificate when:

(A) a tire has any damage including cuts, weather cracks, or cords that are exposed; or

(B) a tire is worn to the extent secondary rubber is exposed in the tread or sidewall area;

(f) check the tires for bumps or bulges; and

(i) issue a rejection inspection certificate when a tire has visible bumps or bulges indicating partial failure or separation of the tire;

(g) check for tires that are re-grooved, re-cut, or labeled "not for highway use"; and

(i) issue a rejection inspection certificate when a tire has been re-grooved, re-cut, or is marked for other than highway use; and

(h) check the valve stems;

(i) issue a rejection inspection certificate when:

(A) the rubber stems are cracked or cut; or

(B) a metal stem lock nut is missing; and

(i) check the tire pressure with tire pressure gauge; and

(i) issue a rejection inspection certificate when tires are flat, have noticeable air leak, or are inflated to less than 50% of the vehicle manufacturer's recommended tire pressure.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-9 Steering

(1) When inspecting the steering system of a vehicle, the inspector shall:

(a) check the steering head bearing and front forks; and

(i) issue a rejection inspection certificate when:

(A) the steering head bearing adjustment does not meet the manufacturer's recommended torque value maximum for turning; or

(B) there is detectable play or roughness within the steering head bearings;

(b) check the rear wheel centerline; and

(i) issue a rejection inspection certificate when the rear wheel does not track within one 1/2 inch of the front wheel;

(c) check the handlebar for proper construction and determine if it is constructed of at least .060 inch thick metal tubing; and

(i) issue a rejection inspection certificate when:

(A) cracks, deformation, or improper alignment are found;

(B) handlebars are loose or not secure;

(D) the throttle grip is broken or missing; or

(E) handlebars are not constructed of at least .060 inch thick metal tubing; and

(d) check front forks for looseness, binding, and leakage; and

(i) issue a rejection inspection certificate when forks are loose, or there is evidence of binding or leakage.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-10 Brakes

(1) When inspecting the braking system of a vehicle, the inspector shall:

(a) check to ensure the vehicle is equipped with front and rear brakes; and

(i) issue a rejection inspection certificate when:

(A) any brake fails to produce adequate braking; or

(B) the vehicle is missing the front or rear brake;

(I) a vintage vehicle is only required to have one operational brake if OEM;

(b) check hand levers and foot pedals; and

(i) issue a rejection inspection certificate when:

(A) a hand lever is broken or sufficient leverage cannot be applied;

(B) a hand lever or foot pedal is improperly positioned, misaligned, or does not return freely;

(C) modifications made to the hand levers or foot pedal make a hand lever or foot pedal inaccessible for adequate leverage and safe operation; or

(D) a hand lever or foot pedal is rusted, frozen, or inoperative;

(i) issue a rejection inspection certificate when:

(A) brake adjusters are unable to be locked;

(B) the brake adjustment changes when the fork is extended;

(D) the cam-operating lever has been repositioned on the shaft to avoid replacing a worn cam, worn shoes, or worn lining;

(E) there is binding in linkage or components;

(F) there is wear in the cam or if springs are not strong enough to return and hold shoes against cam; or

(G) any brake component is missing or broken;

(d) check springs, cables, cotter pins, devices, couplings, and grease retainers; and

(i) issue a rejection inspection certificate when:

(A) cables are frayed, broken, or pinched during normal operation;

(B) cotter pins are missing or broken;

(D) grease retainers are leaking;

(e) check the hydraulic hoses and tubing for leaks, cracks, chafing, flattened, or restricted sections; and

(i) issue a rejection inspection certificate when:

(A) hoses or tubing leak;

(B) hoses are cracked or chafed exposing metal or fabric cord;

(D) hoses and tubes are not securely fastened;

(E) the master cylinder leaks or the fluid level is lower than the manufacturer's specifications; or

(F) leakage is found anywhere in the braking system or wheel cylinder;

(f) check the brake lining for contamination and wear, which must be replaced once it has been contaminated;

(g) check the wear indicator or adjustment indicator arrows on vehicle with an enclosed rear drum; and

(i) issue a rejection inspection certificate when:

(A) linings are contaminated with oil, grease, or brake fluid;

(B) the thinnest point of the lining measures 1/32 inch or less or the pads are worn to the wear indicators; or

(h) check the vehicles brake drums for external cracks, mechanical damage, or wear beyond manufacturer's specifications; and

(i) issue a rejection inspection certificate when:

(A) there are external cracks or evidence of mechanical damage; or

(B) the brake drum is worn beyond the manufacturer's specifications; and

(i) check rotors and friction surface for mechanical damage, contamination, or wear beyond manufacturer's specifications; and

(i) issue a rejection inspection certificate when:

(A) a crack extends to the edge of rotor or there is evidence of mechanical damage;

(B) the friction surface is contaminated; or

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-11 Lighting

(1) When inspecting the lighting system of a vehicle, the inspector shall:

(a) check for proper headlamp equipment and proper functioning; and

(i) issue a rejection inspection certificate when:

(A) the headlamp is not marked USDOT approved, unless it is a vintage vehicle that was manufactured prior to USDOT markings;

(B) the headlamp minimum height is less than 22 inches or more than 54 inches to the center of the low beam;

(D) the headlamp fails to light or the headlamp switch fails to function;

(E) a non-clear headlamp covering is placed on or in front of any headlamp;

(F) the headlamp is tinted, colored, or painted;

(G) the vehicle has no headlamp or more than two headlamps;

(H) lenses are patched, taped, or covered with any foreign substance, unless it is patched with another automotive lens piece, is glued on, and is permanent; or

(I) the headlamp is a pulsating headlight that is not USDOT approved;

(b) check the headlamp aiming on both the high and low beams; and

(i) issue a rejection inspection certificate when the low or high beam is out of adjustment;

(c) check the turn signal operation for proper functioning as designed by OEM, if the vehicle was originally equipped with turn signals; and

(i) issue a rejection inspection certificate when:

(A) a turn signal is missing and the motorcycle was manufactured after January 1, 1973;

(B) a turn signal fails to function properly;

(C) a turn signal lamp is not the correct color, which must be amber on the front of the vehicle and red or amber in the rear of the vehicle; or

(D) there is any cover over the lens;

(d) check the stop lamp for proper functioning; and

(i) issue a rejection inspection certificate when:

(A) a stop lamp on a vehicle manufactured after January 1, 1969 fails to operate when the front or rear brakes are applied;

(B) a stop lamp on a vehicle manufactured before January 1, 1969 fails to operate when the service, or foot brake, is applied;

(D) a stop lamp is painted or is covered by any non-clear lens cover or material;

(E) a stop lamp has a blue dot taillight; or

(F) a stop lamp bulb or lens is tinted or covered with any material that impairs the intended original performance characteristics of the light;

(e) check to ensure the stop lamp properly operates with the front brake application and separately with the application of the rear brake, if the vehicle was manufactured after January 1, 1969;

(i) vintage vehicles that were not manufactured with handlebar actuated brake lights are exempt from the requirement in Subsection R714-161-11(1)(g);

(f) check the tail lamp for proper functioning; and

(i) issue a rejection inspection certificate when:

(A) at least one of the tail lamps, covers or lenses is not the color red;

(B) the lamp is not visible from 1,000 feet; or

(C) a tail lamp bulb or lens is tinted or covered with any material that impairs the intended original performance expectations of the light;

(g) check for a rear reflector and verify it is the color red; and

(i) issue a rejection inspection certificate when the reflectors are missing or are not the color red;

(ii) when one reflector is used, the inspector shall verify that it is mounted at the rear centerline; or

(iii) when two reflectors are used, the inspector shall verify the reflectors are evenly spaced about the rear centerline; and

(h) check for driving light operation; and

(i) issue a rejection inspection certificate when:

(A) the headlamps or driving lamps are not properly aimed; or

(B) the headlamps are any improper color, painted, or are covered by any non-clear lens cover or material.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-12 Electrical System

(1) When inspecting the electrical system of a vehicle, the inspector shall:

(a) check for proper operation of the horn, which must be audible for at least 200 feet; and

(i) issue a rejection inspection certificate when:

(A) the horn is missing, loose, fails to function, or is not electrical;

(B) the horn button is not easily accessible; or

(b) check for proper functioning of switches, including the headlight high and low switch, engine kill switch, turn signal switch, and brake light; and

(i) issue a rejection inspection certificate when any required switch is broken, missing, or fails to function properly;

(i) issue a rejection inspection certificate when the insulation is worn, bare wires are exposed, or wires show evidence of short circuiting or are inadequate to operate items properly; and

(d) check for loose connections and proper functioning in the vehicle's wiring connections; and

(i) issue a rejection inspection certificate when connections are loose, corroded, or fail to function properly.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-13 Windshield

(1) When inspecting the windshield of a vehicle, the inspector shall:

(a) check the windshield, if equipped, for cracks, scratches, discoloration, obstruction, light transmittance, and ensure it is an approved type of windshield;

(b) check the tint of the wind deflector to ensure it does not interfere with the driver's vision; and

(i) the driver's vision is obscured due to cracks, scratches, or discoloration;

(ii) the windshield is not an approved type;

(iii) a stiffener device is mounted in the line of vision; or

(iv) there is less than 70% light transmittance.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-14 Frame and Body

(1) When inspecting the body of a vehicle, the inspector shall:

(a) check the frame for welds, cracks, or structural damage; and

(i) issue a rejection inspection certificate when there are welds, cracks, or structural damage that constitute a hazard;

(b) check the fenders for proper mounting, cracks, breaks, bends, and sharp edges; and

(i) issue a rejection inspection certificate when fenders are missing, improperly mounted, cracked, bent or have sharp edges;

(d) verify the rear fender covers the top half of the tire;

(e) check the chain, sprocket, or belt protective guards for proper operation; and

(i) advise the customer when chain or belt guard is missing, broken, or cracked; or

(ii) issue a rejection inspection certificate when:

(A) the chain is worn beyond manufacturer's specification;

(B) the sprocket is worn beyond manufacturer's specification; or

(f) check the seat for proper attachment;

(g) check the seat's locking device and determine if it functions properly; and

(i) issue a rejection inspection certificate when:

(A) the seat is not properly and securely attached; or

(B) the locking device fails to function properly;

(h) if the seat is designed for two people, check the seat area for hand holds to ensure the hand holds are properly attached and of sufficient strength and size to adequately support 200 pounds; and

(i) issue a rejection inspection certificate when a hand hold is not present, when required, or when it is not of sufficient strength and size to adequately support 200 pounds;

(i) check the foot rests on a vehicle that has a seat designed for two people; and

(i) issue a rejection inspection certificate when foot rests are not present, when required;

(j) check the frame and mounting brackets on the engine; and

(i) issue a rejection inspection certificate when the engine mounts or brackets are cracked or broken;

(k) check the vehicle stand for proper operation; and

(i) issue a rejection inspection certificate when:

(A) the stand fails to hold the vehicle in an up-right position;

(B) the stand fails to stay in the stored position or is secured by wire or other methods; or

(l) check the left side mirror; and

(i) issue a rejection inspection certificate when:

(A) the left side mirror is missing; or

(B) the left side mirror is broken, cracked, or otherwise damaged to the point rearward vision is obscured.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-15 Suspension

(1) When inspecting the swing arm bushing of a vehicle, the inspector shall:

(a) check the swing arm bushing and suspension, which must be adjusted according to the manufacturer's tolerances; and

(i) issue a rejection inspection certificate when the swing arm bushing is worn beyond the manufacturer's recommended specifications.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-16 Exhaust System

(1) When inspecting the exhaust system of a vehicle, the inspector shall:

(a) check the exhaust system for proper operation; and

(i) advise the customer when joints are loose, broken, or if any leakage exists; or

(ii) issue a rejection inspection certificate when:

(A) components are not properly mounted or supporting brackets are not secure;

(B) the muffler has been removed or is not functioning properly;

(D) the exhaust system has been changed or modified and is not as effective as OEM specifications.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-17 Fuel System

(1) When inspecting the fuel system of a vehicle, the inspector shall:

(a) check the fuel system for any leaks and ensure it is secure;

(b) check to ensure the gas tank meets OEM specifications;

(d) issue a rejection inspection certificate when:

(i) any part of the fuel system is not securely fastened;

(ii) there is leakage at any point in the fuel system; or

(iii) the gas tank is not properly capped or does not meet OEM specifications.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-161-18 Off-Highway Motorcycle

(1) An off-highway motorcycle may be inspected provided that it has been modified to be street legal.

(2) An off-highway motorcycle that has been modified to be street legal is subject to the same vehicle standards in this Rule.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: September 27, 2016
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

R714-162 Equipment Standards for Heavy Motor Vehicle, Trailer and Bus Safety Inspections

Utah Admin. Code R714-162-1 Authority

This rule is authorized by Subsections 53-8-204(5) and 41-6a-1601(2).

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-2 Purpose

The purpose of this rule is to set minimum equipment standards governing heavy motor vehicle, trailer, and bus safety inspections in accordance with Sections 53-8-204 and 41-6a-1601.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-3 Definitions

(1) Terms used in this rule are found in Sections 41-1a-102, 41-6a-102, and 49 C.F.R. 571, et seq.

(2) In addition:

(a) "acute area" means the area extending upward from the height of the top of the steering wheel, excluding a 2 inch border at the top of the windshield, and a 1 inch border at each side of the windshield or windshield panel;

(b) "CNG" means compressed natural gas;

(c) "heavy motor vehicle" means any vehicle with a gross vehicle weight rating of 26,001 pounds or more, machine, tractor, trailer, or semi-trailer, propelled or drawn by mechanized power that transports passengers or property, or any combination thereof;

(d) "division" means the Vehicle Safety Inspection section of the Utah Highway Patrol;

(e) "fuel system" means the fuel tank, the fuel pump, and the necessary piping to carry the tank to the carburetor or injection system;

(f) "inspector" means a person employed by a station licensed to conduct safety inspections;

(g) "online inspection certificate" means an inspection certificate created electronically through the Vehicle Safety Inspection System;

(h) "online inspection program" means the web-based inspection program used to record safety inspections;

(i) "OEM" means original equipment manufacturer; and

(j) "paper inspection certificate" means an inspection certificate created by paper form.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-4 Incorporation of Federal Motor Vehicle Safety Standards

This rule incorporates by reference the standards found in 49 CFR Parts 393, 396, and 396 Appendix G as the minimum standards a motor vehicle must meet to pass a safety inspection under this rule.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-5 Applicability of Rule

This rule applies to all heavy motor vehicles, trailers, and buses.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-6 Inspection Procedures

(1) The inspector shall complete the following tasks prior to inspecting the vehicle:

(a) collect appropriate registration paperwork;

(i) _a vehicle may be inspected without registration paperwork;

(b) verify the Vehicle Identification Number;

(d) record the vehicle mileage;

(e) remove the old inspection sticker; and

(f) enter the inspection date and inspector number if using a paper inspection certificate.

(2) The inspector shall examine the vehicle's interior by completing the following tasks:

(a) inspect the windshield;

(b) inspect the required mirrors for adequate visibility;

(d) inspect the steering system;

(e) inspect for play in the brake pedal;

(f) inspect the emergency brake for proper operation;

(g) inspect the horn;

(h) inspect the windshield wiper and washer; and

(i) inspect heater and defroster.

(3) The inspector shall examine the vehicle's exterior by completing the following tasks:

(a) inspect high and low beam headlights;

(b) inspect headlights for proper aim;

(d) inspect the light for proper color;

(e) inspect the tires for proper inflation, wear, and damage;

(f) inspect the body, fenders, door, hood latches, and bumpers;

(g) inspect for broken glass; and

(h) inspect the window tinting by measuring the light transmittance on the front side windows and windshield.

(4) The inspector shall examine items under the vehicle's hood by completing the following tasks:

(a) inspect belts;

(b) inspect hoses;

(d) inspect wiring;

(e) inspect the exhaust manifold;

(f) inspect the master cylinder;

(g) inspect for fuel leaks; and

(h) inspect the air compressor.

(5) The inspector shall examine the vehicle's suspension and undercarriage by completing the following tasks:

(a) inspect wheel bearings;

(b) inspect ball joints;

(d) inspect idler arms;

(e) inspect shock absorbers;

(f) inspect springs;

(g) inspect the exhaust system;

(h) inspect floor pans; and

(i) inspect fuel system lines.

(6) The inspector shall examine the braking system by completing the following tasks:

(a) inspect for loose or missing lug nuts;

(b) inspect for cracked wheels;

(d) inspect rotors or drums;

(e) record the brake measurements on the safety inspection sticker report;

(f) inspect for fluid leaks; and

(g) inspect brake hoses.

(7) If the vehicle passes inspection, the inspector shall:

(a) sign the sticker report; and

(b) apply the new sticker to the inspected vehicle.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-7 Registration

(1) When reviewing the vehicle registration papers, the inspector shall:

(a) check the vehicle registration certificate, vehicle identification number, license plates, and vehicle description for agreement;

(b) enter the manufacturer's vehicle identification number and license plate number into the online program or record on the safety inspection certificate if not using the online program;

(d) issue a rejection inspection certificate when:

(i) the registration certificate, vehicle identification number, license plate, and vehicle description are not in agreement; or

(ii) the vehicle identification number is missing or obscured.

(e) Verify the vehicle identification number on the registration or other documents with the number on the vehicle. (2) The inspector shall examine the vehicle's license plates and comply with the following requirements:

(a) if the vehicle is registered, verify the license plates are securely mounted and clearly visible;

(b) check to ensure the Utah Apportioned plate is properly mounted; and

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-8 Tires and Wheels

(1) When examining the tire and wheels of a vehicle, the inspector shall:

(a) check the vehicle for proper mudguard protection, which must be at least as wide as the tire it is protecting, be directly in line with the tire, and maintain a ground clearance of not more than 50% of the diameter of a rear axle wheel under any conditions; and

(i) issue a rejection inspection certificate when:

(A) tire tread is not fully covered by the body, trailer, or fender;

(B) rear tires do not have the top 50% of the tire covered by mudflaps; or

(ii) Wheel covers, mudguards, flaps, or splash aprons are not required if the motor vehicle, trailer, or semi-trailer is designed and constructed to meet the requirements in Subsection R714-162-8(1)(a).

(b) check for proper tire width, size, and load rating; and

(i) issue a rejection inspection certificate when:

(A) a tire's width is beyond the outside of the vehicle body; or

(B) a tire is not of proper size and load rating per axle as determined by OEM specifications;

(i) issue a rejection inspection certificate when:

(A) a valve stem is cracked, damaged, or shows evidence of wear because of misalignment;

(d) check the rims; and

(i) issue a rejection inspection certificate when:

(A) rims and rings are mismatched;

(B) a ring shows evidence of slippage, rust, or damage;

(D) there is slippage on Louisville or Dayton type wheels;

(E) wheel nuts, studs, or clamps are loose, broken, damaged, missing, mismatched, cracked, stripped, have improper thread engagement, or otherwise ineffective;

(F) wheel rings, disc, spoke, or rim type wheels show any evidence of having been repaired or re-welded;

(G) stud holes are out of round or elongated;

(H) there are cracks between the hand holes or the stud holes in the disc; or

(I) wheel casting is cracked or there is evidence of wear in the clamping area; and

(e) check the wheel welds; and

(i) issue a rejection inspection certificate when:

(A) there are any cracks in welds attaching wheel disc to rim;

(B) there are any cracks in welds attaching tubeless demountable rim to the adapter;

(D) there are any welded repairs other than disc to rim attachment on steel disc wheels mounted on the steering axle.

(2) When examining the front steering axle tires of a vehicle, the inspector shall:

(a) check tire tread depth, which may not be measured on the tread wear bar; and

(i) issue a rejection inspection certificate when tread depth is less than 4/32 inch on steering axle tires when measured in any two adjacent major tread grooves at three equally spaced intervals around the circumference of the tire; and

(b) check tire condition and inflation; and

(i) issue a rejection inspection certificate when:

(A) a tire is cut or otherwise damaged, exposing body ply or belt material through the tread or sidewall;

(B) a tire has any tread or sidewall separation;

(D) a tire is a tube-type radial tire without radial tube stem markings, which include a red band around the tube stem, the word "radial" embossed in metal stems, or the word "radial" molded in rubber stems;

(E) there is mixing of bias and radial tires on the same axle;

(F) a tire flap protrudes through the valve slot in rim and touches the stem;

(G) There are re-grooved tires on the steering axle;

(H) a tire has a boot, blowout patch, or other ply repairs;

(I) the weight carried exceeds the tire load limit, including an overloaded tire resulting from low air pressure;

(J) a tire is flat, has noticeable leak, or is inflated to less than 50% of the vehicle manufacturer's recommended tire pressure;

(K) a tire is mounted or inflated so that it comes in contact with any part of the vehicle;

(L) a tire is over inflated;

(M) a tire is worn to the extent secondary rubber is exposed in the tread or sidewall area; or

(N) if the vehicle is a bus and is equipped with a re-capped or re-treaded tire.

(3) When examining tires other than the front steering axle tires of a vehicle, the inspector shall:

(a) check the tire tread depth, which may not be measured on the tread wear bar; and

(i) issue a rejection inspection certificate when tread depth is less than 2/32 inch in any two adjacent major tread grooves at three equally spaced intervals around the circumference of the tire; and

(b) check the tire condition and inflation; and

(i) issue a rejection inspection certificate when:

(A) the weight carried exceeds the tire load limit, including an overloaded tire resulting from low air pressure;

(B) a tire is flat, has noticeable leak, or is inflated to less than 50% of the vehicle manufacturer's recommended tire pressure;

(D) a tire has any tread or sidewall separation;

(E) a tire is mounted or inflated so that it comes in contact with any part of the vehicle, including a tire that contacts its mate;

(F) a tire is labeled for other than highway use or displays other markings that would exclude its use; or

(G) a tire is worn to the extent secondary rubber is exposed in the tread or sidewall area.

(4) When examining the dual tires of a vehicle, if equipped, the inspector shall:

(a) check for mismatching of tire construction, such as radial and bias, sizes, and wear on any set of duals; and

(i) issue a rejection inspection certificate when:

(A) the tire diameter of one of the duals is not within 1/4 inch of the other on 8.25-20 and smaller, or 1/2 inch on 9.00-20 and larger;

(B) the dual tires are in contact with any part of vehicle body or adjacent tire; or

(C) a tire has a boot, blowout patch, or other ply repairs that are sub-standard and not identified by a triangular label in the immediate vicinity.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-9 Steering Alignment and Suspension

(1) When examining the steering system of a vehicle, the inspector shall:

(a) check the steering wheel for excessive play, which must be checked with the engine running on vehicles with power steering; and

(i) issue a rejection inspection certificate when:

(A) steering wheel lash on a 16 inch diameter steering wheel exceeds 2 inches for manual steering or 4-1/2 inches for power steering;

(B) the steering wheel lash on an 18 inch diameter steering wheel exceeds 2-1/4 inches for manual steering or 4-3/4 inches for power steering;

(C) the steering wheel lash on a 19 inch diameter steering wheel exceeds 2-3/8 inches for manual steering or 5 inches for power steering;

(D) the steering wheel lash on a 20 inch diameter steering wheel exceeds 2-1/2 inches for manual steering or 5-1/4 inches for power steering;

(E) the Steering wheel lash on a 21 inch diameter steering wheel exceeds 2-5/8 inches for manual steering or 5-1/2 inches for power steering; or

(F) the steering wheel lash on a 22 inch diameter steering wheel exceeds 2-3/4 inches for manual steering or 5-3/4 inches for power steering;

(b)(i) check:

(A) the steering column for proper functioning;

(B) flexible coupling in the steering column, if equipped, for misalignment and tightness of t he adjusting screw or nut;

(D) for worn, faulty, or welded repairs of universal joints; and

(E) for a loose or improperly secured steering wheel; and

(ii) Issue a rejection inspection certificate when:

(A) flexible coupling is obviously misaligned;

(B) a clamp bolt or nut is loose or missing;

(C) there is separation of the shear capsule from bracket and general looseness of wheel and column, or if the wheel and column can be moved as a unit;

(D) an adjustable steering wheel or tilt steering cannot be secured in a safe operating position, or if there is 3/4 inch or more movement at the center of the steering wheel when locked in the operating position;

(E) there is any absence or looseness of a U-bolt or positioning part;

(F) there are worn, faulty, or welded repairs to universal joints; or

(G) the steering wheel is not properly secured, is cracked, or has spokes missing;

(i) issue a rejection inspection certificate when the steering wheel is less than 13 inches in outside diameter or is not a full circular construction;

(d) check the front axle beam for defects, cracks, and welded repairs; and

(i) issue a rejection inspection certificate when:

(A) a kingpin is worn and shows excessive movement;

(B) there are cracks, welds, or any bends; or

(e) check the steering gear box for proper functioning; and

(i) issue a rejection inspection certificate when:

(A) a bolt is loose or missing at the frame or mounting brackets;

(B) there are cracks in the gear box or mounting brackets; or

(f) check the pitman arm; and

(i) issue a rejection inspection certificate when:

(A) there is any looseness of the pitman arm on the steering gear output shaft; or

(B) there are any welded repairs;

(g)(i) check:

(A) the auxiliary power assist cylinder for looseness, if the vehicle is equipped with power steering;

(B) the power steering belts for proper condition and tension, if the vehicle is equipped with power steering;

(C) the power steering system, including gear, hoses, hose connections, cylinders, valves, pump, and pump mounting for condition, rubbing, and leaks, if the vehicle is equipped with power steering; and

(D) the power steering reservoir for fluid level below OEM specifications, if the vehicle is equipped with power steering; and

(ii) issue a rejection inspection certificate when:

(A) the auxiliary power assist cylinder is loose;

(B) a power steering belt is frayed or cracked and tension is not maintained;

(D) any cylinder, valve, or pump shows evidence of leakage;

(E) a pump mounting part is loose or broken;

(F) the power steering system is inoperative, if the vehicle is equipped with power steering; or

(G) the power steering fluid level is below OEM specifications;

(h)(i) check ball and socket joints for any:

(A) movement under the steering load of a stud nut; or

(B) motion, other than rotational, between any linkage member and its attachment point of more than 1/8 inch; and

(ii) issue a rejection inspection certificate when there is any:

(A) movement under steering load of a stud nut; or

(B) motion, other than rotational, between any linkage member and its attachment point of more than 1/8 inch measured with hand pressure only;

(i)(i) check:

(A) tie rods and drag links for a loose clamp or clamp bolt; and

(B) for loose or missing nuts on tie rods, pitman arm, drag link, steering arm, or tie rod arm ; and

(ii) advise the owner when:

(A) tie rod grease seals are cut, torn, or otherwise damaged to the extent that lubricant will not be retained; and

(iii) issue a rejection inspection certificate when:

(A) there is a loose or missing clamp or bolt;

(B) there are worn tie rod ends;

(D) looseness is detected in a threaded joint;

(j) check for any modifications or other condition that may interfere with free movement of any steering component; and

(i) issue a rejection inspection certificate when:

(A) any modification or other condition interferes with free movement of any steering component; and

(k) check the steering linkage, kingpin, and springs and ensure that any looseness detected is not wheel bearing free play by applying service brakes during the inspection; and

(i) issue a rejection inspection certificate when:

(A) wheel bearing free play exceeds OEM specifications; or

(B) kingpin looseness exceeds OEM specifications.

(2) When examining a vehicle's leaf spring suspensions, the inspector shall:

(a) check:

(i) for cracked, broken, loose, missing, or sagging suspension springs;

(ii) spring shackles, spring center bolts, U-bolts, clips, and other attaching parts; and

(iii) for any U-bolts, spring hangers, or other axle positioning parts that are cracked, broken, loose, or missing; and

(b) issue a rejection inspection certificate when:

(i) springs are cracked, broken, loose, missing, separated, or sagging;

(ii) spring attaching parts are cracked, broken, loosely connected, missing, worn, or sagging;

(iii) one or more leaves are displaced in a manner that could result in contact with a tire, rim, brake drum, or frame;

(iv) an improper spring size and rating is utilized and does not meet or exceed OEM specifications; or

(v) U-bolts, spring hangers, or other axle positioning parts are cracked, broken, loose, or missing resulting.

(3) When examining all other suspension mechanisms of the vehicle, the inspector shall:

(a) check:

(i) shock absorbers;

(ii) coil springs;

(iii) torsion bar spring in a torsion bar suspension; and

(iv) air suspension; and

(d) issue a rejection inspection certificate when:

(i) rubber bushings are destroyed or missing;

(ii) a mounting is loose, broken, or missing;

(iii) shock absorbers are missing or disconnected;

(iv) shock absorbers are leaking;

(v) coil springs are broken or missing;

(vi) torsion bar spring is broken;

(vii) air suspension is deflated, indicating a system failure;

(vii) any component is the improper size or rating; or

(ix) any component is leaking, cracked, misaligned or broken.

(4) When examining the following items related to the vehicle's torque, radius, and tracking components, the inspector shall:

(a) check all torque, radius, and tracking components for proper operation; and

(b) issue a rejection inspection certificate when any part of a torque, radius, or tracking component assembly, or any part used for attaching the same to the vehicle frame or axle is cracked, loose, broken, or missing, except when it is a loose bushing in the torque or track rods.

(5) When examining a vehicle's wheel tracking, the inspector shall:

(a) check wheel tracking with the front wheels in a straight-ahead position, measure the distance between the center of the front wheels to the center of the rear wheels, and compare the dimensions on the right side against the dimensions on the left side; and

(b) issue a rejection inspection certificate when the dimensions between wheel centers on one side differ from the dimensions on the other side by more than one inch.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-10 Coupling Devices

(1) When examining a fifth wheel coupling device, the inspector shall:

(a) check the mounting to frame; and

(i) issue a rejection inspection certificate when:

(A) a fastener is missing or ineffective;

(B) any movement between mounting components is detected; or

(b) check mounting plates and pivot brackets; and

(i) issue a rejection inspection certificate when:

(A) a fastener is missing or ineffective;

(B) any cracks in welds or parent metal are detected;

(D) a pivot bracket pin is missing or not secured;

(i) issue a rejection inspection certificate when:

(A) a latching fastener is missing or ineffective;

(B) a fore or aft stop is missing or is not securely attached;

(D) a slider component is cracked in the parent metal or weld;

(d) check the lower coupler; and

(i) issue a rejection inspection certificate when:

(A) horizontal movement between the upper and lower fifth wheel halves exceeds 1/2 inch;

(B) the operating handle is not in a closed or locked position;

(D) separation between upper and lower coupler allows light to show through from side to side;

(E) a crack is detected in the fifth wheel plate, unless it is a crack in the fifth wheel approach ramps or a casting shrinkage crack in the ribs of the body of a cast fifth wheel; or

(F) a locking mechanism part is missing, broken, or deformed to the extent the kingpin is not securely held.

(2) When examining a pintle hooks coupling device, the inspector shall:

(a) check the pintle hooks for proper mounting to the frame; and

(i) issue a rejection inspection certificate when:

(A) there is a missing or ineffective fastener, except a fastener is not considered missing if there is an empty hole in the device but no corresponding hole in the frame or vice versa;

(B) a mounting surface crack extends from point of attachment;

(D) the frame cross member providing the pintle hook attachment is cracked;

(E) a crack is discovered anywhere in the pintle hook assembly;

(F) any welded repairs have been made to the pintle hook;

(G) any part of the horn section has been reduced by more than 20%; or

(H) the pintle hook latch is not secure.

(3) When examining a drawbar or tow-bar eye coupling device, the inspector shall:

(a) check the drawbar or tow-bar eye for proper mounting; and

(i) issue a rejection inspection certificate when:

(A) a crack in an attachment weld is present;

(B) a missing or ineffective fastener is present;

(D) any part of the eye is reduced by more than 20%.

(4) When examining a drawbar or tow-bar tongue coupling device, the inspector shall:

(a) check the drawbar or tow-bar tongue on a power or manual slider for proper operation; and

(i) issue a rejection inspection certificate when:

(A) the latching mechanism is ineffective or disconnected;

(B) a stop is missing or ineffective;

(D) there is a leak, other than normal oil weeping around the hydraulic seals, including air, hydraulic cylinders, hoses, or chambers; and

(b) check for cracks and movement of 1/4 inch between the slider and housing; and

(i) issue a rejection inspection certificate when:

(A) a crack is discovered; or

(B) there is movement of 1/4 inch or more between sub-frame and drawbar at point of attachment.

(5) When examining all coupling safety devices, the inspector shall:

(a) check for:

(i) missing safety devices such as chains, metal wire, and rope;

(ii) safety devices that are unattached or incapable of secure attachment;

(iii) worn chains and hooks; and

(iv) kinked or broken cable strands and improper clamps or clamping;

(b) issue a rejection inspection certificate when:

(i) a safety device is missing;

(ii) a safety device is unattached;

(iii) a safety device is incapable of secure attachment;

(iv) a chain and hook are worn to the extent of a measurable reduction in link cross section;

(v) improper repairs are evident such as welding, wire, small bolts, rope, or tape;

(vi) a cable is kinked or has broken cable strands; or

(vii) a cable has improper clamps or clamping; and

(i) issue a rejection inspection certificate when:

(A) a fastener is missing or ineffective;

(B) a mounting is loose;

(D) horizontal movement between upper and lower saddle-mounts exceeds 1/4 inch.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-11 Brakes

(1) When examining the brake system of a vehicle, the inspector shall:

(a) check to ensure that the vehicle is installed with the required brakes;

(b) check the service brakes for proper operation;

(c) check for broken, missing, or loose components, brake lining air leaks in the brake chambers, brake readjustment limits, mismatch across the steering axle of air chamber sizes, and slack adjuster length;

(d) check wedge brakes for movement on the scribe that exceeds 1/16 inch; and

(e) issue a rejection inspection certificate when:

(i) there is absence of any braking action on any axle required to have brakes upon application of the service brakes such as missing brakes or brake shoes, failing to move upon application of a wedge, S-cam, cam, or disc brake;

(ii) there are missing or broken mechanical components such as shoes, linings, pads, springs, anchor pins, spiders, cam rollers, push rods, or air chamber mounting bolts;

(iii) a brake lining is contaminated with oil, grease, or brake fluid;

(iv) a brake lining is broken, has a crack that exceeds 1-1/2 inch in length, has a crack or void that exceeds 1/16 inch observable from the edge of the lining, or a pad or lining is not firmly attached to the shoe;

(v) there are loose brake components such as air chambers, spiders, and cam shaft support brackets;

(vi) there is an audible air leak at the brake chamber, including a ruptured diaphragm or loose chamber clamp;

(vii) a brake is beyond adjustment limits listed in tables or instructi ons in the Federal Motor Carrier Safety Regulations;

(viii) a brake lining has a thickness less than 1/4 inch at the shoe center for air drum brakes, 1/16 inch or less at the shoe center for hydraulic and electric drum brakes, and less than 1/8 inch for air disc brakes on either the steering or non-steering axles; or

(ix) there is a mismatch across any power unit steering axle of air chamber sizes or slack adjuster length;

(e) check the parking brake system; and

(i) issue a rejection inspection certificate when the brakes on the vehicle or combination are not applied upon actuation of the parking brake control, including the driveline hand controlled parking brakes;

(f) check brake drums and brake rotors for damage, wear, and contamination; and

(i) issue a rejection inspection certificate when:

(A) any portion of the brake drum or rotor has any external crack or has any crack that opens upon brake application, except for short hairline heat check cracks;

(B) any portion of the brake drum or rotor is missing or is in danger of falling away;

(D) the inside diameter of the drum measures more than the discard diameter stamped on the drum or more than OEM specifications if drum is unmarked; or

(E) the thickness of a disc is less than the minimum thickness stamped on the disc.

(f) check the brake hoses for any damage, bulges or swelling, audible leaks, and proper fittings; and

(i) issue a rejection inspection certificate when:

(A) a brake hose has any damage extending through the outer reinforcement ply;

(B) there is color difference between cover and inner tube;

(D) there are any audible air leaks;

(E) two brake hoses are improperly joined, such as a splice made by sliding the hose ends over a piece of tubing and clamping the hose to the tube; or

(F) an air hose is cracked, broken or crimped;

(g) check brake tubing for any damage, leaks, and general condition; and

(i) issue a rejection inspection certificate when:

(A) there are any audible air leaks; or

(B) any brake tubing is cracked, damaged by heat, broken, or crimped;

(h) check the low pressure warning device; and

(i) issue a rejection inspection certificate when:

(A) the low pressure warning device is missing, inoperative, does not operate at 55 PSI and below or 1/2 the governor cutout pressure, whichever is less, on a vehicle manufactured after March 1, 1975; or

(B) the vehicle does not have a visual warning device, if manufactured after March 1, 1975;

(i) check the tractor protection valve or device on the power unit; and

(i) issue a rejection inspection certificate when the tractor protection valve or device is inoperative or missing.;

(j) check air brakes and compressor for proper operation and condition; and

(i) issue a rejection inspection certificate when:

(A) compressor drive belts are in a condition of impending or probable failure;

(B) compressor mounting bolts are loose;

(D) a mounting bracket, brace, or adapter is loose, cracked, broken, or missing;

(k) check electric brakes and breakaway braking device; and

(i) issue a rejection inspection certificate when:

(A) there is absence of braking action on any wheel required to have brakes; or

(B) breakaway braking device is missing or inoperable;

(l) check hydraulic brakes, including power assist over hydraulic, engine drive hydraulic booster and dual hydraulic circuits for proper operation; and

(i) issue a rejection inspection certificate when:

(A) The master cylinder is below the add line or less than 3/4 full;

(B) there is no pedal reserve when the engine is running except by pumping the pedal;

(D) a brake hose is seeping or swelling under application of pressure;

(E) the check valve is missing or inoperative;

(F) hydraulic fluid is observed leaking from the brake system;

(G) a hydraulic hose is abraded (chafed) through the outer cover to the fabric layer;

(H) fluid lines or connections are leaking, restricted, crimped, cracked, or broken; or

(I) brake failure or low fluid warning light is on or inoperative;

(m) check the Vacuum Braking System for proper operation.

(i) issue a rejection inspection certificate when:

(A) there is insufficient vacuum reserve to permit one full brake application after the engine is shut off;

(B) a vacuum hose or line is leaking, restricted, abraded (chafed) through the outer cover to the cord ply, crimped, cracked, broken, or collapsed when vacuum is applied; or

(n) check for leaking wheel seals; and

(i) issue a rejection inspection certificate when a wheel seal is leaking.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-12 Electrical System

(1) When examining the electrical system of a vehicle, the inspector shall:

(a) check the horn to ensure it is securely fastened and works properly; and

(i) issue a rejection inspection certificate when:

(A) the horn is not securely fastened; or

(B) the horn does not function properly and is not audible under normal conditions at a distance of at least 200 feet;

(b) check to ensure all switches function properly; and

(i) advise the owner when any original equipment switch fails to function as designed;

(i) issue a rejection inspection certificate when wiring insulation is chafed, rubbed bare, or shows any evidence of burning or short-circuiting;

(d) check to ensure all electrical connectors are tight and secure; and

(i) advise the owner when connections are not tight and secure or connections are corroded;

(e) check:

(i) the neutral starting switch on an automatic transmission to determine whether the starter operates only with the gear selector in "P" or "N"; or

(ii) a manual transmission, if originally equipped with a neutral safety switch, to determine if the vehicle only starts with the clutch depressed; and

(iii) issue a rejection inspection certificate when the automatic or manual transmission safety starting switch is inoperative; and

(f) check for battery securement; and

(i) issue a rejection inspection certificate when the battery is not properly secured, or a temporary repair is present.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-13 Lighting System

(1) When examining the lighting system of a vehicle, the inspector shall:

(a) check all lights for secure mounting, proper location, and correct color; and

(i) issue a rejection inspection certificate when:

(A) a light is missing, not secured, or emitting light of improper color;

(B) a light is in wrong position or not operating;

(C) a headlight is not the color white, not properly aimed, lacks upper and lower beams, or does not measure between 22 inches and 54 inches in height when measured from the ground to the center of the low-beam headlamp;

(D) fog driving lights are not white or yellow in color or are not properly aimed or do not operate on a separate switch;

(E) a tail light or stop light is not the color red, is not present on each side at the rear of the vehicle, or is not mounted between 15 inches to 72 inches in height when measured from the ground to the center of the bulb;

(F) a turn signal light is not on each side of the vehicle front and rear, is not the color yellow or amber on the front of the vehicle, is not the color red, yellow, or amber on the rear of the vehicle, or the signal switch is not capable of operation by the driver or does not remain on without assistance when activated;

(G) the instrument panel does not illuminate whenever headlights or taillights are activated, the high beam indicator does not indicate when high beam lights are on, or a turn signal indicator does not indicate when turn signals are in operation;

(H) the back-up lights on trailers, when present, are not white or are on when the vehicle is moving forward; or

(I) any required light, reflector, or retro reflective sheeting is not present, does not light properly, is not the proper height, is not the proper color, or is not in the proper location as listed in Part 393 of the Federal Motor Carrier Safety Regulations.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-14 Exhaust System

(1) When examining the exhaust system of a vehicle, the inspector shall:

(a) check the exhaust system to determine if there is any leaking at a point forward of or directly below the driver or sleeper compartment; and

(i) issue a rejection inspection certificate when there is any leaking at a point forward of or directly below the driver or sleeper compartment;

(b) check the bus exhaust system to determine if there is any improper leaking or discharging; and

(i) issue a rejection inspection certificate when:

(A) there is a leak or discharge at any location in excess of six inches forward of the rearmost part of the bus, if the bus is gasoline powered;

(B) there is a leak or discharge at any location in excess of 15 inches forward of the rearmost part of the bus, if the bus is powered by anything other than gasoline; or

(C) there is any leak or discharge forward of a door or window designed to be opened, except for emergency exits, if the vehicle is powered by anything other than gasoline;

(i) issue a rejection inspection certificate when:

(A) the system will burn, char, or damage any electrical wiring, the fuel supply, or any combustible part of the motor vehicle;

(B) the vehicle has no muffler;

(D) there are leaks, excluding drain holes installed by the manufacturer, of any kind on any part of the system;

(E) the tailpipe is pinched;

(F) any element of exhaust system is not securely fastened or is secured in a manner that is likely to fail, such as securing the tail pipe with rope;

(G) the vehicle is installed with a muffler cutout or similar device;

(H) exhaust stacks are located in a position in which an individual may be burned upon entering or leaving the vehicle, or in a location likely to cause damage to any electrical wiring, fuel supply, or any combustible part of the motor vehicle;

(I) any part of the exhaust system passes through the occupant compartment;

(J) a tail pipe does not extend to or beyond the rear of the cab or passenger area or is severely bent or broken; or

(K) a tail pipe does not extend to outer periphery of a motor home or van.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-15 Fuel System

(1) If the fuel system uses diesel or gasoline, the inspector shall:

(a) check the fuel tank, fuel tank support straps, filler tube, tube clamps, fuel tank vent hoses or tubes, filler housing drain, overflow tube, and fuel filler; and

(i) issue a rejection inspection certificate when:

(A) there is fuel leakage at any point or there are escaping gases detected in the system;

(B) the fuel tank filler cap is missing;

(D) there is physical damage to any fuel system component; or

(E) the crossover line is not protected and drops more than two inches below fuel tanks.

(2) If the fuel system uses liquid propane gas, the inspector shall:

(a) check the fuel tank, fuel tank support straps, filler tube, tube clamps, fuel tank vent hoses or tubes, filler housing drain, overflow tube, fuel filler cap, and conversion kit installations;

(b) check for leaks by using the soap test with antifreeze;

(d) check that containers are located to minimize the possibility of damage to the container and its fittings;

(f) check that the piping system is installed, supported, and secured in such a manner as to minimize damage due to expansion, contraction, vibration, strains, and wear. Protection to the piping system may be achieved by parts of the vehicle furnishing the necessary protection, a fitting guard furnished by the manufacturer of the container, or by other means to provide equivalent protection;

(h) for a tank installed inside a passenger compartment, check that it is installed in an enclosure that is securely mounted to the vehicle, such as a trunk which is gas-tight with respect to the passenger compartment and is vented to the outside of the vehicle; and

(j) issue a rejection inspection certificate when:

(i) there is fuel leakage at any point or there are escaping gases detected in the system;

(ii) the fuel tank filler cap is missing, which is the cap over the fueling receptacle, not the door to the receptacle;

(iii) any part of the system is not securely fastened, supported, or the tank valve is not shielded;

(iv) there is physical damage, such as excessive denting, corrosion, bulging, or gouging to any fuel system component;

(v) the fuel lines have any corrosion;

(vi) welding is present, with the exception of being on saddle plates, lugs, pads or brackets that are attached to the container by the container manufacturer;

(vii) excessive surface rust on the tank or tank paint coating is in poor condition;

(viii) there is any installation hazard present that may cause a potential hazard during a collision;

(ix) a container is mounted directly on roofs or ahead of the front axle or beyond the rear bumper of a vehicle;

(x) a container or its appurtenance protrudes beyond the sides or top of the vehicle;

(xi) the vehicle does not have a weather-resistant, diamond shaped label located on the right rear of the vehicle identifying the vehicle as a "PROPANE" fueled vehicle;

(xii) a data plate, or saddle plate, is not present or is not legible on a propane tank;

(xiii) any aftermarket data plates are welded on the tank; or

(xiv) a check valve is used for a manual shutoff valve.

(3) American Society of Mechanical Engineers, or ASME containers are installed permanently to vehicles and are not subject to the DOT inspection requirements.

(4) All liquefied propane gas containers fabricated to earlier editions of regulations, rules, or codes listed in NFPA 5.2.1.1 and of the Interstate Commerce Commission Rules for Construction of Unified Pressure Vessels, prior to April 1, 1967, shall be permitted to continue to be used in accordance with Section 1.4 of NFPA.

(6) When inspecting a fuel system that uses either CNG or liquefied natural gas, the inspector shall:

(a) check the fuel tank, fuel tank support straps, filler tube, tube clamps, fuel tank vent hoses or tubes, filler housing drain, overflow tube, fuel filler cap, and conversion kit installations;

(b) check the tank to verify it is protected from physical damage using the vehicle structure, valve protectors or a suitable plastic or metal shield;

(c) check that fuel tank shields do not have direct contact with fuel tanks and prevent trapping of materials that could damage the tanks or its coatings;

(d) for fuel tanks installed above, below, or within the passenger compartment, check to verify connections are external or sealed and vented from the compartment.

(e) for fuel tanks installed within the passenger compartment, check to verify tanks are vented to the outside of the vehicle with a boot or heavy plastic bag and shall not exit into a wheel well;

(f) check tanks and fuel lines to verify mounting and bracing is away from the exhaust system and supported to minimize vibration and to protect against damage, corrosion, or breakage.

(i) the label shall be a minimum of 4.72 inches long by 3.27 inches high;

(h) check that when a manual valve is used, the valve location is accessible, indicated with the words "MANUAL SHUTOFF VALVE";

(j) check for a label located at the fueling connection receptacle with identification as a CNG-fueled vehicle, system working pressure, and container retest dates or expiration date;

(k) check that CNG fuel containers are permanently labeled;

(i) disassembly of the tanks protective shield is not required to verify the label on the tank;

(ii) it is the vehicle owner's responsibility to provide documentation for a current CNG tank Inspection from a CNG certified inspector; and

(iii) the documentation must identify the vehicle and list the CNG tank certification number; and

(l) visually inspect CNG fuel containers for damage and deterioration; and

(m) issue a rejection inspection certificate when:

(i) there is fuel leakage at any point or escaping gases are detected in the system, odor will be present;

(ii) the fuel tank filler cap or cover is missing;

(iii) any part of the system is not securely fastened, supported, or shielded to prevent damage from road hazards, slippage, loosening, or rotations;

(iv) fuel tank is exposed or unprotected;

(v) tanks that are installed under a vehicle are mounted ahead of the front axle or behind the point of attachment of the rear bumper;

(vi) there is any physical damage to a fuel system component;

(vii) there is any installation hazard present that may cause a potential hazard during a collision;

(viii) any part of the fuel tank or its appurtenances protrudes beyond the sides or top of any vehicle where the tanks can be struck or punctured;

(ix) the vehicle is not labeled as described in Subsection C of this section or in accordance with National Fire Protection Association Pamphlet 52; or

(x) a CNG fuel container is not current with its certification in accordance with Federal Motor Vehicle Safety Standards.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-16 Vehicle Interior

(1) When examining the interior of a vehicle, the inspector shall:

(a) check seats for proper operation of the adjusting mechanism and ensure the seats are securely anchored to the floor; and

(i) issue a rejection inspection certificate when:

(A) seats are not securely anchored to the floor;

(B) a seat adjusting mechanism slips out of set position;

(D) a seat belt, per OEM specifications, is missing or ineffective; or

(E) a seat belt is cut, torn, frayed, or otherwise damaged.

(b) check the floor pan in both occupant compartments and sleeper berths for rusted-out areas or holes that could permit entry of exhaust gases or would not support occupants adequately; and

(i) issue a rejection inspection certificate when the front or rear of the floor pan is rusted through sufficiently to cause a hazard to an occupant or that exhaust gases could enter the occupant area of the vehicle;

(i) issue a rejection inspection certificate when:

(A) there are any broken, rusted through, cracked, loose, or sagging frame components; or

(B) the frame has been cut or portions of the frame have been removed, affecting the strength or integrity of the frame;

(C) there is any condition, including loading, that causes the body or frame to be in contact with a tire or any part of the wheel assemblies; or

(D) adjustable axle assemblies, or sliding sub-frames, with locking pins are missing or not engaged;

(d) check the frame for any loose, broken, or missing fasteners, including fasteners that attach functional components such as the engine, transmission, steering gear, suspension, body parts and fifth wheel; and

(i) issue a rejection inspection certificate when the frame has evidence of loose, broken, or missing fasteners, including fasteners that attach functional components such as the engine, transmission, steering gear, suspension, body parts and fifth wheel.;

(e) check windshield wipers for proper operation and for damaged, torn, or hardened rubber elements and metal parts of wiper blades or arms; and

(i) issue a rejection inspection certificate when:

(A) a wiper fails to function properly;

(B) a wiper blade smears or streaks the windshield;

(D) a part of the wiper blade or arm is missing or damaged;

(f) check the windshield washer system for proper operation of hand or foot control and that an effective amount of fluid is delivered to the outside of the windshield; and

(i) issue a rejection inspection certificate when the windshield washer system fails to function properly, such as cracked hoses, broken hoses, or if the fluid reservoir is unable to hold fluid;

(g) check the defroster for proper operation; and

(i) issue a rejection inspection certificate when the defroster fan fails to function as designed; and

(h) check the vehicle to ensure that it is equipped with a properly functioning speedometer and odometer; and

(i) advise the owner when the speedometer or odometer is not functional or is disconnected.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-17 Vehicle Exterior

(1) When examining the exterior of a vehicle, the inspector shall:

(a) check the exterior for torn metal parts, moldings, or any body parts that may protrude from the vehicle; and

(i) issue a rejection inspection certificate when metal, molding, or other loose or dislocated parts protrude from the surface of the vehicle causing a safety hazard;

(b) check parts and accessories for proper securement; and

(i) issue a rejection inspection certificate when parts or accessories are not properly secured;

(i) issue a rejection inspection certificate when:

(A) the front bumper is missing, misplaced, loosely attached, broken, or torn so that a portion is protruding creating a hazard; or

(B) rear impact guards are missing;

(d) check front fenders; and

(i) issue a rejection inspection certificate when any fender has been removed or altered to such extent that it does not cover the entire width of the tire and wheel;

(e) check door latches, locks, hinges, and handles for proper operation, improper adjustment, and broken or missing components; and

(i) issue a rejection inspection certificate when:

(A) a door is broken or hinges are sagging so that the door cannot be tightly closed;

(B) a door does not open properly or close tightly; or

(f) check the hood and hood latch for proper operation; and

(i) issue a rejection inspection certificate when:

(A) the hood is missing, the hood latch does not securely hold the hood in its proper fully closed position, or the secondary safety catch does not function properly; or

(B) the latch release mechanism or its parts are broken, missing, or badly adjusted so that the hood cannot be opened and closed properly;

(g) check the exterior rearview mirrors; and

(i) issue a rejection inspection certificate when:

(A) the right or left exterior mirror is loose or missing;

(B) a mirror is difficult to adjust or cannot maintain a set adjustment;

(i) allowance should be made for truck tractors inspected without a trailer attached when the extra width the mirrors extend are to provide rearward visibility around the trailer; and

(D) a mirror is cracked, has sharp edges, or is pitted or clouded to the extent that rear vision is obscured; and

(h) check all motor and transmission mount components; and

(i) advise the owner when any heat cracks are present; and

(ii) issue a rejection inspection certificate when:

(A) a mount bolt or nut is broken, loose, or missing;

(B) the rubber cushion is separated from the metal plate of the mount;

(D) the engine or transmission is sagging to the point where the mount bottoms out or engine misalignment to the point of drive train component compromise; or

(E) fluid filled mounts are leaking, which are verified from the mount.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-18 Windows and Glazing

(1) When examining the windshield of a vehicle, the inspector shall:

(a) check the windshield for unauthorized tinting, signs, posters, or other non-transparent materials;

(b) check the windshield for appropriate AS certification; and

(i) issue a rejection inspection certificate when:

(A) there is outright breakage, which includes shattered glass either on the inside or outside surface, or any glass is broken, leaving sharp or jagged edges;

(B) there are sandpits or discoloration that interferes with the driver's vision;

(D) any crack intersects with another crack within the acute area;

(E) there is any damage within the acute area that cannot be covered by a disc 3/4 inch in diameter;

(F) there is any damage in the acute area that is within three inches of any other damage in the acute area; or

(G) the windshield does not have a marking of AS-1, AS-10, or AS-14.

(2) When examining the windows of a vehicle, the inspector shall:

(a) check all glass for unauthorized materials or conditions that obscure the driver's vision;

(b) check all vehicle glass for proper AS approval marking;

(i) any tint or other non-transparent material has been added to the windshield below the horizontal line four inches from the top of the windshield and allows less than 70% light transmittance below the AS-1 mark on the upper corner of windshield;

(ii) any tint is present and allows less than 70% light transmittance, or other non-transparent material has been added to the windows to the immediate left or right of the driver's seat; or

(iii) any windows are covered by or treated with a material that presents a metallic or mirrored appearance when viewed from the outside of the vehicle;

(d) check the operation of the driver-side window; and

(e) issue a rejection inspection certificate when:

(i) the driver-side window cannot be readily opened to permit arm signals; or

(ii) the driver-side window is broken, shattered, or jagged.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-19 Safe Loading

(1) When examining the loading equipment of a vehicle, the inspector shall:

(a) check the load securement; and

(i) issue a rejection inspection certificate when:

(A) any part of a vehicle or condition of loading is not properly secured such that the spare tire or any part of the load or dunnage can fall onto the roadway;

(B) container securement devices on intermodal equipment is cracked, broken, loose, or missing; or

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

Utah Admin. Code R714-162-20 School Bus

(1) When examining a school bus, the inspector shall:

(a) check the front and rear loading lights for proper operation and condition; and

(i) advise the owner when any lens is cracked or broken; and

(ii) issue a rejection inspection certificate when any amber or red loading light on the front or rear fail to operate;

(b) check each stop arm for proper operation; and

(i) advise the owner when there is an air leak from the bellows; and

(ii) issue a rejection inspection certificate when:

(A) the stop arm fails to extend or retract; or

(B) more than 50% of the stop arm lights are inoperative;

(c) visually check the convex cross view mirror for a clear view of the front bumper and area in front of the bus from the driver's position, and inspect for stable mounting, cracks, and sharp edges; and

(i) issue a rejection inspection certificate when:

(A) the exterior cross view mirror is missing;

(B) the mirror will not maintain a set position; or

(d) check emergency exit windows for proper operation; and

(i) advise the owner when the emergency exit window warning device does not operate, if equipped; and

(ii) issue a rejection inspection certificate when:

(A) an emergency exit window does not open freely or completely; or

(B) an emergency exit window is obstructed;

(e) check emergency exit doors for proper operation; and

(i) issue a rejection inspection certificate when:

(A) the emergency exit door warning device does not operate, if equipped;

(B) the emergency exit door does not open freely or completely;

(C) the emergency exit door is obstructed, including when the retractable seat bottom does not automatically retract and stay in the retracted position; or

(D) any emergency exit door is equipped with a padlock or non-OEM locking device, not including an interlock system;

(f) check tire load rating; and

(i) issue a rejection inspection certificate when the tire load rating is less than the required tire load rating on bus data plate;

(g) check the fire extinguisher, aisle clearance, handrails and seat or barriers; and

(i) issue a rejection inspection certificate when:

(A) the fire extinguisher has been discharged or is missing;

(B) the aisle is not clear of obstructions or the center aisle strip is missing or not secured;

(C) the left side handrail is missing, has a portion of the handrail that is completely unattached from its securement position, or if it does not meet OEM specifications;

(D) any seat cushion or seat assembly is completely unattached from the structure that secures it;

(E) any seat or barrier material is defective so that it compromises the integrity of occupant protection and compartmentalization;

(F) the driver's seat fails to adjust or hold proper adjustment; or

(G) any part of the driver's safety restraint assembly is missing, not properly installed, or is so defective as to prevent proper securement;

(h) check the step well, floors, and panels; and

(i) issue a rejection inspection certificate when:

(A) any part of the step well or support structure is damaged;

(B) there is a step well condition that would present a tripping hazard;

(C) the floor pan or inner panels have excessive perforated areas or openings sufficient to cause a hazard to an occupant; or

(D) any panel, such as ceiling, side, or wheel well, protrudes, has sharp edges, or is not secured, to the point that may cause injuries; and

(i) check body exterior; and

(i) issue a rejection inspection certificate when:

(A) any school bus body part is loose, torn, dislocated, or protruding from the surface of the bus and creates a hazard; or

(B) a school bus is any color other than school-bus yellow.

History

KEY: motor vehicle safety, safety inspection manual
Date of Last Change: July 18, 2017
Notice of Continuation: April 29, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 53-8-205; 41-6a-1601

R714-163 Street-Legal All-Terrain Vehicles

Utah Admin. Code R714-163-1 Authority

This rule is authorized by Subsections 53-8-204(5) and 41-6a-1601(2).

History

KEY: street-legal all-terrain vehicles, safety inspections
Date of Last Change: September 27, 2016
Notice of Continuation: July 10, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 41-6a-1601

Utah Admin. Code R714-163-2 Purpose

The purpose of this rule is to set minimum equipment standards governing ATV safety inspections in accordance with Sections 53-8-204 and 41-6a-1601.

History

KEY: street-legal all-terrain vehicles, safety inspections
Date of Last Change: September 27, 2016
Notice of Continuation: July 10, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 41-6a-1601

Utah Admin. Code R714-163-3 Definitions

Terms used in this rule are found Section 41-6a-102.

History

KEY: street-legal all-terrain vehicles, safety inspections
Date of Last Change: September 27, 2016
Notice of Continuation: July 10, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 41-6a-1601

Utah Admin. Code R714-163-4 Applicability of Rule

This rule applies to all street-legal ATVs.

History

KEY: street-legal all-terrain vehicles, safety inspections
Date of Last Change: September 27, 2016
Notice of Continuation: July 10, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 41-6a-1601

Utah Admin. Code R714-163-5 Inspection Requirements

(1) An all-terrain type 1 vehicle, utility type vehicle, or full-sized all-terrain vehicle being operated as a street-legal ATV shall meet the inspection requirements in Section 41-6a 1509(2)(b)(iii).

(a) A full-sized all-terrain vehicle being operated as a street-legal ATV is exempt from the mudflap, fender, and bumper requirements in Section R714-160.

(2) An all-terrain type 1 vehicle or utility type vehicle being operated as a street-legal ATV shall be equipped with the items listed in Section 41-6a-1509(3)(a).

(a) The inspector shall issue a rejection certificate when any of the requirements in Section 41-6a-1509(2)(b) or Section 41- 6a-1509(3)(a) are not met.

(3) A full-sized all-terrain vehicle shall be equipped with the items listed in Section 41-6a-1509(3)(b).

(a) The inspector shall issue a rejection certificate when:

(i) any of the requirements in Section 41-6a-1509(2)(b) or Section 41-6a-1509(3)(b)are not met; or

(ii) the vehicle is not designed for or capable of travel over unimproved terrain.

History

KEY: street-legal all-terrain vehicles, safety inspections
Date of Last Change: September 27, 2016
Notice of Continuation: July 10, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-204; 41-6a-1601

R714-164 School Bus Inspection, Maintenance and Auditing Requirements

Utah Admin. Code R714-164-1 Authority

This rule is authorized by Sections 53-8-211.

History

KEY: school bus, school bus safety inspection, school bus maintenance and auditing
Date of Last Change: August 23, 2021
Notice of Continuation: August 14, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-211

Utah Admin. Code R714-164-2 Purpose

(1) The purpose of this rule is to set standards governing:

(a) the safety inspection of school buses;

(b) maintenance of:

(i) school bus drivers' hours of service records;

(ii) vehicle condition reports; and

(iii) school bus maintenance and repair records,

(c) validation that defects discovered during the inspection process have been corrected prior to returning a school bus to service; and

(d) audits conducted by the division related to school bus safety operations of each entity performing inspections under Section 53-8-211 to ensure compliance with this rule.

History

KEY: school bus, school bus safety inspection, school bus maintenance and auditing
Date of Last Change: August 23, 2021
Notice of Continuation: August 14, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-211

Utah Admin. Code R714-164-3 Definitions

(1) Terms used in this rule are defined in Sections 53-3-102 and 53-8-211, and 49CFR Subpart A 390.5 (October 1, 2011).

(2) In addition:

(a) "Department" means the Utah Department of Public Safety;

(b) "External maintenance facility" means a third party retained by an education entity for the purpose of maintaining and inspecting the school buses it utilizes;

(c) "Internal maintenance facility" means equipment owned and individuals employed by an education entity for the purpose of maintaining and inspecting the school buses it utilizes;

(d) "Multi-function school activity bus" means a vehicle that meets all criteria of a school bus with the exception of the following traffic control devices:

(i) stop arms;

(ii) overhead loading lights;

(iii) school bus yellow coloring;

(iv) yellow retro reflective sheeting; and

(v) required identification markings; and

(e) "School bus" means any vehicle operated by an education entity with a seating capacity of 11 or more, including the driver, used for the purpose of transporting students and equipped in accordance with the rules regarding design and operation as specified by Sections 41-6a-1304 and 53-8-211.5, and the most recent edition of Standards for Utah School Buses and Operation.

History

KEY: school bus, school bus safety inspection, school bus maintenance and auditing
Date of Last Change: August 23, 2021
Notice of Continuation: August 14, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-211

Utah Admin. Code R714-164-4 Applicability

(1) This rule applies to each education entity operating school buses, either owned or leased, with education entity employees acting as drivers or operators.

(2) Requirements of this rule apply to school buses and multi-function school activity buses, with the exception of the criteria listed in Subsection R714-164(3)(d).

(3) Vehicles not meeting the criteria of a school bus or multi function school activity bus shall not be considered or inspected by education entities as part of the requirements of Section 53-8-211 or this rule.

(4) This rule does not preclude any vehicle inspection requirements under Rule R714-162.

History

KEY: school bus, school bus safety inspection, school bus maintenance and auditing
Date of Last Change: August 23, 2021
Notice of Continuation: August 14, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-211

Utah Admin. Code R714-164-5 School Bus Safety Inspections

(1) Each education entity operating an internal maintenance facility shall conduct an annual inspection of each school bus it utilizes in accordance with the Utah School Bus Inspection-Facility Entities Manual, which can be found at https://highwaypatrol.utah.gov/wp-content/uploads/sites/21/2020/12/SCHOOL-BUS-INSPECTION-2020-FULL.pdf and is incorporated by reference.

(2) Each education entity utilizing an external maintenance facility shall:

(a) ensure each school bus it utilizes receives an annual inspection in accordance with the Utah Motor Vehicle Inspection Program; and

(b) conduct an additional annual inspection of each school bus it utilizes in accordance with the Utah School Bus Inspection - Non Facility Entities manual, which can be found at https://highwaypatrol.utah.gov/wp- content/uploads/sites/21/2020/12/SCHOOL-BUS-INSPECTION-2020-NON-FACILITY.pdf, and is incorporated by reference.

(3) School bus specific inspections conducted by education entities, shall be completed by a certified inspector.

(4) A certified inspector shall:

(a) be 18 years of age or older;

(b) be employed by the education entity;

(d) complete online recertification training and testing every 5 years, which shall be completed within 6 months of the inspector certification expiration.

History

KEY: school bus, school bus safety inspection, school bus maintenance and auditing
Date of Last Change: August 23, 2021
Notice of Continuation: August 14, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-211

Utah Admin. Code R714-164-6 School Bus Drivers' Hours of Service Records

(1) Each education entity shall maintain hours of service records for school bus drivers for a period of one year.

(2) The records shall be maintained in a manner that is readily available for review and inspection, and shall include:

(i) the time the driver reports to work each day;

(ii) the time the driver is released from work each day;

(iii) the total number of hours the driver is on-duty each day; and

(iv) any time for which the driver is compensated by any employer other than the education entity.

History

KEY: school bus, school bus safety inspection, school bus maintenance and auditing
Date of Last Change: August 23, 2021
Notice of Continuation: August 14, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-211

Utah Admin. Code R714-164-7 School Bus Drivers' Vehicle Condition Reports

(1) Each education entity shall require its drivers to prepare a report for a school bus prior to the driver's operation of the school bus.

(2) The report shall include, at a minimum, the condition of the following parts and accessories:

(a) service brakes;

(b) steering mechanism;

(d) tires;

(e) wheels, rims, fastening devices;

(f) horn;

(g) windshield wipers and washers;

(h) rear vision mirrors;

(i) seats and seat barriers;

(j) emergency exits; and

(k) emergency equipment.

(3) Each school bus condition report must identify the school bus and list any defect or deficiency discovered by, or reported to the driver which could affect the safe operation of the school bus or result in a mechanical breakdown.

(4) Each school bus condition report must be prepared and submitted to the education entity even if no defect or deficiency is discovered by, or reported to the driver.

(5) Prior to requiring or permitting a driver to operate a school bus, each education entity or its agent shall:

(a) repair any defect or deficiency listed on the driver's school bus condition report which would likely affect the safe of operation of the school bus; and

(b) certify on the original driver school bus condition report that:

(i) the defect or deficiency has been repaired; or

(ii) repairs are unnecessary before the school bus is operated again.

(6) Each education entity shall maintain the original driver school bus condition report and the certification of repairs, if any, for a period of one year from the date the school bus condition report was created.

(a) These records shall be readily available for review and inspection in accordance with Section R714-164-9.

History

KEY: school bus, school bus safety inspection, school bus maintenance and auditing
Date of Last Change: August 23, 2021
Notice of Continuation: August 14, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-211

Utah Admin. Code R714-164-8 School Bus Maintenance and Repair Records

(1) Each education entity shall have a maintenance program approved by the division that requires an education entity or its agent to:

(a) ensure each school bus receives required safety inspections annually in accordance with this rule;

(b) ensure that no school bus is operated without a passing safety inspection being completed within the previous 12- months;

(c) ensure each school bus receives periodic maintenance of components critical to the safe operation of the school bus at regular manufacturer suggested intervals;

(d) ensure each school bus driver is properly trained to perform and record school bus condition reports as required by Section R714-164-7;

(e) establish a process to verify and repair any defect or deficiency discovered as a result of performing the requirements of Section R714-164-7; and

(f) establish a process to verify and repair any defect or deficiency discovered as a result of an inspection conducted by the Highway Patrol pursuant to Subsection 53-8-211(3)(a) and Section R714-164-9.

(2) The education entity or agent shall maintain a record of each school bus for a period of one year that shall include:

(a) the identification of each school bus including serial number, year, make and number if so marked;

(b) the date and mileage of any inspection, maintenance, or repair that was performed;

(d) the certification that any defect or deficiency discovered has been corrected prior to the school bus being returned to service; and

(e) the name or names of the individuals who performed the inspection, maintenance, or repair.

(3) The record described in Section R714-164-7 shall be maintained in a manner that is readily available for review and inspection in accordance with Section R714-164-9.

History

KEY: school bus, school bus safety inspection, school bus maintenance and auditing
Date of Last Change: August 23, 2021
Notice of Continuation: August 14, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-211

Utah Admin. Code R714-164-9 Department Audit and Inspection Procedures

(1) The department shall conduct audits and inspections as needed to enforce state rule and laws related to the safety and operation of a school bus.

(2) The department's authorized employees or agents may:

(a) enter, inspect, and examine any lands, buildings, and equipment of a local education entity, a privately operated business contracted with a local education entity, or a privately owned entity operating as an education entity;

(b) inspect and copy any accounts, books, records and documents in order to administer and enforce state rule and law;

(d) perform random safety inspections on a minimum of 20% of the school buses operated by an education entity;

(e) in cooperation and consultation with the Utah State Board of Education, the Utah Association of Pupil Transportation, and other stakeholders establish an out-of-service threshold, which shall be evaluated every three years starting in January 2024 and published to all education entities;

(f) perform additional record examinations and vehicle safety inspections when an education entity's out-of-service failure rate fails to meet the Department's established out-of-service threshold;

(g) verify that any violations discovered during an audit or inspection are corrected; and

(h) make publicly available the results of audits or inspections.

History

KEY: school bus, school bus safety inspection, school bus maintenance and auditing
Date of Last Change: August 23, 2021
Notice of Continuation: August 14, 2026
Authorizing, and Implemented or Interpreted Law: 53-8-211

R714-165 Standards for School Buses

Utah Admin. Code R714-165-1 Authority

This rule is authorized by Section 41-6a-1304.

History

KEY: school bus, school bus standards
Date of Last Change: September 8, 2021
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1304

Utah Admin. Code R714-165-2 Purpose

(1) The purpose of this rule is to set standards governing the design and operation of school buses.

History

KEY: school bus, school bus standards
Date of Last Change: September 8, 2021
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1304

Utah Admin. Code R714-165-3 Definitions

(1) Terms used in this rule are defined in Section 53E-3-401.

History

KEY: school bus, school bus standards
Date of Last Change: September 8, 2021
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1304

Utah Admin. Code R714-165-4 Adoption of Standards for Utah School Buses and Operations Standards

(1) In cooperation with the Utah State Board of Education, the Standards for Utah School Buses and Operations as contained in the 2020 Published Edition, is incorporated by reference.

(2) The Standards for Utah School Buses and Operations are published by the Utah State Board of Education and can be found at https://www.schools.utah.gov/file/aadb2d10-f996-4423-badd-2723d1186176.

(3) The requirements in Subsections (1) and (2) apply to the design and operation of all school buses in this state when:

(a) owned and operated by any education entity;

(b) privately owned and operated under contract with an education entity; or

History

KEY: school bus, school bus standards
Date of Last Change: September 8, 2021
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1304

R714-200 Standards for Vehicle Lights and Illuminating Devices

Utah Admin. Code R714-200-1 Purpose

Section 41-6a-1620 requires that the Department shall approve or disapprove any lighting device or other safety equipment, component or assembly of a type for which approval is specifically required. The standards shall conform as nearly as practical to Federal Motor Vehicle Safety Standards and Regulations.

History

KEY: lights, motor vehicle safety
Date of Last Change: December 1, 2008
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6-117; 41-6-142; 53-1-106(1)(a)

Utah Admin. Code R714-200-2 Authority

This rule is authorized by Sections 41-6a-1601 and 41-6a-1620, and Subsection 53-1-106(1)(a).

History

KEY: lights, motor vehicle safety
Date of Last Change: December 1, 2008
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6-117; 41-6-142; 53-1-106(1)(a)

Utah Admin. Code R714-200-3 Federal Standard Adopted and Incorporated by Reference

The Department hereby adopts the standards set forth in 49 CFR 571 Standard 108 (1997 edition) as the standard governing vehicle lights and illuminating devices in Utah and incorporates such federal regulation into this rule by this reference.

History

KEY: lights, motor vehicle safety
Date of Last Change: December 1, 2008
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6-117; 41-6-142; 53-1-106(1)(a)

Utah Admin. Code R714-200-4 Miscellaneous Light Restrictions

A. Alternately flashing lights described in Sections 41-6a-1616 and 41-6a-1302 may not be used on any vehicle other than a school bus or authorized emergency vehicle.

B. No vehicle, except an authorized emergency vehicle, may use rotating lights as described in Subsection 41-6a- 1616(4).

C. No vehicle, except a police vehicle, may use rotating blue lights or flashing blue lights as described in Section 41- 6a-1616.

History

KEY: lights, motor vehicle safety
Date of Last Change: December 1, 2008
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6-117; 41-6-142; 53-1-106(1)(a)

Utah Admin. Code R714-200-5 Process of Requesting Equipment Approval

A. Upon receiving a written request, the Department shall review the equipment to ensure that it meets Federal Motor Vehicle Safety Standards.

B. After reviewing the equipment, the Department shall issue a written response, explaining the reason for approval or denial of the requested equipment.

History

KEY: lights, motor vehicle safety
Date of Last Change: December 1, 2008
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6-117; 41-6-142; 53-1-106(1)(a)

R714-210 Standards for Motor Vehicle Air Conditioning Equipment

Utah Admin. Code R714-210-1 Purpose

The purpose of this rule is to adopt standards for motor vehicle air conditioning equipment which will protect the public and occupants of motor vehicles.

History

KEY: air conditioning, motor vehicle safety
Date of Last Change: May 5, 1998
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1640; 53-1-106(1)(a)

Utah Admin. Code R714-210-2 Authority

This rule is authorized by Subsection 41-6a-1640 and 53-1-106(1)(a).

History

KEY: air conditioning, motor vehicle safety
Date of Last Change: May 5, 1998
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1640; 53-1-106(1)(a)

Utah Admin. Code R714-210-3 Federal Standards Adopted and Incorporated by Reference

The Department of Public Safety hereby adopts the motor vehicle air conditioning equipment standards set forth in 40 CFR 82.30 through 82.42, and Pt. 82, Subpt. B, App. A and App. B (2006 edition) as the motor vehicle air conditioning equipment standards for Utah and incorporates such federal regulation into this rule by this reference.

History

KEY: air conditioning, motor vehicle safety
Date of Last Change: May 5, 1998
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1640; 53-1-106(1)(a)

R714-300 Standards for Motor Vehicle Braking Systems

Utah Admin. Code R714-300-1 Purpose

The purpose of this rule is to adopt standards for motor vehicle braking systems.

History

KEY: brakes, motor vehicle safety
Date of Last Change: May 5, 1998
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1601; 53-1-106(1)(a)

Utah Admin. Code R714-300-2 Authority

This rule is authorized by Section 41-6a-1601 and 53-1-106(1)(a).

History

KEY: brakes, motor vehicle safety
Date of Last Change: May 5, 1998
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1601; 53-1-106(1)(a)

Utah Admin. Code R714-300-3 Federal Standard Adopted and Incorporated by Reference

The Department of Public Safety hereby adopts the motor vehicle braking standards set forth in 49 CFR 393.40 through 393.50, 571.105, and 571.122 (1996 edition) as the motor vehicle braking standards for Utah and incorporates such federal regulations into this rule by this reference.

History

KEY: brakes, motor vehicle safety
Date of Last Change: May 5, 1998
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1601; 53-1-106(1)(a)

R714-500 Chemical Analysis Standards and Training

Utah Admin. Code R714-500-1 Authority

A. This rule is authorized by Section 41-6a-515 which requires the Commissioner of the Department of Public Safety to establish standards for the administration and interpretation of chemical analysis of a person’s breath, including standards of training.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-2 Definitions

A. Certification Report means document prepared by a technician detailing the results of a certification check.

B. Certification Check means analysis of instrument function and calibration performed by technician.

C. Instrument means breath alcohol concentration testing instruments employed by law enforcement officers for evidentiary purposes and approved by the department.

D. Operator means individual certified by the department to administer breath alcohol concentration tests.

E. Breath Alcohol Concentration Test Results means analytical results of a breath alcohol concentration test provided by an approved instrument. Results are deemed to be an exact representation of breath alcohol concentration at the time of test.

F. Program means all breath alcohol concentration testing techniques, methods, and programs.

G. Program Supervisor means authorized representative of the Commissioner of Public Safety for the breath alcohol concentration testing program and supervisor of said program.

H. Technician means individual certified by the department to operate, provide training on, and perform maintenance, repairs, and certification checks on breath alcohol concentration testing instruments.

I. Breath Test means test administered by an operator or technician on an instrument for the purpose of determining breath alcohol concentration.

J. Department means the Utah Department of Public Safety.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-3 Purpose

A. It is the purpose of this rule to set forth:

(1) Procedures whereby the department may certify:

(a) breath alcohol concentration testing programs;

(b) breath alcohol concentration testing instruments;

(d) breath alcohol concentration testing operators;

(e) breath alcohol concentration testing technicians; and

(f) breath alcohol concentration testing program supervisors.

(2) Adjudicative procedure concerning:

(a) application for and denial, suspension or revocation of the aforementioned certifications; and

(b) appeal of initial department action concerning the aforementioned certifications.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-4 Application for Certification

A. Application for certification shall be on forms provided by the department in accordance with Subsection 63G-4- 201(3)(c).

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-5 Program Certification

A. All programs must be certified by the department.

B. Prior to initiating a program, an agency or laboratory shall submit application to the Department for certification. The application shall show the brand or model, or both, of the instrument to be used and contain a resume of the program followed. The Department shall inspect to determine compliance with all applicable provisions under R714-500.

C. Certification of a program may be denied, suspended, or revoked by the Department if, based on information obtained by the Department, program supervisor, or technician, the agency or laboratory fails to meet the criteria as outlined by the department.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-6 Instrument Certification

A. Criteria: To be approved, each manufacturer’s brand or model of instrument shall meet the following criteria:

The instrument shall provide accurate and consistent analysis of breath specimen for the determination of breath alcohol concentration for law enforcement purposes;
Breath alcohol concentration analysis of an instrument shall be based on the principle of infra-red energy absorption or any other similarly effective procedure as specified by the Department;
Breath specimen analyzed shall be essentially alveolar or end expiratory in composition according to the analysis method utilized;
Measurement of breath alcohol concentration shall be reported in grams of alcohol per 210 liters of breath;
The instrument shall analyze a reference sample during certification checks, following procedures outlined in R714-500-6-D;
Other criteria, deemed necessary by the Department, may be required to correctly and adequately evaluate the instrument as practical and reliable for law enforcement purposes.

B. Acceptance: The Department shall approve all breath alcohol concentration testing instruments employed for law enforcement evidentiary purposes.

The Department shall maintain an approved list of accepted instruments. Law enforcement entities shall select instruments from this list, which list shall be available for public inspection upon request from the Department, Utah Highway Patrol Training Section, 410 West 9800 South, Sandy, UT 84070.
A manufacturer may apply for approval of an instrument by brand or model not on the list. The Department shall subsequently examine each instrument to determine if it meets criteria specified by R714-500 and applicable purchase requisitions.
Upon compliance with R714-500, an instrument may be approved by brand or model and placed on the list of accepted instruments.
Certification Reports verifying the certification of all instruments shall be kept on file by the program supervisor and made available upon request through the Department, Utah Highway Patrol Training Section, 410 West 9800 South, Sandy, UT 84070.

C. Initial Instrument Certification: All breath alcohol concentration testing instruments used for law enforcement evidentiary purposes shall be certified prior to being placed into service.

The program supervisor shall determine that each individual instrument, by serial number, conforms to the brand or model that appears on the Commissioner’s accepted list.
Prior to an instrument being placed into service, a technician shall perform a certification check, following the standardized operating procedure and requirements outlined in R714-500-6-D.
Upon successful completion of these requirements, the instrument shall be deemed to be operating correctly and may be placed into service.

D. Regular Instrument Certification Checks

Once an instrument has been placed into service, it shall be certified by a technician on a routine basis, not to exceed 40 days between certification checks.
The program supervisor shall establish a standardized operating procedure for performing certification checks, following requirements set forth in R714-500 or by using such procedures as recommended by the manufacturer of the instrument to meet its performance specifications, as derived from:

a. electrical power check;

b. operating temperature check;

c. internal purge check;

d. invalid test procedures check;

e. diagnostic measurements check;

f. internal calibration check;

g. known reference sample check; and

h. measurements of breath alcohol concentration, displayed in grams of alcohol per 210 liters of breath.

A copy of these standard operating procedures may be made available upon request through the Department, Utah Highway Patrol Training Section, 410 West 9800 South, Sandy, UT 84070.

For known reference sample checks set forth in R714-500-6-D-2-g, the instrument shall analyze a reference sample, such as headspace gas from a mixture of water and a known weight or volume of ethanol held at a constant temperature or a compressed inert gas and alcohol mixture from a pressurized cylinder.

a. The result of the analysis shall agree with the reference sample’s predicted value, within parameters of calibration set at plus or minus 5% or 0.005, whichever is greater, or such limits as set by the Department.

i. For example, if a known reference sample has a value of 0.100, the parameters of calibration set at plus or minus 5% would equal 0.005 (0.100 x 5 % = 0.005). Acceptable parameters of calibration using a known 0.100 reference sample would therefore range from 0.095 to 0.105.

b. Analytical results of the known reference sample check shall be reported to three decimal places.

Other checks, deemed necessary by the Department or program supervisor, may be required to correctly and adequately evaluate the instrument.
Technicians shall follow the standardized operating procedure as set forth by the program supervisor when performing certification checks.
If an instrument successfully passes all the certification checks, it shall be deemed to be operating properly.
A report of the certification results with the serial number of the certified instrument shall be recorded on the approved Certification Report form by the technician, sent to the program supervisor, and placed in the file for certified instruments.
Results of certification checks shall be kept in a permanent record retained by the technician or program supervisor.

E. Instrument Repair and Recertification

The Department may at any time determine if a specific instrument is unreliable or unserviceable. Upon such a finding, the instrument shall be removed from service and certification withdrawn.
A report of the certification results showing the certification has been withdrawn shall be recorded on the approved Certification Report form by the technician, sent to the program supervisor, and placed in the file for certified instruments.
Upon proper repair, the instrument may be recertified and again placed into service.

a. Minimum requirements for recertification are identical to those outlined in R714-500-6-D, sub-sections 2, 3, and 4.

A report of the certification results with the serial number of the recertified instrument shall be recorded on the approved Certification Report form by the technician, sent to the program supervisor, and placed in the file for certified instruments.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-7 Breath Alcohol Concentration Test Analytical Results

A. The instrument should be operated by either a certified operator or technician.

B. Breath specimen analyzed for breath alcohol concentration shall be essentially alveolar or end expiratory in composition according to the analysis method utilized.

The results of tests to determine breath alcohol concentration shall be expressed as equivalent grams of alcohol per 210 liters of breath.
Analytical results on a breath alcohol concentration test shall be recorded using terminology established by State statute and reported to three decimal places.

a. For example, a result of 0.237g/210L shall be reported as 0.237.

C. Results of breath alcohol concentration tests will be printed by the instrument.

D. Results are deemed to be an exact representation of breath alcohol concentration at the time of test.

E. The printed results of a breath alcohol concentration test will be retained by the operator or the operator’s individual agencies’ designated record or evidence custodian.

F. Instrument internal standards on a breath alcohol concentration test do not have to be recorded numerically.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-8 Operator Certification

A. All breath alcohol testing operators must be certified by the Department.

B. All training for initial and renewal certification will be conducted by a program supervisor or technician.

C. Initial Certification

(1) In order to be certified as a breath alcohol concentration testing instrument operator, an individual must successfully complete a course of instruction approved by the Department, which must consist of eight hours of training, including as a minimum the following:

a. Effects of alcohol in the human body;

b. Operational principles of breath testing;

c. D.U.I. Summons and Citation, D.U.I. Report Form, and courtroom testimony;

d. Legal aspects of chemical testing, DUI case law, and other alcohol related laws;

e. Laboratory participation performing simulated tests on the instruments, including demonstrations under the supervision of a class instructor; and

f. Examination and critique of course.

(2) After successful completion of the initial certification course a certificate will be issued that will be valid for three years.

D. Renewal Certification

(1) An operator seeking to renew his or her certification shall successfully complete the recertification exam prior to the expiration date of the certificate.

(2) The Department shall renew an operator’s certificate for a three-year period after he or she successfully completes the recertification examination.

(3) Any operator whose certification expires shall retake and successfully complete the recertification course in order to renew his or her certification.

Four hours of training, including the following topics:

a. Effects of alcohol in the human body;

b. Operational principles of breath testing;

c. D.U.I. Summons and Citation, D.U.I. Report Form, and courtroom testimony;

d. Legal aspects of chemical testing DUI case law, and other alcohol related laws; and

e. Successful completion of the recertification examination.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-9 Technician Certification

A. All technicians, must be certified by the department.

B. The minimum qualifications for certification as a technician are:

(1) Satisfactory completion of the operator’s initial certification course and/or renewal certification course;

(2) Satisfactory completion of the Breath Alcohol Testing Supervisor’s course offered by Indiana University or an equivalent course of instruction, as approved by the program supervisor;

(3) Satisfactory completion of the manufacturer’s maintenance and repair technician course;

(4) Maintenance of technician’s status through a minimum of eight hours training each calendar year. This training must be directly related to the breath alcohol testing program and must be approved by the program supervisor.

C. Any technician who fails to meet the requirements of R714-500-9-B and allows their certification to expire for more than one year, must renew their certification by meeting the minimum requirements as outlined in R714-500-9-B.

D. Only certified breath alcohol testing technicians shall be authorized to provide expert testimony concerning the certification and all other aspects of the breath testing instrument under their supervision.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-10 Program Supervisor Certification

The program supervisor will be required to meet the minimum certification standards set forth in R714-500-9. Certification should be within one year after initial appointment or other time as stated by the department.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-11 Previously Certified Personnel

A. This rule shall not be construed as invalidating the certification of personnel previously certified as operators under programs existing prior to the promulgation of this rule. Such personnel shall be deemed certified, provided they meet the training requirements as outlined in R714-500-8.

B. This rule shall not be construed as invalidating the certification of personnel previously certified as a technician under programs existing prior to the promulgation of this rule. Such personnel shall be deemed certified, provided they meet the training requirements in R714-500-8.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-12 Revocation or Suspension of Certification

A. The department may, on the recommendation of the program supervisor, revoke or suspend the certification of any operator or technician:

(1) Who fails to comply with or meet any of the criteria required in this rule; or

(2) Who falsely or deceitfully obtained certification; or

(3) Who fails to show proficiency in proper operation of the breath testing instrument; or

(4) For other good cause.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

Utah Admin. Code R714-500-13 Adjudicative Proceedings

A. Purpose of section. It is the purpose of this section to set forth adjudicative proceedings in compliance with Title 63G Chapter 4.

B. Designation. All adjudicative proceedings performed by the department shall proceed informally as set forth herein and as authorized by Sections 63G-4-202 and 63G-4-203.

C. Denial, suspension or revocation. A party who is denied certification or whose certification is suspended or revoked, will be informed within a period of 30 days by the department the reasons for denial, suspension, or revocation.

D. Appeal of denial, suspension, or revocation. A party who is denied certification or whose certification is suspended or revoked may appeal to the commissioner or designee on a form provided by the department in accordance with Subsection 63G-4-201(3)(C). The appeal must be filed within ten days after receiving notice of the department action.

E. No hearing will be granted to the party. The commissioner or designee will merely review the appeal and issue a written decision to the party within ten days after receiving the appeal.

History

KEY: alcohol, intoxilyzer, breath testing, operator certification
Date of Last Change: January 21, 2016
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-515; 63G-4

R714-501 Preliminary Oral Fluid and Portable Breath Testing Standards

Utah Admin. Code R714-501-1 Authority

This rule is authorized by Section 53-25-102, which requires the department to establish standards for the proper use of oral fluid and portable breath testing as part of a field sobriety test.

History

KEY: alcohol, breath testing, oral fluid testing, portable breath testing
Date of Last Change: December 23, 2024
Authorizing, and Implemented or Interpreted Law: 53-25-102

Utah Admin. Code R714-501-2 Definitions

Terms used in this rule are defined in Sections 53-1-102 and 41-6a-102.

History

KEY: alcohol, breath testing, oral fluid testing, portable breath testing
Date of Last Change: December 23, 2024
Authorizing, and Implemented or Interpreted Law: 53-25-102

Utah Admin. Code R714-501-3 Proper Use of Preliminary Oral Fluid Testing

(1) A peace officer shall:

(a) complete training provided by the law enforcement agency with which they are employed on the proper use of an oral fluid testing instrument before use of an oral fluid testing instrument in connection with any type of investigation, including a DUI or drug related arrest; and

(b) ensure that the use of an oral fluid testing instrument:

(i) complies with this rule; and

(ii) is consistent with manufacturer and industry standards.

(2) An oral fluid test:

(a) shall only be conducted:

(i) after the standardized field sobriety tests have been administered if administered in connection with a DUI investigation; and

(ii) when there is evidence of impairment based on the totality of the circumstances; and

(b) may not be the primary factor upon which a decision to arrest is made.

(3) Preliminary oral fluid testing:

(a) is voluntary for the subject of the investigation; and

(b) may be refused by the subject of the investigation.

(4) When administering a preliminary oral fluid test, a peace officer shall:

(a) ensure that the sample obtained is valid and free of potential tampering; and

(b) conduct the test with the cooperation of the subject of the investigation.

(5) An oral fluid testing instrument shall provide the peace officer with a positive or negative test result.

(6) The results of a preliminary oral fluid test shall be documented and included in the peace officer's report through inclusion of:

(a) a printed copy of the test results; or

(b) a photograph of the results if a printed copy is not available.

(7) In instances where a preliminary oral fluid test is administered, a peace officer should obtain a follow-up test, such as a blood draw, for evidentiary purposes.

History

KEY: alcohol, breath testing, oral fluid testing, portable breath testing
Date of Last Change: December 23, 2024
Authorizing, and Implemented or Interpreted Law: 53-25-102

Utah Admin. Code R714-501-4 Proper Use of Portable Breath Testing

(1) A peace officer shall:

(a) complete training provided by the law enforcement agency with which they are employed on the proper use of a portable breath testing instrument before use of a portable breath testing instrument in connection with any type of investigation, including a DUI or drug related arrest; and

(b) ensure that the use of portable breath testing instrument:

(i) complies with this rule and

(ii) is consistent with manufacturer and industry standards.

(2) A portable breath test:

(a) shall only be conducted:

(i) after the standardized field sobriety tests have been administered if administered in connection with a DUI investigation; and

(ii) when there is evidence of impairment based on the totality of the circumstances; and

(b) may not be the primary factor upon which a decision to arrest is made.

(3) Portable breath testing:

(a) is voluntary for the subject of the investigation; and

(b) may be refused by the subject of the investigation.

(4) When administering a portable breath test, a peace officer shall:

(a) ensure that the sample obtained is valid and free of potential tampering; and

(b) conduct the test with the cooperation of the subject of the investigation.

(5) A portable breath testing instrument shall provide the peace officer with a test result that reflects the breath alcohol concentration of the subject of the investigation.

(6) The results of a portable breath test shall be documented and included in the peace officer's report through inclusion of a hand-written positive, negative, or actual test result.

(7) In instances where a portable breath test is administered, a peace officer should obtain a follow-up test, such as an intoxylizer test or a blood draw, for evidentiary purposes.

History

KEY: alcohol, breath testing, oral fluid testing, portable breath testing
Date of Last Change: December 23, 2024
Authorizing, and Implemented or Interpreted Law: 53-25-102

R714-510 24-7 Sobriety Program

Utah Admin. Code R714-510-1 Authority

This rule is authorized by Subsection 41-6a-515.5(7).

History

KEY: 24-7 Sobriety Program, sobriety testing
Date of Last Change: June 10, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-515.5

Utah Admin. Code R714-510-2 Purpose

The purpose of this rule is to establish criteria and procedures for a law enforcement agency to participate in a 24-7 sobriety program.

History

KEY: 24-7 Sobriety Program, sobriety testing
Date of Last Change: June 10, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-515.5

Utah Admin. Code R714-510-3 Definitions

Definitions used in the rule are found in Sections 41-6a-102 and 41-6a-515.5.

History

KEY: 24-7 Sobriety Program, sobriety testing
Date of Last Change: June 10, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-515.5

Utah Admin. Code R714-510-4 Manner of Testing

(1) An individual participating in a 24-7 program for in person alcohol testing shall:

(a) appear at the designated law enforcement agency or testing site twice a day, both between the hours of 6-8 am and 6-8 pm;

(b) submit to a portable breath test, and if the portable breath test result indicates alcohol consumption, submit to an Intoxilyzer test for a confirmation result; and

(2) An individual participating in a 24-7 program for drug testing shall:

(a) appear at the designated law enforcement agency or testing site on a random basis as requested;

(b) submit to required drug testing; and

History

KEY: 24-7 Sobriety Program, sobriety testing
Date of Last Change: June 10, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-515.5

Utah Admin. Code R714-510-5 Apparatus to be Used for Testing

(1) The following apparatus are acceptable for use in a 24-7 sobriety program;

(a) portable breath test;

(b) Intoxilyzer test;

(d) oral fluid test;

(e) blood test; and

(f) transdermal alcohol monitoring.

(2) Remote breath test monitoring may be used for an individual participating in a 24-7 sobriety program if the individual:

(a) would have otherwise been approved for use of transdermal alcohol monitoring; and

(b) provides documentation from a physician confirming that the individual has a medical condition that would prohibit the use of transdermal alcohol monitoring.

History

KEY: 24-7 Sobriety Program, sobriety testing
Date of Last Change: June 10, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-515.5

Utah Admin. Code R714-510-6 Participation and Testing Fees

A law enforcement agency that participates in a 24-7 sobriety program may require payment of a testing fee by a person participating in the program as follows:

(1) $30 user fee for enrollment in the 24-7 sobriety program, which will remain with the testing program site;

(2) $2 for each portable breath test or Intoxilyzer test administered, $1 of which will remain with testing program site;

(3) a fee as determined by the law enforcement agency to cover the cost for each urine or oral fluid drug test administered, not to exceed $20, which will remain with the testing program site; and

(4) $10 per day for the use of transdermal alcohol monitoring, $2 of which will remain with testing program site;

(5) $10 per day for the use of remote breath test monitoring, $2 of which will remain with testing program site; and

(6) a reduced fee of $1 for each portable breath test or Intoxilyzer test administered to an individual described in Subsection R714-510-7(2), which will remain with the testing program site.

History

KEY: 24-7 Sobriety Program, sobriety testing
Date of Last Change: June 10, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-515.5

Utah Admin. Code R714-510-7 Partial Testing Fee Waiver for Indigent Individuals

(1) If a court finds an individual who has been ordered to participate in a 24-7 sobriety program indigent, the court shall;

(a) notify the 24-7 sobriety testing program site administrator of the finding;

(b) review the finding after a period of 6 months to determine whether the individual is still indigent; and

(2) An individual who is found to be indigent by the court may only participate in a 24-7 sobriety program through the use of in person portable breath testing or Intoxilyzer testing as described in Subsection R714-510-4(1).

(a) The fee for testing shall be reduced as described in Subsection R714-510-6(6) for an indigent individual.

(4) If the court determines the individual is no longer indigent, the individual will no longer be eligible for a reduced fee under Subsection R714-510-6(6).

(5) An individual will no longer be eligible for a reduced fee under Subsection R714-510-6(6) if:

(a) the court determines the individual is no longer indigent; or

(b) the court fails to notify the 24-7 sobriety testing program site administrator of a subsequent finding related to indigency.

History

KEY: 24-7 Sobriety Program, sobriety testing
Date of Last Change: June 10, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-515.5

Utah Admin. Code R714-510-8 Data Management Technology Plan

A law enforcement agency that participates in a 24-7 sobriety program must use a data management technology plan approved by the department to manage the following:

(1) testing;

(2) data access;

(3) fees;

(4) fee payments; and

(5) any required reports.

History

KEY: 24-7 Sobriety Program, sobriety testing
Date of Last Change: June 10, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-515.5

Utah Admin. Code R714-510-8 Sanction Schedule for Program Noncompliance

(1) A person who tests positive for alcohol or drugs under a 24-7 sobriety program may be subject to the following:

(a) jail commitment of 8 hours for the first occurrence;

(b) jail commitment of 16 hours for the second occurrence;

(d) appear before judge, may be removed from program for the fourth occurrence.

(2) A person who fails to appear for a required test may be subject to the following:

(a) jail commitment of 12 hours for the first occurrence;

(b) jail commitment of 24 hours for the second occurrence;

(d) appear before judge, may be removed from program for the fourth occurrence.

History

KEY: 24-7 Sobriety Program, sobriety testing
Date of Last Change: June 10, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-515.5

R714-550 Rule for Spending Fees Provided under Section 53-1-117

Utah Admin. Code R714-550-1 Purpose

Pursuant to Section 53-1-117, this rule establishes criteria and procedures for the Utah Department of Public Safety to administer revenues from the "Public Safety Restricted Account" established by Section 53-3-106(1); which accrue from fee income pursuant to Sections 41-6-44.30, 53-3-105(29) and 53-3-106(5). Accordingly, these funds shall be used to:

(a) purchase equipment for law enforcement agencies of the state and its political subdivisions to assist them in enforcing alcohol or drug related driving laws;

(b) train peace officers;

(d) fund the managing of DUI related motor vehicles.

History

KEY: drugs, alcohol, fees
Date of Last Change: August 24, 2000
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-117

Utah Admin. Code R714-550-2 Authority

This rule is authorized by Section 53-1-117 which requires the department to make rules establishing criteria and procedures for alcohol or drug enforcement funding.

History

KEY: drugs, alcohol, fees
Date of Last Change: August 24, 2000
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-117

Utah Admin. Code R714-550-3 Law Enforcement Alcohol and Drug Fee Committee

This rule establishes the Law Enforcement Alcohol and Drug Fee Committee (committee) which shall be responsible for assisting the department in awarding funds to purchase equipment, train peace officers, fund peace officer overtime, and develop DUI related vehicle management functions to assist in the enforcement of alcohol or drug related driving laws.

History

KEY: drugs, alcohol, fees
Date of Last Change: August 24, 2000
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-117

Utah Admin. Code R714-550-4 Committee Membership

(1) The committee shall consist of six members made up of one representative from each of the following groups or organizations:

(a) Utah Highway Patrol Superintendent or designee;

(b) Utah Department of Public Safety, Breath Alcohol Program;

(d) Utah Sheriffs Association;

(e) Utah Chiefs of Police Association;

(f) Statewide Association of Prosecutors;

(2) Members of the committee shall:

(a) be approved by the Commissioner of the Utah Department of Public Safety;

(b) be appointed for four year terms; and

(c) cease to be members of the committee immediately upon the termination of their membership in the group or organization they represent.

(3) If a vacancy occurs during the four year term of a committee member, a new member shall be appointed from the same group or organization to complete the term of that member.

(4) The committee shall select a chairman and vice-chairman from among its members.

(5) Four members shall constitute a quorum for committee action.

(6) The department's special counsel shall assist the committee as needed.

History

KEY: drugs, alcohol, fees
Date of Last Change: August 24, 2000
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-117

Utah Admin. Code R714-550-5 Committee Meetings

The committee shall meet at least quarterly for the purpose of reviewing and approving applications from law enforcement agencies.

History

KEY: drugs, alcohol, fees
Date of Last Change: August 24, 2000
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-117

Utah Admin. Code R714-550-6 Applications

Applications for the funding of equipment, training, peace officer overtime, and DUI related vehicle management functions shall be made on department forms and shall be mailed to the committee in care of the department.

History

KEY: drugs, alcohol, fees
Date of Last Change: August 24, 2000
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-117

Utah Admin. Code R714-550-7 Criteria and Awards

The committee shall use the following criteria in approving funding awards:

(a) the effectiveness to which the equipment, training, overtime or DUI related vehicle management funds will be used by the agency seeking to improve enforcment of alcohol or drug related driving laws;

(b) the effectiveness of the equipment, training, overtime or DUI related vehicle management funds in enhancing the agency's ability to prosecute impaired drivers;

(d) the completeness of the agency's application.

History

KEY: drugs, alcohol, fees
Date of Last Change: August 24, 2000
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-117

Utah Admin. Code R714-550-8 Agency Accountability

Law enforcement agencies that receive funding shall:

(a) use the awarded resources only in the manner set forth in the agency's application;

(b) use the awarded resources only to enforce alcohol and drug related driving laws;

(d) cooperate with the committee if and when the committee determines it is necessary to audit agency records, and evaluate use of the funding.

History

KEY: drugs, alcohol, fees
Date of Last Change: August 24, 2000
Notice of Continuation: June 1, 2022
Authorizing, and Implemented or Interpreted Law: 53-1-117

R714-560 Technology and Equipment for Officer-Involved Critical Incident Investigation

Utah Admin. Code R714-560-1 Purpose

(1) The purpose of this rule is to create a program to assist law enforcement agencies through monetary grants to purchase technology and equipment to assist in the investigation of officer-involved critical incidents involving a firearm in accordance with Section 53-1-121.

History

KEY: technology, equipment, officer-involved critical incident
Date of Last Change: September 21, 2023
Notice of Continuation: August 5, 2026
Authorizing, and Implemented or Interpreted Law: 53-1-121

Utah Admin. Code R714-560-2 Authority

This rule is authorized by Section 53-1-121.

History

KEY: technology, equipment, officer-involved critical incident
Date of Last Change: September 21, 2023
Notice of Continuation: August 5, 2026
Authorizing, and Implemented or Interpreted Law: 53-1-121

Utah Admin. Code R714-560-3 Definitions

(1) Terms used in this rule are found in Section 53-1-102.

(2) In addition:

(a) "committee" means the Technology and Equipment for Officer-Involved Critical Incident Investigation Committee established under this rule; and

(b) "equipment" means technology and equipment to assist in the investigation of officer-involved critical incidents involving a firearm that meets the criteria specified in Section 53-1-121.

History

KEY: technology, equipment, officer-involved critical incident
Date of Last Change: September 21, 2023
Notice of Continuation: August 5, 2026
Authorizing, and Implemented or Interpreted Law: 53-1-121

Utah Admin. Code R714-560-4 Technology and Equipment for Officer-Involved Critical Incident Investigation Committee

This rule establishes the Technology and Equipment for Officer-Involved Critical Incident Investigation Committee, which shall be responsible for assisting the department in awarding funds to purchase equipment in accordance with Section 53- 1-121.

History

KEY: technology, equipment, officer-involved critical incident
Date of Last Change: September 21, 2023
Notice of Continuation: August 5, 2026
Authorizing, and Implemented or Interpreted Law: 53-1-121

Utah Admin. Code R714-560-5 Committee Membership

(1) The committee shall consist of six members made up of one representative from each of the following groups or organizations:

(a) Utah Highway Patrol Colonel or designee;

(b) Utah Highway Patrol, Training Section;

(d) Utah Sheriffs Association;

(e) Utah Chiefs of Police Association; and

(f) Statewide Association of Prosecutors.

(2) Members of the committee shall:

(a) be approved by the Commissioner of the Utah Department of Public Safety;

(b) be appointed for four year terms; and

(c) cease to be members of the committee immediately upon the termination of their membership in the group or organization they represent.

(3) If a vacancy occurs during the four year term of a committee member, a new member shall be appointed from the same group or organization to complete the term of that member.

(4) The committee shall select a chair and vice-chair from among its members.

(5) Four members shall constitute a quorum for committee action.

(6) The department's special counsel shall assist the committee as needed.

History

KEY: technology, equipment, officer-involved critical incident
Date of Last Change: September 21, 2023
Notice of Continuation: August 5, 2026
Authorizing, and Implemented or Interpreted Law: 53-1-121

Utah Admin. Code R714-560-6 Committee Meetings

The committee shall meet at least quarterly to review and approve applications from law enforcement agencies.

History

KEY: technology, equipment, officer-involved critical incident
Date of Last Change: September 21, 2023
Notice of Continuation: August 5, 2026
Authorizing, and Implemented or Interpreted Law: 53-1-121

Utah Admin. Code R714-560-7 Applications

(1) Applications for the funding of equipment shall be:

(a) made on department forms;

(b) mailed to the committee in care of the department; and

History

KEY: technology, equipment, officer-involved critical incident
Date of Last Change: September 21, 2023
Notice of Continuation: August 5, 2026
Authorizing, and Implemented or Interpreted Law: 53-1-121

Utah Admin. Code R714-560-8 Criteria and Awards

(1) The committee shall:

(a) evaluate equipment as it becomes available to determine if it meets requirements set forth under Section 53-1-121;

(b) review timely applications submitted by law enforcement agencies as described in Section R714-560-7;

(c) approve funding awards equitably to law enforcement agencies that have submitted completed applications for the purchase of approved equipment; and

(d) notify each law enforcement agency that submitted an application of:

(i) the approval or denial of the application for funding; and

(ii) the amount of funding that will be made available to the law enforcement agency for the purchase of equipment.

(2) In order receive awarded funds for the purchase of equipment, the law enforcement agency shall submit to the committee:

(a) a completed request for reimbursement form for the amount awarded to the law enforcement agency by the committee; and

(b) an invoice for the purchase of equipment that has been approved by the committee.

History

KEY: technology, equipment, officer-involved critical incident
Date of Last Change: September 21, 2023
Notice of Continuation: August 5, 2026
Authorizing, and Implemented or Interpreted Law: 53-1-121

Utah Admin. Code R714-560-9 Agency Accountability

Law enforcement agencies that receive funding shall:

(a) use the awarded resources only in the manner set forth in the agency's application;

(b) use the awarded resources only to purchase technology and equipment to assist in the investigation of officer- involved critical incidents involving a firearm;

(d) cooperate with the committee if and when the committee determines it is necessary to audit agency records, and evaluate use of the funding.

History

KEY: technology, equipment, officer-involved critical incident
Date of Last Change: September 21, 2023
Notice of Continuation: August 5, 2026
Authorizing, and Implemented or Interpreted Law: 53-1-121

R714-561 Suicide Deterrence Grant Program

Utah Admin. Code R714-561-1 Purpose

The purpose of this rule is to create a program to assist county jails through monetary grants to purchase suicide barriers on an upper level of a building to prevent an individual from falling.

History

KEY: suicide deterrence grant, suicide barrier
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 17-22-34

Utah Admin. Code R714-561-2 Authority

This rule is authorized by Section 17-22-34.

History

KEY: suicide deterrence grant, suicide barrier
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 17-22-34

Utah Admin. Code R714-561-3 Definitions

Terms used in this rule are found in Section 17-22-34.

History

KEY: suicide deterrence grant, suicide barrier
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 17-22-34

Utah Admin. Code R714-561-4 Applications

(1) A county jail applying for the funding of suicide barriers shall submit the application to the department:

(a) on a form provided by the department; and

(b) submitted no later than May 1 each year.

(2) In order receive awarded funds for the purchase of equipment, the law enforcement agency shall submit to the department a completed application form that includes:

(a) criteria listed in Subsection 17-22-34(3)(a); and

(b) the total amount of funding being requested.

History

KEY: suicide deterrence grant, suicide barrier
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 17-22-34

Utah Admin. Code R714-561-5 Eligibility Criteria for Grant Funding

In addition to the criteria established under Subsection 17-22-34(3)(b) the department may consider other relevant information to determine eligibility for grant funding such as the:

(1) total amount of funding available for disbursement;

(2) order in which applications are received;

(3) total amount of funding requested; and

(4) intended use of the funding requested.

History

KEY: suicide deterrence grant, suicide barrier
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 17-22-34

Utah Admin. Code R714-561-6 Method and Formula for Determining a Grant Amount

The department shall:

(1) review timely applications submitted by law enforcement agencies;

(2) evaluate each proposal submitted with an application to determine if it meets requirements set forth under Section 17-22-34;

(3) approve funding awards equitably to law enforcement agencies that have submitted completed applications for the purchase of approved equipment; and

(d) notify each law enforcement agency that applied of:

(i) the approval or denial of the application for funding; and

(ii) the amount of funding that will be made available to the law enforcement agency for the purchase of equipment.

History

KEY: suicide deterrence grant, suicide barrier
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 17-22-34

Utah Admin. Code R714-561-7 Grant Recipient Reporting Requirements

County jails that receive funding shall:

(a) use the awarded resources only in the manner set forth in the agency's application;

(b) use the awarded resources only to purchase an approved suicide barrier;

(d) maintain records for five years sufficient to show how the funding is used; and

(e) cooperate with the department if and when the department determines it is necessary to audit agency records, and evaluate use of the funding.

History

KEY: suicide deterrence grant, suicide barrier
Date of Last Change: November 21, 2023
Authorizing, and Implemented or Interpreted Law: 17-22-34

R714-562 Early Intervention System Grant Program

Utah Admin. Code R714-562-1 Purpose

The purpose of this rule is to create a program to assist law enforcement agencies through monetary grants to establish early intervention systems.

History

KEY: early intervention system, early intervention grant program
Date of Last Change: January 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-14-202, 53-14-203

Utah Admin. Code R714-562-2 Authority

This rule is authorized by Sections 53-14-202 and 53-14-203.

History

KEY: early intervention system, early intervention grant program
Date of Last Change: January 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-14-202, 53-14-203

Utah Admin. Code R714-562-3 Definitions

(1) Terms used in this rule are found in Section 53-14-201.

(2) In addition:

(a) "commissioner" means the commissioner of the Department of Public Safety;

(b) "committee" means the Early Intervention System Grant Program Committee established under this rule;

(d) "law enforcement agency" means the same as defined in Section 53-1-102.

History

KEY: early intervention system, early intervention grant program
Date of Last Change: January 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-14-202, 53-14-203

Utah Admin. Code R714-562-4 Early Intervention System Grant Program Committee

This rule establishes the Early Intervention System Grant Program Committee, which shall be responsible for assisting the department in awarding funds to law enforcement agencies to buy an early intervention system in accordance with Section 17-22-34.

History

KEY: early intervention system, early intervention grant program
Date of Last Change: January 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-14-202, 53-14-203

Utah Admin. Code R714-562-5 Committee Membership

(1) The committee shall consist of three members made up of one representative from each of the following groups or organizations:

(a) Utah Highway Patrol Colonel or designee;

(b) Utah Sheriffs Association; and

(2) Members of the committee shall:

(a) be approved by the commissioner;

(b) be appointed for four year terms; and

(c) cease to be members of the committee immediately upon the termination of their membership in the group or organization they represent.

(3) If a vacancy occurs during the four year term of a committee member, a new member shall be appointed from the group or organization to complete the term of that member.

(4) The committee shall select a chair and vice-chair from among its members.

(5) Two members shall constitute a quorum for committee action.

(6) The department's special counsel shall assist the committee as needed.

History

KEY: early intervention system, early intervention grant program
Date of Last Change: January 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-14-202, 53-14-203

Utah Admin. Code R714-562-6 Committee Meetings

The committee shall meet at least quarterly, until all grant funding appropriated by the Legislature has been spent, to review and approve applications from law enforcement agencies.

History

KEY: early intervention system, early intervention grant program
Date of Last Change: January 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-14-202, 53-14-203

Utah Admin. Code R714-562-7 Applications

Applications for the funding of early intervention systems shall:

(1) be made on department forms, or other forms if they contain the information included on department forms;

(2) include criteria required under Section 53-14-203; and

(3) meet minimum standards as required by the department under Section R714-562-11.

History

KEY: early intervention system, early intervention grant program
Date of Last Change: January 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-14-202, 53-14-203

Utah Admin. Code R714-562-8 Eligibility Criteria and Awards

(1) The committee shall review timely applications from law enforcement agencies to determine:

(a) the agency does not currently have:

(i) an early intervention system in place; or

(ii) an early intervention system in place that meets the requirements under Sections 53-14-202 and 53-14-203; and

(b) the system the agency seeks to establish meets the minimum standards under Section R714-562-11.

(2) The committee shall approve funding awards to law enforcement agencies that have submitted completed applications to establish an early intervention system:

(a) that meet the requirements of this rule; and

(b) in amounts established under Section R714-562-9.

(3) The department shall notify each law enforcement agency that applied for grant funding of:

(a) the approval or denial of the application for funding; and

(b) the amount of funding that will be made available to the law enforcement agency.

History

KEY: early intervention system, early intervention grant program
Date of Last Change: January 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-14-202, 53-14-203

Utah Admin. Code R714-562-9 Method and Formula for Determining a Grant Amount

The committee shall award grant funding to law enforcement agencies based on the criteria included in the application in an amount not to exceed:

(1) for an agency that employs 49 officers or less, $15,700;

(2) for an agency that employs between 50 and 99 officers, $18,700;

(3) for an agency that employs between 100 and 149 officers, $20,700;

(4) for an agency that employs between 150 and 249 officers, $23,700;

(5) for an agency that employs between 250 and 349 officers, $27,700; and

(6) for an agency that employs 350 or more officers, $31,700.

History

KEY: early intervention system, early intervention grant program
Date of Last Change: January 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-14-202, 53-14-203

Utah Admin. Code R714-562-10 Grant Recipient Reporting Requirements

(1) Law enforcement agencies that receive funding shall:

(a) use the awarded resources only in the manner set forth in Section 53-14-203;

(b) use the awarded resources only to initially establish an early intervention system that meets the requirements of this rule;

(d) maintain records for five years sufficient to show how the funding is used; and

(e) cooperate with the committee if and when the committee determines it is necessary to audit agency records, and evaluate use of the funding.

(2) If the law enforcement agency does not spend the funds for purposes specified in Section 53-14-203, the law enforcement agency shall return any grant funds back to the department.

History

KEY: early intervention system, early intervention grant program
Date of Last Change: January 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-14-202, 53-14-203

Utah Admin. Code R714-562-11 Early Intervention System Minimum Standards

The minimum standards that an early intervention system shall meet in order for a law enforcement agency to comply with Subsection 53-14-202(1) include:

(1) the ability to record the following in relation to each law enforcement officer employed by the agency:

(a) citizen inquiries, complaints, commendations, or other concerns or requests for information;

(b) investigations or reviews of officer conduct, complaints, use of force, or other significant incidents, commendations; and

(c) other related information as determined by the agency that may include training, corrective or disciplinary actions, investigation findings or review findings;

(2) an alert process, function, or system to bring attention to the agency regarding officer patterns, frequency, or significant incidents that should result in a formal review; and

(3) the ability to maintain information considered part of an officers internal personnel file, and to be shared only pursuant to Section 53-14-103.

History

KEY: early intervention system, early intervention grant program
Date of Last Change: January 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-14-202, 53-14-203

R714-570 Mental Health Resources for First Responders Grant Funding

Utah Admin. Code R714-570-1 Purpose

The purpose of this rule is to create a program to assist first responder agencies through monetary grants to provide mental health resources for first responders in accordance with Section 53-21-103.

History

KEY: mental health resources, first responder, first responder agency
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: 53-21-103

Utah Admin. Code R714-570-2 Authority

This rule is authorized by Section 53-21-103.

History

KEY: mental health resources, first responder, first responder agency
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: 53-21-103

Utah Admin. Code R714-570-3 Definitions

(1) Terms used in this rule are found in Section 53-21-101.

(2) In addition:

(a) "assessment" means an in-depth clinical interview and ongoing process of information gathering conducted by a licensed mental health therapist to determine if an individual is in need of mental health or substance use disorder treatment and to develop a treatment plan;

(b) "committee" means the Mental Health Resources for First Responders Grant Funding Committee established under this rule; and

(c)"screening" means a preliminary evaluation to determine whether key features of a substance use disorder or mental health disorder are present in an individual.

History

KEY: mental health resources, first responder, first responder agency
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: 53-21-103

Utah Admin. Code R714-570-4 Mental Health Resources for First Responders Grant Funding Committee

This rule establishes the Mental Health Resources for First Responders Grant Funding Committee, which shall be responsible for assisting the department in awarding funds to first responder agencies to provide mental health resources for first responders in accordance with Section 53-21-103 .

History

KEY: mental health resources, first responder, first responder agency
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: 53-21-103

Utah Admin. Code R714-570-5 Committee Membership

(1) The committee shall consist of seven members made up of one representative from each of the following groups or organizations:

(a) Utah Department of Public Safety Commissioner or designee;

(b) Utah Highway Patrol Colonel or designee;

(d) Utah Chiefs of Police Association;

(e) Utah State Fire Chiefs Association;

(f) Utah Association of Counties; and

(g) League of Cities and Towns.

(2) Members of the committee shall:

(a) be approved by the Commissioner of the Utah Department of Public Safety;

(b) be appointed for four-year terms; and

(c) cease to be members of the committee immediately upon the termination of their membership in the group or organization they represent.

(3) If a vacancy occurs during the four-year term of a committee member, a new member shall be appointed from the same group or organization to finish the term of that member.

(4) The committee chair shall be the Utah Department of Public Safety Commissioner or designee.

(5) Four members shall constitute a quorum for committee action.

(6) The department's special counsel shall assist the committee as needed.

History

KEY: mental health resources, first responder, first responder agency
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: 53-21-103

Utah Admin. Code R714-570-6 Committee Meetings

The committee shall meet at least quarterly to review and approve applications from first responder agencies.

History

KEY: mental health resources, first responder, first responder agency
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: 53-21-103

Utah Admin. Code R714-570-7 Applications

(1) Applications for grant funding shall:

(a) be made on department forms;

(b) include criteria required under Section 53-21-103;

(d) be sent to the committee in care of the department; and

(e) be submitted before March 31, 2024.

(2) A group of first responder agencies may jointly apply for grant funding to provide mental health resources for first responders.

(a) The group of agencies shall designate one first responder agency as the lead agency.

(b) The lead agency shall:

(i) take responsibility for applying for grant funding in behalf of the group of first responder agencies in accordance with Subsection R714-570-7(1);

(ii) provide oversight of the mental health resources program for the group of agencies;

(iii) maintain accounting records; and

(iv) ensure that mental health resources are available to first responders employed by the group of first responder agencies and their family members, and first responders that have retired or separated from the group of first responder agencies and their spouses, as required under Section 53-21-102.

History

KEY: mental health resources, first responder, first responder agency
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: 53-21-103

Utah Admin. Code R714-570-8 Criteria and Awards

(1) The committee shall:

(a) review timely applications submitted by first responder agencies;

(b) prioritize grant funding as required under Subsection 53-21-103(6); and

(c) approve funding awards for first responder agencies that have submitted completed applications that meet the requirements under Section 53-21-103.

(2) The committee shall notify each first responder agency that applied for grant funding of:

(a) the approval or denial of the application for funding; and

(b) the amount of funding that will be made available to first responder agency.

(3) An agency awarded grant funding shall ensure that mental health resources are made available within 60 days of receipt of grant funding to first responders, family members of first responders, retired or separated first responders, and spouses of retired or separated first responders.

History

KEY: mental health resources, first responder, first responder agency
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: 53-21-103

Utah Admin. Code R714-570-9 Agency Accountability

(1) First responder agencies that receive funding shall:

(a) use the awarded resources only in the manner set forth in Section 53-21-103;

(b) maintain records for five years sufficient to show how the funding is used;

(c) cooperate with the committee if and when the committee determines it is necessary to audit agency records, and evaluate use of the funding; and

(d) provide a quarterly report to the committee that includes:

(i) the amount of grant funding awarded to the agency;

(ii) the amount of grant funding spent by the agency, and the purposes for which the grant funding was spent;

(iii) the amount of grant funding not yet spent by the agency;

(iv) the number of first responders, family members of first responders, retired or separated first responders, and spouses of retired or separated first responders served; and

(v) the types of services provided.

(2) If the committee determines that an agency has used grant funding for purposes not specified in Section 53-21-103, the agency shall return the grant funding to the committee.

History

KEY: mental health resources, first responder, first responder agency
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: 53-21-103

R714-600 Performance Standards for Tow Truck Motor Carriers

Utah Admin. Code R714-600-1 Authority

This rule is authorized by Subsection 41-6a-1406(10) which provides that the department shall make rules setting the performance standards for towing companies to be used by the department.

History

KEY: towing, motor carrier, law enforcement
Date of Last Change: August 1, 2011
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1406; 53-1-106(1)(a)(i)

Utah Admin. Code R714-600-2 Purpose

The purpose of this rule is to establish procedures for a tow truck to be dispatched when a sworn officer requests the removal and towing of a motor vehicle.

History

KEY: towing, motor carrier, law enforcement
Date of Last Change: August 1, 2011
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1406; 53-1-106(1)(a)(i)

Utah Admin. Code R714-600-3 Definitions

(1) Definitions used in the rule are found in Sections 41-6a-102, 53-10-102, 69-2-2, and 72-9-102.

(2) In addition:

(a) "department dispatch center" means a dispatch center which is operated or maintained by the department;

(b) "department dispatcher" means an employee of a dispatch center operated or maintained by the department whose primary duties are to receive calls for emergency police, fire, and medical services, and to dispatch the appropriate personnel and equipment in response to the calls;

(c) "dispatch center" means a facility which acts as a public safety answering point and provides emergency dispatch and communications support to sworn officers;

(d) "sworn officer" means a peace officer who is employed by the department;

(e) "tow truck" means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, repossessed or impounded vehicles from highway or other place by means of a crane, hoist, tow bar, tow line, dolly tilt bed, or other similar means of vehicle transfer without its own power or control;

(f) "tow truck motor carrier" means any company that provides for-hire, private, salvage, or repossession towing services and includes all of the company's agents, officers, representatives and employees; and

(g) "UHP" means the Department of Public Safety, Utah Highway Patrol.

History

KEY: towing, motor carrier, law enforcement
Date of Last Change: August 1, 2011
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1406; 53-1-106(1)(a)(i)

Utah Admin. Code R714-600-4 Dispatch of a Tow Truck

(1) When a sworn officer determines that a vehicle must be removed from a highway or other place, the sworn officer shall contact the dispatch center which provides service for that area and request that a tow truck motor carrier be contacted so a tow truck can be dispatched.

(2) The sworn officer will provide the dispatch center with the location, make, model and license number of the vehicle that is to be removed.

(3) If the dispatch center is operated or maintained by the department, the dispatch center shall determine which tow truck motor carrier to contact according to the this rule.

(4) Nothing in this rule precludes the owner of a vehicle from contacting a tow truck motor carrier directly to make arrangements for the removal of the vehicle.

History

KEY: towing, motor carrier, law enforcement
Date of Last Change: August 1, 2011
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1406; 53-1-106(1)(a)(i)

Utah Admin. Code R714-600-5 The Creation and Maintenance of a Towing Rotation List

(1)(a) The UHP may assign a coordinator in each section office to create and maintain a towing rotation list of approved tow truck motor carriers in the area.

(b) If a towing rotation list is created, the coordinator shall be responsible for providing a copy of the current towing rotation list to the dispatch center that provides dispatch services for the area.

(2)(a) In order to be considered for inclusion on a UHP towing rotation list in a particular area, a tow truck motor carrier shall complete a UHP Towing Rotation Application and Agreement and submit it to the coordinator who is responsible for that area.

(b) A tow truck motor carrier shall complete a new UHP Towing Rotation Application and Agreement on or before July 1 st of each year.

(c) A truck motor carrier may be included on the towing rotation list, if it meets the requirements described in the UHP Towing Rotation Application and Agreement.

(3) The towing rotation list will contain the following information on each tow truck motor carrier:

(i) the business name and phone number of the tow truck motor carrier;

(ii) the names and phone numbers of all tow truck operators;

(iii) after-hours contact information for the tow truck motor carrier; and

(iv) whether the tow truck motor carrier has the ability to perform any special services.

(4) A tow truck motor carrier must notify the coordinator if the tow truck motor carrier is out of service or unavailable so the tow truck motor carrier may be temporarily removed from the towing rotation list.

(5)(a) A tow truck motor carrier may be permanently removed from the towing rotation list, after notice and an opportunity to respond to the allegations, if any of the following occur:

(i) a tow truck motor carrier fails to comply with any of the requirements found in Title 72, Chapter 9, Part 6, of the Utah Code or R909-19 and R873-22M-17 of the Utah Administrative Code;

(ii) a tow truck motor carrier is operating in violation of the law or has engaged in practices which are a violation of law;

(iii) a tow truck motor carrier's continued unavailability disrupts the operation of a department dispatch center;

(iv) a tow truck motor carrier routinely fails to respond to requests for service in a timely manner;

(v) a tow truck motor carrier refuses to retrieve abandoned vehicles; or

(vi) a tow truck motor carrier violates any of the terms and conditions contained in the UHP Towing Rotation Application and Agreement.

History

KEY: towing, motor carrier, law enforcement
Date of Last Change: August 1, 2011
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1406; 53-1-106(1)(a)(i)

Utah Admin. Code R714-600-6 Dispatch of Tow Truck Motor Carriers by the Department

(1)(a) When a sworn officer contacts a department dispatch center and requests that a tow truck motor carrier be dispatched, a department dispatcher will immediately contact a tow truck motor carrier on the towing rotation list provided by the coordinator for that area.

(b) Department dispatchers will contact tow truck motor carriers in the order they appear on the towing rotation list.

(2) Department dispatchers will provide the tow truck motor carrier with information regarding the nature of the call so the tow truck motor carrier may determine if the tow truck motor carrier is able to handle the call.

(3)(a) If a tow truck motor carrier fails to respond when contacted by a department dispatcher or the tow truck motor carrier is unable to respond to the call, the department dispatcher will contact the next tow truck motor carrier on the towing rotation list.

(b) A tow truck motor carrier who fails to respond or who is unable to respond to a call, will not be contacted by a department dispatcher until the next time that the tow truck motor carrier's name appears on the towing rotation list.

(4)(a) If a department dispatcher contacts a tow truck motor carrier who is available but is not equipped for the specific type of service requested, the department dispatcher will continue to contact tow truck motor carriers on the towing rotation list until a tow truck motor carrier is found who is equipped to handle the request for service.

(b) A tow truck motor carrier's inability to provide requested services for lack of equipment, does not affect the tow truck motor carrier's place on the towing rotation list.

(5) If a tow truck motor carrier responds to a call from dispatch but tow services are later determined not to be necessary, the tow truck motor carrier will be contacted the next time that tow services are needed.

(6) If a tow truck motor carrier responds to a department dispatcher's request for service and arrives at the location specified by the sworn officer, the tow truck motor carrier must provide the requested services unless the tow truck motor carrier is mechanically unable to do so.

(7) The performance of tow services that are not at the request of a department dispatcher will not affect the tow truck motor carrier's place on the towing rotation list.

(8)(a) Each department dispatch center shall maintain a log of all of the requests for service made to certified tow truck motor carriers.

(b) The log of requests for service shall contain the following information:

(i) the date and time of the call for service;

(ii) the officer requesting service;

(iii) the reason for the request;

(iv) the description of the vehicle, including the license plate number;

(v) the location of the vehicle;

(vi) the certified tow truck motor carrier contacted;

(vii) whether the tow truck motor carrier responded to the request for service; and

(viii) the department dispatcher's initials and any remarks.

History

KEY: towing, motor carrier, law enforcement
Date of Last Change: August 1, 2011
Notice of Continuation: May 29, 2024
Authorizing, and Implemented or Interpreted Law: 41-6a-1406; 53-1-106(1)(a)(i)

R722 Criminal Investigations and Technical Services, Criminal Identification

R722-110 Public Access to Sex, Kidnap, and Child Abuse Offender Registration Information

Utah Admin. Code R722-110-1 Authority

This rule is authorized under Section 53-29-402.

History

KEY: sex offender, kidnap offender, child abuse offender, registry
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-29-402

Utah Admin. Code R722-110-2 Purpose

The purpose of the rule is to establish the process for obtaining sex, kidnap, and child abuse offender registration information.

History

KEY: sex offender, kidnap offender, child abuse offender, registry
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-29-402

Utah Admin. Code R722-110-3 Definitions

(1) Terms used in this rule are defined in Sections 53-1-102 and 53-29-101.

(2) In addition, "Sex, Kidnap and Child Abuse Offender Registry" means the Sex, Kidnap, and Child Abuse Offender Registry created under Section 53-29-102.

History

KEY: sex offender, kidnap offender, child abuse offender, registry
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-29-402

Utah Admin. Code R722-110-4 Public Access to Sex, Kidnap, and Child Abuse Offender Registration Information

(1) If a member of the public does not have access to the Sex, Kidnap, and Child Abuse Offender Registry website, they may request offender registration information from the department.

(2) Requests for offender registration information may be made in writing or by telephone.

(a) Requests made in writing shall:

(i) include a return address and telephone number; and

(ii) be sent to the Utah Department of Public Safety, 4315 South 2700 W, Suite 1300, Taylorsville, UT 84129.

(b) If a requestor changes their residence after having submitted a request, but before receiving a response from the department, it is the requestor's obligation to file another request with a current return address and telephone number.

History

KEY: sex offender, kidnap offender, child abuse offender, registry
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-29-402

R722-300 Concealed Firearm Permit and Instructor Rule

Utah Admin. Code R722-300-1 Purpose

This rule establishes procedures for administering the Concealed Firearms Permit program in accordance with Title 53, Chapter 5a, Part 7, Concealed Firearms Permits.

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

Utah Admin. Code R722-300-2 Authority

This rule is authorized by Subsection 53-5a-303(18), which provides that the commissioner may make rules necessary to administer Title 53, Chapter 5a, Firearms Law, and Subsection 53-5a-309(3).

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

Utah Admin. Code R722-300-3 Definitions

(1) Terms used in this rule are defined in Sections 53-5a-301, 53-5a-311, and 53-5a-101.5.

(2) In addition:

(a) "applicant" means an individual seeking to obtain or renew a permit, a temporary permit, an instructor certification, or an LEOJ permit from the bureau;

(b) "certified firearms instructor" means an individual certified by the bureau pursuant to Subsection 53-5a-303(9) who can certify that an applicant meets the general firearm familiarity requirement under Subsection 53-5a-303(8);

(c) " certified firearms instructor official seal" means a red, self-inking stamp containing the information required in Subsection 53-5a-303(11)(a)(iii), which meets the design requirements described on the bureau's website;

(d) "crime of violence" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States which has, as an element, the use, threatened use, or attempted use of physical force or a dangerous weapon;

(e) "felony" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States for which the penalty is a term of imprisonment in excess of one year;

(f) "FBI" means the Federal Bureau of Investigation;

(g) "instructor certification" means a concealed firearm instructor certification issued by the bureau pursuant to Subsection 53-5a-303(9);

(h) "LEOJ permit" means a permit to carry a concealed firearm issued to a judge or law enforcement official by the bureau pursuant to Section 53-5a-311;

(i) "nonresident" means a person who:

(i) does not live in Utah; or

(ii) has established a domicile outside Utah, as that term is defined in Section 41-1a-202;

(j) "NRA" means the National Rifle Association;

(k) "offense involving domestic violence" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving any of the conduct described in:

(i) Section 77-36-1; or

(ii) 18 U.S.C Subsection 921(a)(33);

(l) "offense involving moral turpitude" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving conduct that:

(i) is done knowingly contrary to justice, honesty, or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another's property;

(m) "offense involving the use of alcohol" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving any of the conduct described in:

(i) Section 32B-4-409;

(ii) Section 32B-4-421;

(iii) Subsection 41-6a-501(2) related to the use of alcohol;

(iv) Section 41-6a-526; or

(v) Section 76-11-217 related to carrying a dangerous weapon while under the influence of alcohol;

(n) "offense involving the unlawful use of narcotics or controlled substances" means:

(i) any offense listed in Subsection 41-6a-501(2) involving the use of a controlled substance;

(ii) any offense involving the use or possession of any controlled substance found in Title 58, Chapter 37, Utah Controlled Substances Ace, Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act; or

(iii) the crime of carrying a dangerous weapon while under the influence of a controlled substance pursuant to Section 76-11-217;

(o) "past pattern of behavior involving unlawful violence" means verifiable incidents, regardless of whether there has been an arrest or conviction, that would lead a reasonable person to believe that an individual has a violent nature and would be a danger to themselves or others, including an attempt or threat to commit suicide;

(p) "permit" means a permit to carry a concealed firearm issued by the bureau pursuant to Section 53-5a-303 or 53-5a- 304;

(q) "POST" means the Utah Department of Public Safety, Division of Peace Officer Standards and Training;

(r) "revocation" means the permanent deprivation of a permit, instructor certification, or certificate of qualification, however revocation does not preclude an individual from applying for a new permit, instructor certification, or certificate of qualification if the reason for revocation no longer exists;

(s) "suspension" means the temporary deprivation, for a specified period of a permit, instructor certification, or certificate of qualification; and

(t) "temporary permit" means a temporary permit to carry a concealed firearm issued by the bureau pursuant to Section 53-5a-305.

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

Utah Admin. Code R722-300-4 Application for a Permit to Carry a Concealed Firearm

(1)(a) An applicant seeking to obtain a permit shall submit a completed permit application packet to the bureau.

(i) The bureau may not accept an application more than:

(A) 90 days before the applicant's date of permit eligibility; or

(B) 90 days before a provisional permit holder's 21st birthday.

(b) The permit application packet shall include:

(i) a written application form provided by the bureau with the address of the applicant's permanent residence;

(ii) a photocopy of a state-issued driver license or identification card;

(iii) one recent color photograph of passport quality that contains the applicant's name written on the back of the photograph, unless the applicant submitted a photo that meets these requirements to the bureau within the previous three years;

(iv) one completed FBI applicant fingerprint card, Form FD-258, with the applicant's legible fingerprints;

(v) non-refundable fees as required under Sections 53-5a-307, 53-5a-308, and 53-10-108, and a fee for services provided by the FBI to conduct a federal background check as provided in Subsections 53-5a-307(6)(a) and 53-5a-308(4)(a), in the form of cash, check, money order, or credit card;

(vi) evidence indicating that the applicant has general familiarity with the types of firearms to be concealed as required by Subsection 53-5a-303(6)(d);

(vii) any mitigating information that the applicant wishes the bureau to consider when determining whether the applicant meets the qualifications set forth in Subsection 53-5a-303(2)(a); and

(viii) a copy of the applicant's current concealed firearm or weapon permit or provisional concealed firearm or weapon permit issued by the applicant's state of residency pursuant to Subsections 53-5a-303(4)(a) and 53-5a-304(3)(a), unless the applicant is an active duty service member who presents orders requiring the active duty service member to report for duty in Utah or an active duty service member spouse who presents the active duty service member's orders requiring the service member to report for duty in Utah.

(2) An applicant may establish evidence of general familiarity with the types of firearms to be concealed as required in Subsection 53-5a-303(6)(d) by submitting a signed certificate, issued within one year of the date of the application, bearing a certified firearms instructor's official seal, certifying that the applicant has completed the required firearms course of instruction established by the bureau.

(3) If the applicant is employed as a law enforcement officer, the applicant:

(a) may not be required to pay the application fee; and

(b) may establish evidence of general familiarity with the types of firearms to be concealed as required in Subsection 53-5a-303(6)(d) by submitting documentation from a law enforcement agency located within Utah indicating that the applicant has successfully completed the firearm qualification requirements of that agency within the last five years.

(4)(a) Upon receipt of a complete permit application packet, the bureau shall conduct a thorough background investigation to determine if the applicant meets the requirements found in Subsections 53-5a-303(2) and 53-5a-303(3).

(b) The background investigation shall consist of the following:

(i) sending the fingerprint card to the FBI for a review of the applicant's criminal history record pursuant to Section 53- 5a-306; and

(ii) verifying the accuracy of the information provided in the application packet through a search of local, state and national records that may include the following:

(A) the Utah Computerized Criminal History database;

(B) the National Crime Information Center database;

(D) state driver license records;

(E) the Utah Statewide Warrants System;

(F) juvenile court criminal history files;

(G) expungement records maintained by the bureau;

(H) the National Instant Background Check System;

(I) the Utah Gun Check Inquiry Database;

(J) Immigration and Customs Enforcement records;

(K) Utah Department of Corrections Offender Tracking System; and

(L) the Mental Gun Restrict Database.

(5)(a) If the background check indicates that an applicant does not meet the qualifications set forth in Subsection 53- 5a-303(2)(a), the bureau shall consider any mitigating circumstances submitted by the applicant.

(b) If the applicant does not meet the qualifications set forth in Subsection 53-5a-303(2)(a) because the applicant has been convicted of a crime, the bureau may find that mitigating circumstances exist if the applicant was not convicted of a registerable sex offense, as defined in Section 53-29-202 and the following time periods have elapsed from the date the applicant was convicted or released from incarceration, parole, or probation, whichever occurred last:

(i) five years in the case of a class A misdemeanor;

(ii) four years in the case of a class B misdemeanor; or

(iii) three years in the case of any other misdemeanor or infraction.

(c) Notwithstanding any other provision, the bureau may not grant a permit if the applicant does not meet the qualifications in Subsection 53-5a-303(2)(a)(viii).

(6)(a) If the bureau determines that the applicant meets the requirements found in Subsections 53-5a-303(2) and 53-5a- 303(3), the bureau shall issue a permit to the applicant within 60 days.

(b) The permit shall be mailed to the applicant at the address listed on the application.

(7)(a) If the bureau determines that the applicant does not meet the requirements found in Subsections 53-5a-303(2), 53-5a-303(3), and 53-5a-303(4), the bureau shall mail a letter of denial to the applicant, return receipt requested.

(b) The denial letter shall state the reasons for denial and state that the applicant has a right to request a review hearing before the board by filing a petition for review within 60 days as provided in Subsection 53-5a-303(16).

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

Utah Admin. Code R722-300-5 Application for a Concealed Firearms Instructor Certification

(1)(a) An applicant seeking to be certified as a concealed firearms instructor shall submit a completed instructor certification application packet to the bureau.

(b) The instructor certification application packet shall include:

(i) a written instructor certification application form provided by the bureau with the applicant's residential or physical address and public contact information;

(ii) a photocopy of a state-issued driver license or identification card;

(iv) a photocopy of a valid Utah concealed firearm permit;

(v) a non-refundable processing fee in the form of cash, check, money order, or credit card;

(vi) evidence that the applicant has completed a firearm instructor training course from the NRA or POST, or received training equivalent to one of these courses, as required by Subsection 53-5a-303(9)(iii); and

(vii) evidence that the applicant has completed the course of instruction provided under the direction of the bureau and passed the certification test provided in Subsection 53-5a-303(9)(c), within one year of the date of the application.

(2)(a) An applicant who has not completed a firearm instructor training course from the NRA or POST, may meet the requirement in Subsection R722-300-5(1)(b)(v) by providing evidence that the applicant has completed a firearm instructor training course that is at least eight hours long and includes the following training components:

(i) instruction and demonstration on:

(A) the safe, effective, and proficient use and handling of firearms;

(B) firearm draw strokes;

(D) the parts and operation of a handgun;

(E) firearm ammunition and ammunition malfunctions, including misfires, hang fires, squib loads, and defensive or protection ammunition vs. practice ammunition;

(F) firearm malfunctions, including failure to fire, failure to eject, feed way stoppage and failure to go into battery;

(G) shooting fundamentals, including shooter's stance; and

(H) firearm range safety rules; and

(ii) a practical exercise with a proficiency qualification course consisting of not less than 30 rounds and a required score of 80% or greater to pass.

(b) The evidence required in Subsection R722-300-5(2)(a) shall include a copy of the:

(i) course completion certificate showing the date the course was completed and the number of training hours completed; and

(ii) training curriculum for the course completed.

(3)(a) If the bureau determines that an applicant meets the requirements found in Subsection 53-5a-303(9), the bureau shall issue an instructor certification to the applicant.

(b) An instructor certification identification card shall be mailed to the applicant at the residential or physical address listed on the application.

(4)(a) If the bureau determines that the applicant does not meet the requirements found in Subsection 53-5a-303(9), the bureau shall mail a denial letter to the applicant, return receipt requested.

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

Utah Admin. Code R722-300-6 Renewal of a Concealed Firearms Permit or Concealed Firearms Instructor Certification

(1)(a) An applicant seeking to renew a permit or an instructor certification shall submit a completed renewal packet to the bureau.

(b) The renewal packet for an applicant seeking to renew a permit shall include:

(i) a written or electronic renewal form provided by the bureau with the current address of the applicant's permanent residence;

(ii) a copy of the applicant's current concealed firearm or weapon permit or provisional concealed firearm or weapon permit issued by the applicant's state of residency pursuant to Subsections 53-5a-303(4)(a) and 53-5a-304(3)(a), unless the applicant is an active duty service member who presents orders requiring the active duty service member to report for duty in Utah or an active duty service member spouse who presents the active duty service member's orders requiring the service member to report for duty in Utah;

(iii) one recent color photograph of passport quality:

(A) unless the licensee submitted a photo that meets these requirements to the bureau within the previous five years; and

(B) if the renewal application is not submitted electronically, the photo must contain the applicant's name written on the back of the photograph; and

(iv) a non-refundable processing fee in the form of cash, check, money order, or credit card, unless the applicant is an active duty service member who presents orders requiring the active duty service member to report for duty in Utah or an active duty service member spouse who presents the active duty service member's orders requiring the service member to report for duty in Utah.

(v) Before renewal of a permit, an applicant shall watch the firearm safety and suicide prevention video described in Section R722-300-12, and affirm that the applicant has watched the video in connection with the application process.

(i) a written or electronic renewal form provided by the bureau with the applicant's residential or physical address and the applicant's public contact information;

(ii) one recent color photograph of passport quality:

(A) unless the applicant submitted a photo that meets these requirements to the bureau within the previous three years; and

(B) if the renewal application is not submitted electronically, the photo must contain the applicant's name written on the back of the photograph;

(iii) a photocopy of a valid Utah concealed firearm permit;

(iv) a non-refundable processing fee in the form of cash, check, money order, or credit card; and

(v) evidence that the instructor has completed the course of instruction provided under the direction of the bureau and passed the certification test provided in Subsection 53-5a-303(9)(c), within one year of the date of the application.

(vi) The course of instruction for instructor certification renewal may be completed in person or via an online training course administered by the bureau.

(2) A renewal packet may be submitted no earlier than 90 days before the expiration of a current permit or certification.

(3)(a) A late fee will be collected for renewal packets submitted on a permit or an instructor certification that has been expired for more than 30 days but less than one year.

(b) Renewal packets for a permit or an instructor certification which has been expired for more than one year will not be accepted and the applicant will have to re-apply for a permit or an instructor certification.

(4) When renewing a permit or an instructor certification the bureau shall conduct a background investigation.

(5)(a) If the bureau determines that the applicant meets the requirements to renew a permit or an instructor certification, the bureau shall mail the renewed permit or instructor certification identification card to the applicant.

(b) The renewed permit or instructor certification identification card shall be mailed to the applicant at the address listed on the renewal application.

(6)(a) If the bureau determines that the applicant does not meet the requirements to renew a permit or an instructor certification, the bureau shall mail a denial letter to the applicant, return receipt requested.

(7) Provisional permits issued pursuant to Section 53-5a-304 may not be renewed.

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

Utah Admin. Code R722-300-7 Application for a Temporary Permit to Carry a Concealed Firearm

(1)(a) To obtain a temporary permit an applicant shall submit a completed permit application packet to the bureau as provided by Section R722-300-4.

(b) In addition, the applicant shall provide written documentation to establish extenuating circumstances that would justify the need for a temporary permit to carry a concealed firearm.

(2) When reviewing an application for a temporary permit to carry a concealed firearm the bureau shall conduct the same background investigation as provided in Section R722-300-4.

(3)(a) If the bureau finds that extenuating circumstances exist to justify the need for a temporary permit, the bureau shall issue a temporary permit to the applicant.

(b) The temporary permit shall be mailed to the applicant at the address listed on the application.

(4) If the bureau finds that the applicant is otherwise eligible to receive a permit under Section 53-5a-303, the bureau shall request that the applicant surrender the temporary permit before the issuance of the permit under Section 53-5a-303.

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

Utah Admin. Code R722-300-8 LEOJ Permits

(1)(a) To obtain an LEOJ permit under Section 53-5a-311, an applicant shall submit a completed permit application packet to the bureau as provided by Section R722-300-4.

(b) In addition, the applicant shall provide written documentation to establish to the satisfaction of the bureau that the applicant:

(i) is a law enforcement official or judge as defined in Section 53-5a-311; and

(ii) has completed the course of training required by Subsection 53-5a-311(2)(b).

(2) When reviewing an application for an LEOJ permit the bureau shall conduct the same background investigation as if the individual were seeking a permit.

(3)(a) If the bureau finds that the applicant meets the requirements found in Subsection 53-5a-311(2), the bureau shall issue an LEOJ permit to the applicant.

(b) The LEOJ permit shall be mailed to the applicant at the address listed on the application.

(4)(a) If the bureau finds that the applicant does not meet the requirements found in Subsection 53-5a-311(2), the bureau shall mail a denial letter to the applicant, return receipt requested.

(5)(a) When the bureau receives notice that an LEOJ permit holder resigns or is terminated from a position as a law enforcement official or judge, the LEOJ permit will be revoked and the bureau shall issue a permit, pursuant to Section 53-5a- 303, if the former LEOJ permit holder otherwise meets the requirements found in that section.

(b) If a former LEOJ permit holder gains new employment as a law enforcement official or judge, the bureau shall re- issue an LEOJ permit.

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

Utah Admin. Code R722-300-9 Suspension or Revocation of a Permit to Carry a Concealed Firearm, Concealed Firearms Instructor Certification, or an LEOJ Permit

(1) A permit may be suspended or revoked for any of the following reasons:

(a) the bureau determines that the permit holder does not meet the requirements found in Subsection 53-5a-303(2);

(b) the bureau determines that the permit holder has committed a violation under Subsection 53-5a-303(3); or

(c) the permit holder knowingly and willfully provided false information on an application for a permit, or a renewal of a permit.

(2) An instructor certification may be suspended or revoked for any of the following reasons:

(a) the bureau determines that the instructor has become ineligible to possess a firearm pursuant to Title 76, Chapter 11, Part 3, Persons Restricted Regarding Dangerous Weapons, or federal law; or

(b) the instructor knowingly and willfully provided false information to the bureau.

(3) An LEOJ permit may be suspended or revoked for any of the following reasons:

(a) the bureau determines that an LEOJ permit holder is no longer employed as a law enforcement official or judge; or

(b) an LEOJ permit holder fails to provide proof of annual requalification by November 30 of each year as required by Section 53-5a-311.

(4)(a) If the bureau suspends or revokes a permit, an instructor certification, or an LEOJ permit, the bureau shall mail a notice of agency action to the permit holder, instructor, or LEOJ permit holder, return receipt requested.

(b) The notice of agency action shall state the reasons for suspension or revocation and state that the permit holder, instructor, or LEOJ permit holder has a right to request a review hearing before the board by filing a petition for review within 60 days as provided in Subsection 53-5a-303(16).

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

Utah Admin. Code R722-300-10 Review Hearing Before the Board

(1)(a) Review hearings before the board shall be informal and be conducted in accordance with Section 63G-4-203.

(b) At the hearing, the bureau shall establish the allegations contained in the notice of agency action by a preponderance of the evidence.

(2) Upon request, an applicant, permit holder, instructor, or LEOJ permit holder who is seeking review before the board may review the materials in the bureau's file upon which the bureau intends to use in the hearing.

(3) In accordance with Section 63G-4-209 the board may enter an order of default against an applicant, permit holder, instructor, or LEOJ permit holder who fails to appear at the hearing.

(4) Within 30 days of the date of the hearing the board shall issue an order that:

(a) states the board's decision and the reasons for the board's decision; and

(b) indicates that the applicant, permit holder, instructor, or LEOJ permit holder has a right to appeal the decision of the board by filing a petition for judicial review within 30 days as provided in Section 63G-4-402.

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

Utah Admin. Code R722-300-11 Records Access

(1)(a) Information, except for the name of certified instructors and their public contact information, provided to the bureau by an applicant shall be considered "private" in accordance with Subsection 63G-2-302(2)(d).

(b) The name of certified instructors and their public contact information shall be considered public information.

(2) Information gathered by the bureau and placed in an applicant's file shall be considered "protected" in accordance with Subsection 63G-2-305(9).

(3) When a permit has been issued to an applicant, the names, address, telephone numbers, dates of birth, and Social Security numbers of the applicant are protected records pursuant to Section 53-5a-310.

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

Utah Admin. Code R722-300-12 Firearm Safety and Suicide Prevention Video

(1) The bureau shall meet with the Division of Substance Use and Mental Health as needed to approve concepts and scripts for a firearm safety and suicide prevention video to ensure compliance with Section 53-5a-309.

(2) The firearm safety and suicide prevention video will be made available to an applicant seeking renewal of their concealed firearm permit:

(a) online, in connection with an electronic or mail in renewal; or

(b) at the bureau's office location for an applicant who appears in person to renew.

History

KEY: concealed firearm permits, concealed firearm permit instructors
Date of Last Change: November 21, 2025
Notice of Continuation: March 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-5a-301 through 53-5a-312

R722-310 Regulation of Bail Bond Recovery and Enforcement Agents

Utah Admin. Code R722-310-1 Purpose

The purpose of the rule is to establish procedures for the licensing of bail enforcement agents, bail recovery agents, and bail recovery apprentices.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-2 Authority

This rule is authorized by Subsection 53-11-103(5).

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-3 Definitions

(1) Terms used in this rule are defined in Section 53-11-102.

(2) In addition:

(a) "act involving moral turpitude" means conduct which:

(i) is done knowingly contrary to justice, honesty, or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another's property;

(b) "board" means the Bail Bond Recovery and Private Investigator Licensure Board established in Sections 53-11-104 and 53-11-105;

(c) "bureau" means the Bureau of Criminal Identification within the Department of Public Safety established by Section 53-10-201;

(d) "felony" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States for which the penalty is a term of imprisonment in excess of one year;

(e) "licensee" means an individual who has received a bail enforcement agent license, bail recovery agent license or bail recovery apprentice license;

(f) "revocation" means the permanent deprivation of a bail bond recovery license, however revocation does not preclude an individual from applying for a new bail bond recovery license if the reason for revocation no longer exists; and

(g) "suspension" means the temporary deprivation, for a specified period, of a bail bond recovery license.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-4 Application for Licensure

(1)(a) An applicant seeking to obtain a license as a bail enforcement agent, bail recovery agent, or a bail recovery apprentice shall submit a completed application packet to the bureau.

(b) The application packet shall include:

(i) a written application form provided by the bureau with the applicant's residential or physical address and mailing or business address;

(ii) one recent color photograph of passport quality which contains the applicant's name written on the back of the photograph, unless the applicant submitted a photo which meets these requirements to the bureau within the previous three years;

(iii) a photocopy of a state-issued driver license or identification card;

(iv) one completed FBI applicant fingerprint card, Form FD-258, with the applicant's legible fingerprints;

(v) a non-refundable processing fee in the form of cash, check, money order, or credit card in the amount required by Section 53-11-115;

(vi) documentation from an approved provider indicating that the applicant has completed the 16-hour training program, described in Subsection 53-11-108(4); and

(vii) documentation showing the licensee has a surety bond in amount of $10,000 which meets the requirements described in Subsection 53-11-113(3).

(2) If the applicant is applying for license as a bail enforcement agent, the applicant must also provide documentation indicating that the applicant has 2,000 hours of experience related to bail bond recovery and enforcement.

(3) If an applicant for license as a bail enforcement agent wishes to operate a bail bond recovery agency, the applicant shall also provide:

(a) the name under which the bail bond recovery agency will operate; and

(b) a certificate of workers' compensation insurance, if applicable.

(4) If the applicant is applying for license as a bail recovery agent, the applicant shall also provide:

(a) documentation indicating that the applicant has 1,000 hours of experience related to bail bond recovery and enforcement; and

(b) verification from a bail bond recovery agency indicating that the agency will employ or contract with the applicant.

(5) If the applicant is applying for license as a bail recovery apprentice, the applicant shall also provide verification from a bail bond recovery agency indicating that the agency will employ or contract with the applicant.

(6) If the applicant is seeking to carry a firearm as a licensee, the applicant shall comply with each of the requirements found in Rule R722-300 and provide documentation from an approved bail enforcement firearms instructor indicating that the applicant has completed the 16-hour firearms training course required in Subsection 53-11-108(5).

(7) Once the application packet is complete, the bureau shall submit it to the board for their review at the next regularly scheduled meeting.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-5 Training Program Requirements

(1) The 16-hour training program described in Subsection 53-11-108(4), which is required for licensure, shall be provided by a training program provider approved by the board.

(2) Training program providers seeking to become approved by the board shall provide a detailed course curriculum for the board's review.

(3)(a) Training programs which are approved by the board shall be open to anyone who wishes to attend.

(b) If a training provider charges a fee for the training program, the same fee shall apply to each participant in the training program.

(4) Training program providers shall notify the bureau, at least five days in advance, of the dates, times, and location of any courses provided.

(5)(a) Bureau investigators shall periodically monitor approved training programs to ensure that the training program is providing instruction as required by Subsection 53-11-108(4).

(b) The training program may not charge an investigator a fee for monitoring the program.

(6) If the board receives information that a training program is not providing instruction as required by Subsection 53- 11-108(4), the board may terminate its approval of the training program after notice and an opportunity for a hearing before the board.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-6 Verification of Experience

(1) When verifying the experience necessary for licensure as a bail enforcement agent or a bail recovery agent, an applicant shall provide a written statement which lists, in detail, the number of hours and the type of bail bond recovery work performed by the applicant.

(2) The verification of experience shall be signed and notarized by the applicant's employer or by an individual who has personal knowledge of the bail bond recovery work performed.

(3) The bail bond recovery work shall have been performed within ten years from the date of the application.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-7 Credit for Specified Training

(1) An applicant who wishes to receive credit towards the experience requirement for licensure, shall provide documentation indicating that the applicant has a criminal justice bachelor's degree or has successfully completed a basic training course described in Subsection 53-11-114(1)(b) or 53-11-114(1)(c).

(2) An applicant may receive up to 1,000 hours of credit toward the experience requirement for licensure under Section 53-11-114.

(3) An applicant seeking credit under Section 53-11-114, is not exempt from completing the 16-hour training course required by Subsection 53-11-108(4).

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-8 Renewal of a License

(1)(a) A licensee seeking to renew a license as a bail enforcement agent, bail recovery agent, or a bail recovery apprentice shall submit a completed renewal packet to the bureau.

(b) The renewal packet shall include:

(i) a written renewal form provided by the bureau with the licensee's residential or physical address and mailing or business address;

(ii) one recent color photograph of passport quality which contains the licensee's name written on the back of the photograph, unless the licensee submitted a photo which meets these requirements to the bureau within the previous three years;

(iii) a non-refundable processing fee in the form of cash, check, money order, or credit card in the amount required by Section 53-11-115;

(iv) evidence that the licensee has completed eight hours of continuing classroom instruction required by Subsection 53-11-111(2); and

(v) documentation showing the licensee has a $10,000 surety bond which meets the requirements described in Subsection 53-11-113(3).

(2)(a) Once the renewal packet is complete, the bureau shall review it to determine if the licensee meets the requirements for renewal.

(b) If the bureau determines the licensee does not meet the requirements for renewal, the bureau shall submit the renewal packet to the board for their review at the next regularly scheduled meeting.

(3) A licensee whose license has been expired for more than 90 days, shall reapply and meet each requirement found in Section R722-310-4.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-9 Requirements for Continuing Classroom Instruction

A licensee who renews their license shall attend eight hours of continuing classroom instruction required by Subsections 53-11-111(2) and 53-11-109(2).

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-10 Criteria for Certified Bail Enforcement Firearms Instructor

(1) The 16-hour firearms training program described in Subsection 53-11-108(5), shall be provided by a bail enforcement firearms instructor approved by the bureau.

(2) A bail enforcement firearms instructor approved by the bureau shall be a certified in the state as a concealed firearm permit instructor under Subsection 53-5a-303(9) and be in good standing with the bureau.

(3)(a) Each approved bail enforcement firearms instructor shall adhere to the curriculum adopted by the bureau.

(b) An instructor may supplement, but may not detract from the set curriculum.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-11 Notice to Commissioner

A bail bond recovery agency may provide notice of a change in the name or address of a bail bond agency, or any change of employees or contract employees, to the commissioner as required by Subsection 53-11-116(5) by sending a written notice to the bureau that is signed by the licensee.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-12 Denial of a License

(1) The board may deny a license application or renewal for failure to comply with the requirements in Sections 53-10- 108 through 53-11-115, or for any of the reasons set forth in Section 53-11-118.

(2) The bureau may deny a license renewal for failure to comply with the requirements in Sections 53-10-108 through 53-11-115, or for any of the reasons set forth in Section 53-11-118.

(3) An applicant who is denied a license may request a hearing in accordance with Section 53-11-118.

(4) The board shall conduct adjudicative proceedings in accordance with Section R722-310-14.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-13 Disciplinary Action Against a Licensee

(1) The board shall review any investigation presented by the bureau and may take disciplinary action against a licensee in accordance with Section 53-11-119 based on a violation of Section 53-11-119.

(2) The board shall conduct adjudicative proceedings in accordance with Section R722-310-14.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-14 Adjudicative Proceedings

(1) Adjudicative proceedings shall be informal in accordance with Sections 63G-4-202 through 63G-4-203.

(2) The board shall conduct an informal hearing during which the licensee may present evidence and testimony in response to the bureau's investigative findings and recommendations.

(3) The board shall issue a written decision, within ten business days after the hearing, which states the reasons for the board's decision, and indicates that the licensee may appeal to the commissioner by filing a written request within 15 calendar days from the date that the board's written decision was issued.

(4)(a) If the licensee requests review of the board's decision, the commissioner or the commissioner's designee shall review the materials in the bureau's file, any materials submitted by the licensee, and the findings of the board.

(b) The commissioner shall issue a written decision, within 30 calendar days from the date of the request for review, which states the reasons for the decision and indicates that the licensee may appeal to the district court by complying with the requirements found in Section 63G-4-402.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-15 Records Access

(1) Information gathered by the division in the course of investigating an application or complaint shall be considered protected information in accordance with Subsection 63G-2-305(10).

(2) If information described in Subsection R722-330-10(1) is used as the basis for the denial, suspension, or revocation of a license, the applicant or licensee shall be entitled to access the information.

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

Utah Admin. Code R722-310-16 Identification of Licensees

(1)(a) A licensee shall be issued an identification card by the bureau which identifies the licensee as a bail enforcement agent, bail recovery agent or bail recovery apprentice.

(b) The identification card shall indicate on its face if the licensee is authorized to carry a loaded and concealed firearm as provided in Subsection 53-11-108(5).

(2)(a) A bail enforcement agent or bail recovery agent may possess and display a badge that is identical to the badge depicted on the bureau's website in accordance with Section 53-11-121.

(b) A bail enforcement agent or bail recovery agent may obtain a badge from any source, so long as it complies with the following specifications:

(i) the badge shall be 2.55 inches high and 2.66 inches wide;

(ii) the badge shall be in the shape of a five-point star on a circle;

(iii) the star shall be gold in color and the circle must be silver in color;

(iv) the center of the star shall be black in color and contain a seal with the phrase "Liberty and Justice For All";

(v) the text of the badge shall be written in block lettering and must be black;

(vi) the silver circle shall contain two panels with writing to indicate whether the agent is a bail enforcement or bail recovery agent; and

(vii) the badge shall contain two gold panels with writing to indicate the word "Utah" on the top panel and the agent's license number on the bottom panel.

(3) The design approved by the board under Subsection 53-11-121(5) shall contain the words "bail enforcement agent" or "bail recovery agent" written on both the chest and back in writing which is:

(a) at least two inches in height on the back;

(b) at least one half of an inch in height on the front; and

History

KEY: bail bond enforcement agents, bail bond recovery agents, bail bond recovery apprentices, licenses
Date of Last Change: October 3, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-11-103(5)

R722-320 Undercover Identification

Utah Admin. Code R722-320-1 Purpose

The purpose of this rule is to establish a program whereby the Department of Public Safety can assist federal, state, county, and local law enforcement agencies in concealing the true identity of undercover peace officers.

History

KEY: law enforcement, criminal investigation, undercover identification
Date of Last Change: June 14, 1999
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-104

Utah Admin. Code R722-320-2 Authority

This rule is authorized by Subsections 53-10-104(1), 53-10-104(9), and 53-10-104(14).

History

KEY: law enforcement, criminal investigation, undercover identification
Date of Last Change: June 14, 1999
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-104

Utah Admin. Code R722-320-3 Definitions

(1) "Chief administrative officer" means the commissioner of public safety, a chief of police or sheriff of any municipality or county of this state, or the agent in charge of operations in this state for any federal law enforcement agency.

(2) "Peace officer" means anyone employed in one of the four peace officer classifications in Section 53-13-102.

(3) "Undercover identification" means identification issued to a peace officer which allows the true identity of the officer to be concealed from criminal suspects and their associates.

(4) "Undercover investigation" means a criminal investigation conducted by a peace officer which is authorized by the officer's agency and where the true identity of the officer must be concealed from criminal suspects and their associates.

History

KEY: law enforcement, criminal investigation, undercover identification
Date of Last Change: June 14, 1999
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-104

Utah Admin. Code R722-320-4 Type of Assistance Provided

The department will assist federal, state, county, and local law enforcement agencies in obtaining identification and personal history information for their peace officers who conduct undercover investigations.

History

KEY: law enforcement, criminal investigation, undercover identification
Date of Last Change: June 14, 1999
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-104

Utah Admin. Code R722-320-5 Issuance of Undercover Identification

(1) The department may issue an undercover identification after receiving a written request from the chief administrative officer of a law enforcement agency. This request must be on official agency letterhead and shall include:

(a) the reason the undercover identification is needed;

(b) the real name and date of birth of the officer needing undercover identification;

(d) the original signature of the chief administrative officer.

(2) Each request may be for one officer only. Multiple requests in the same letter will not be honored.

(3) Processing a request for undercover identification is time consuming for the department. Therefore, for the convenience of all parties, the officer intending to apply for undercover identification must call the department's Bureau of Criminal Identification (BCI) at (801) 965-4544 and make an appointment prior to coming in to apply for undercover identification.

(4) At the time of issuance the officer must:

(a) present to BCI (3888 West 5400 South, Salt Lake City, Utah) the original letter of request from the chief administrative officer;

(b) provide a copy of valid identification issued by the officer's agency indicating that he/she is a peace officer; and,

(5) The department may issue an undercover identification if the requirements of this rule are met and the department believes that such issuance is in the best interests of law enforcement.

History

KEY: law enforcement, criminal investigation, undercover identification
Date of Last Change: June 14, 1999
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-104

Utah Admin. Code R722-320-6 Expiration of Undercover Identification

(1) Undercover identification issued pursuant to this rule:

(a) shall automatically expire six months after it is issued;

(b) must be returned to the department by the officer's agency within 30 days in the case of an officer who is reassigned to a position no longer requiring the use of undercover identification; and

(c) must immediately be returned to the department by the officer's agency in the case of an officer who terminates employment with the agency.

(2) No officer may be issued undercover identification if any undercover identification previously issued to another officer of the same agency is not accounted for to the satisfaction of the department.

(3) A chief administrative officer may request that an undercover identification issued to an officer of his/her agency be extended beyond the six month expiration referred to in this section if:

(a) a written request for extension signed by the chief administrative officer is received by the department prior to the expiration date; and

(b) the written request demonstrates to the satisfaction of the department extenuating circumstances justifying the extension.

History

KEY: law enforcement, criminal investigation, undercover identification
Date of Last Change: June 14, 1999
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-104

Utah Admin. Code R722-320-7 Revocation of Undercover Identification

The department may revoke an undercover identification:

(1) if the undercover identification was used for a purpose not related to an active undercover investigation;

(2) if the officer has been charged with a crime or is under investigation for any wrong doing that would compromise the undercover identification program or not be in the best interests of law enforcement; or

(3) for any violation of this rule.

History

KEY: law enforcement, criminal investigation, undercover identification
Date of Last Change: June 14, 1999
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-104

Utah Admin. Code R722-320-8 Surrender of Undercover Identification

A peace officer whose undercover identification has expired or which has been revoked shall immediately surrender his/her undercover identification to the department.

History

KEY: law enforcement, criminal investigation, undercover identification
Date of Last Change: June 14, 1999
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-104

Utah Admin. Code R722-320-9 Appeal

(1) In accordance with Subsection 63G-4-202(1) the department hereby designates all adjudicative proceedings associated with this rule as informal adjudicative proceedings.

(2) An officer (appellant) whose request for undercover identification has been denied or whose undercover identification has been revoked, may appeal such denial or revocation to the department's administrative law judge (ALJ). The appeal must be filed on a form provided by the department. The appeal shall be considered a request for agency action in accordance with Subsection 63G-4-201(1)(b).

(a) The appeal must be filed within thirty days after the appellant receives notice of the denial or revocation.

(b) The appellant will not receive a hearing on the appeal. The ALJ will review the appeal and issue a written decision on it in compliance with Subsection 63G-4-203(1)(i) within ten days after receiving it.

(3) An appellant who is dissatisfied with the ALJ's decision may file a request for reconsideration with the ALJ within ten days after receipt of the decision. If the ALJ does not issue an order within twenty days after receiving the request for reconsideration, the request for reconsideration shall be considered denied, and the appellant may seek judicial review in accordance with Section 63G-4-402.

History

KEY: law enforcement, criminal investigation, undercover identification
Date of Last Change: June 14, 1999
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-104

Utah Admin. Code R722-320-10 Records Protected

All records pertaining to the issuance of an undercover identification shall be protected under Subsection 63G-2- 305(9).

History

KEY: law enforcement, criminal investigation, undercover identification
Date of Last Change: June 14, 1999
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-104

R722-330 Licensing of Private Investigators

Utah Admin. Code R722-330-1 Purpose

The purpose of this rule is to establish procedures for the licensing of private investigator agencies, registrants, and apprentices.

History

KEY: private investigators, license
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-9-101 through 53-9-119

Utah Admin. Code R722-330-2 Authority

This rule is authorized by Section 53-9-103.

History

KEY: private investigators, license
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-9-101 through 53-9-119

Utah Admin. Code R722-330-3 Definitions

(1) Terms used in this rule are defined in Section 53-9-102.

(2) In addition:

(a) "act involving moral turpitude" means conduct which:

(i) is done knowingly contrary to justice, honesty, or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another's property;

(b) "FBI" means the Federal Bureau of Investigation;

(c) "felony" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States for which the penalty is a term of imprisonment in excess of one year;

(d) "legal resident of this state" means a person who has established a domicile in the state, as that term is defined in Section 41-1a-202;

(e) "license" means a license for a private investigator agency, registrant, or apprentice;

(f) "revocation" means the permanent deprivation of a private investigator license, however revocation of a private investigator license does not preclude an individual from applying for a new private investigator license if the reason for revocation no longer exists; and

(g) "suspension" means the temporary deprivation, for a specified period, of a private investigator license.

History

KEY: private investigators, license
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-9-101 through 53-9-119

Utah Admin. Code R722-330-4 Application for Licensure

(1)(a) An applicant seeking to obtain a license shall submit a completed application packet to the bureau.

(b) The application packet shall include:

(i) a written application form provided by the bureau with the applicant's residential or physical address and mailing or business address;

(ii) one color photograph of passport quality, taken no more than 24 months before application, which contains the applicant's name written on the back of the photograph;

(iii) a photocopy of a driver license or state issued identification card;

(iv) one completed FBI applicant fingerprint card, Form FD-258, with the applicant's legible fingerprints; and

(v) the non-refundable license and registration fee in the amount indicated in Section 53-9-111 and the FBI fingerprint processing fee, in the form of cash, check, money order, or credit card.

(2) If an applicant is applying for an agency license, the applicant shall also provide:

(a) the name under which the applicant intends to do business;

(b) a completed and signed Verification of Investigative Experience Form which documents that the applicant has performed at least 5,000 hours of investigative experience as provided in Subsection 53-9-108(3);

(c) a certificate of liability insurance for the applicant in an amount of not less than $500,000 as described in Subsection 53-9-109(3); and

(d) a certificate of workers' compensation insurance, if applicable.

(3) If the applicant is applying for a registrant license, the applicant shall also provide:

(a) the name of the licensed agency for which the applicant will be an employee or independent contractor;

(b) authorization from a licensed agency indicating that the agency will employ or contract with the applicant;

(c) a completed and signed Verification of Investigative Experience Form which documents that the applicant has performed at least 2,000 hours of investigative experience as provided in Subsection 53-9-108(3); and

(d) a surety bond for the applicant in an amount of not less than $10,000 as described in Subsection 53-9-110(3).

(4) If the applicant is applying for an apprentice license, the applicant shall also provide:

(a) the name of the licensed agency for which the applicant will be an employee or independent contractor;

(b) authorization from a licensed agency indicating that the agency will employ or contract with the applicant; and

History

KEY: private investigators, license
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-9-101 through 53-9-119

Utah Admin. Code R722-330-5 Verification of Investigative Experience

(1)(a) When completing the Verification of Investigative Experience Form for an agency or registrant license, the applicant shall describe, in detail, the number of hours and the type of investigative work which the applicant performed.

(b) The investigative experience shall have been performed within ten years from the date of the application, while the applicant was working as a licensed private investigator or an investigator for a governmental entity.

(c)(i) The Verification of Investigative Experience Form shall be certified by the private investigator or governmental employer for whom the applicant performed the investigative work.

(ii) If the applicant cannot provide certification from a private investigator or governmental employer, the applicant may provide certification from the individual for whom the applicant performed the investigative work.

(2) An applicant seeking to receive credit toward the investigative experience requirement for licensure under Subsection 53-9-108(5), shall provide written documentation of the degree or certification for which the applicant is seeking credit.

History

KEY: private investigators, license
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-9-101 through 53-9-119

Utah Admin. Code R722-330-6 Issuance of License

(1)(a) Upon receipt of a completed application packet, the bureau shall conduct a thorough background investigation to determine if the applicant meets the requirements for licensure.

(b) The bureau shall submit the completed application packet to the board for review after completion of the background check, unless the application is for an apprentice license.

(c)(i) The bureau shall review each application for apprentice licenses to determine whether the applicants meet the requirements for licensure.

(ii) If the bureau finds that an applicant for an apprentice license does not meet the requirements for licensure, the bureau shall submit the application to the board.

(2)(a) The board shall review each application packet submitted by the bureau to determine whether an applicant meets the requirements for licensure.

(b) If the board determines that an applicant meets the requirements for licensure, the board shall direct the bureau to issue the license.

(3) If the board determines that an applicant does not meet the qualifications for licensure the board shall deny the application.

(4) If the applicant requests a hearing, the board shall conduct an informal hearing in accordance with Section R722- 330-9 during which the applicant may present evidence and testimony in response to evidence and testimony presented by the bureau.

(5) An application may not be approved for any individual who has had any private investigator license or permit revoked more than one time in any jurisdiction.

History

KEY: private investigators, license
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-9-101 through 53-9-119

Utah Admin. Code R722-330-7 Renewal of a License

(1)(a) The bureau shall notify each licensee by email 90 days before the expiration date clearly printed on the identification card and license.

(b) The bureau may send a renewal notice to a licensee at the last provided address, about 90 days before the expiration of the licensee's license if there is not an e-mail address on file for the licensee.

(2)(a) A licensee seeking to renew a license shall submit a completed renewal packet to the bureau.

(b) The renewal packet shall include:

(i) a written renewal form provided by the bureau with the licensee's residential or physical address and mailing or business address;

(ii) one color photograph of passport quality, taken no more than 24 months before application for renewal, which contains the licensee's name written on the back of the photograph;

(iii) a photocopy of a driver license or state-issued identification card; and

(iv) a non-refundable processing fee in the form of cash, check, money order, or credit card in the amount required by Section 53-9-111.

(3) If the licensee has an agency license, the licensee shall also provide evidence that the licensee has a valid certificate of:

(a) liability insurance for the licensee in an amount of not less than $500,000 as described in Subsection 53-9-109(3); and

(b) workers' compensation insurance, if applicable.

(4) If the licensee has a registrant or an apprentice license, the licensee shall provide evidence that the licensee has a valid surety bond for the licensee in an amount of not less than $10,000 as described in Subsection 53-9-110(3).

(5) The licensee shall submit proof of completion of continuing education requirements, completed within two years before the date of application for renewal as described under Subsection 53-9-111(2), which shall include:

(a) four hours of ethics education provided by a nationally recognized association or bureau-approved association;

(b) four hours of education on Utah law, including Title 53, Chapter 9, Private Investigator Regulation Act; and

(6) A licensee whose license has been expired for more than 180 days, shall reapply and meet each requirement found in Section R722-330-4.

(7) If the licensee meets the qualifications for renewal, the bureau shall renew the license.

(8)(a) If the bureau determines that the licensee does not meet the qualifications for renewal, the bureau shall deny the renewal.

(b) The bureau's written denial shall state the reasons why the renewal was denied and indicate that the licensee may request a hearing before the board by filing a written request within 30 calendar days from the date the bureau's written denial was issued.

(9) If the licensee requests review by the board, the board shall conduct an informal hearing in accordance with Section R722-330-9 during which the licensee may present evidence and testimony in response to evidence and testimony presented by the bureau.

History

KEY: private investigators, license
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-9-101 through 53-9-119

Utah Admin. Code R722-330-8 Suspension and Revocation of a License

(1) The bureau shall conduct an investigation, as provided in Section 53-9-117, if the bureau is made aware of an allegation that a licensee has engaged in conduct in violation of Section 53-9-118.

(2) The bureau shall notify a licensee who is the subject of an investigation of the date and time of the board meeting where the board will consider the bureau's investigative findings.

(3) The bureau may recommend disciplinary action in accordance with Section 53-9-117.

(4) The board shall conduct adjudicative proceedings in accordance with Section R722-330-9.

History

KEY: private investigators, license
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-9-101 through 53-9-119

Utah Admin. Code R722-330-9 Adjudicative Proceedings

(1) Adjudicative proceeding shall be informal in accordance with Sections 63G-4-202 and 63G-4-203.

(2) The board shall conduct an informal hearing during which the licensee may present evidence and testimony in response to the bureau's investigative findings and recommendations.

History

KEY: private investigators, license
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-9-101 through 53-9-119

Utah Admin. Code R722-330-10 Records Access

(1) Information gathered by the division in the course of investigating an application or complaint shall be considered protected information in accordance with Subsection 63G-2-305(10).

(2) If information described in Subsection R722-330-10(1) is used as the basis for the denial, suspension, or revocation of a license, the applicant or licensee shall have access to the information contained in the bureau's file and to all materials and information gathered in any investigation, to the extent permitted by law.

History

KEY: private investigators, license
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-9-101 through 53-9-119

Utah Admin. Code R722-330-11 Reinstatement of License or Permit

(1) An individual who has had their license or permit suspended may apply for renewal of the license or permit once the suspension period has ended.

(2) An individual who has had their license or permit revoked may apply for reinstatement:

(a) once the revocation period has ended; and

(b) if the individual has not had their license or permit revoked more than one time in any jurisdiction.

(3) An individual who applies for renewal of a license or permit following suspension or revocation shall:

(a) pay a reinstatement fee; and

(b) comply with the requirements under Section R722-330-7.

History

KEY: private investigators, license
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-9-101 through 53-9-119

R722-350 Certificate of Eligibility

Utah Admin. Code R722-350-1 Purpose

The purpose of this rule is to establish procedures by which a petitioner may seek a certificate of eligibility pursuant to Title 77 Chapter 40a, Expungement of Criminal Records.

History

KEY: expungement, certificate of eligibility
Date of Last Change: December 22, 2025
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 77-40a-101; 77-40a-104; 77-40a-302; 77-40a-303; 77-40a-304

Utah Admin. Code R722-350-2 Authority

This rule is authorized under Section 77-40a-104.

History

KEY: expungement, certificate of eligibility
Date of Last Change: December 22, 2025
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 77-40a-101; 77-40a-104; 77-40a-302; 77-40a-303; 77-40a-304

Utah Admin. Code R722-350-3 Definitions

Terms used in this rule are defined in Section 77-40a-101.

History

KEY: expungement, certificate of eligibility
Date of Last Change: December 22, 2025
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 77-40a-101; 77-40a-104; 77-40a-302; 77-40a-303; 77-40a-304

Utah Admin. Code R722-350-4 Application for a Certificate of Eligibility

(1)(a) An application for a certificate of eligibility must be made in writing to the bureau by filling out the application form established by the bureau.

(b) An application form must be accompanied by a payment of the application fee established by the bureau in the form of cash, check, money order, or credit card.

(i) state on the application form that they are indigent; and

(ii) submit with the application form, the first two pages of the completed court form entitled Motion to Waive Fees for Expungement -- Criminal.

(d) If the petitioner has any pending agency actions with the bureau, including outstanding payments for past certificates, the new application shall be denied until any such agency actions are fully resolved.

(2)(a) Upon receipt of a completed application form and payment of the application fee, the bureau shall review each criminal episode contained on the petitioner's criminal history, in its entirety, to determine whether the petitioner meets the requirements for a certificate of eligibility found in Sections 77-40a-302 and 77-40a-303.

(b) In making its determination, the bureau shall also review any federal, state and local criminal records, to which it has access.

(3) If the bureau has insufficient information to determine if the petitioner meets the requirements for a certificate of eligibility, the bureau may request that the petitioner submit additional information.

(4) If the bureau cannot obtain disposition information regarding the petitioner's criminal history or cannot determine whether the petitioner meets the requirements for a certificate of eligibility found in Sections 77-40a-302 and 77-40a-303, the bureau shall send a letter to the petitioner, at the address indicated on the application form, indicating that the petitioner may obtain a special certificate for each criminal episode upon the payment of the issuance fee established by the bureau, per special certificate.

(a) If the petitioner requests a fee waiver as described in Subsection R722-350-4(1)(c), the bureau may not charge an issuance fee for the special certificate.

(b) If the court does not find a petitioner to be indigent after a petitioner requests a fee waiver as described in Subsection R722-350-4(1)(c), the petitioner shall pay each issuance fee before the bureau will process an expungement order.

(5) If the bureau determines that the petitioner meets the requirements for the issuance of a certificate of eligibility found in Sections 77-40a-302 and 77-40a-303, the bureau shall send the certificate of eligibility to the petitioner, at the address or email indicated on the application form, unless the charges were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion.

(6) If the bureau determines that the petitioner meets the requirements for the issuance of a certificate of eligibility under any other circumstances, the bureau shall send a letter to the petitioner, at the address or email indicated on the application form, indicating that the petitioner must pay the issuance fee established by the bureau for each certificate of eligibility.

(a) If the petitioner requests a fee waiver as described in Subsection R722-350-4(1)(c), the bureau may not charge an issuance fee for a certificate of eligibility.

(b) If the court does not find a petitioner to be indigent after a petitioner requests a fee waiver as described in Subsection R722-350-4(1)(c), the petitioner shall pay an issuance fee for each certificate of eligibility before the bureau will process an expungement order.

(7) The bureau may not issue a certificate of eligibility for an offense that does not require a certificate of eligibility for expungement unless the petitioner makes a specific request for a certificate of eligibility for the offense.

(8) If the bureau determines that the petitioner does not meet the criteria for the issuance of a certificate of eligibility, the bureau shall send a letter to the petitioner, at the address or email indicated on the application form, which describes the reasons why the petitioner's application was denied and notifies the petitioner that the petitioner may seek agency review of the bureau's decision by following the procedures outlined in Section R722-350-5.

History

KEY: expungement, certificate of eligibility
Date of Last Change: December 22, 2025
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 77-40a-101; 77-40a-104; 77-40a-302; 77-40a-303; 77-40a-304

Utah Admin. Code R722-350-5 Agency Review of a Decision to Deny an Application for a Certificate of Eligibility

(1) A petitioner may seek review of the denial of an application for a certificate of eligibility, as provided by Section 63G-4-301, by mailing or emailing a written request for review to the bureau within 30 days from the date the denial letter is issued.

(2) The request for review must:

(a) be signed by the petitioner or the corresponding third party;

(b) state the specific grounds upon which relief is requested;

(d) include documentation which supports the petitioner's request for review.

(3) An employee of the bureau shall be designated to review the petitioner's written request, any accompanying documents supplied by the petitioner, and the materials contained in the application file to determine whether the petitioner meets the requirements for the issuance of a certificate found in Sections 77-40a-302 and 77-40a-303.

(4) Within a reasonable time after receiving the request for review, the bureau shall issue a final written order on review, which shall be mailed to the petitioner at the address or email indicated on the application.

(5) If upon further review the bureau cannot determine whether the petitioner meets the requirements for a certificate of eligibility found in Sections 77-40a-302 and 77-40a-303, the bureau shall send a letter to the petitioner, at the address indicated on the application form, indicating that the petitioner may obtain a special certificate for each criminal episode upon the payment of the issuance fee established by the bureau, per special certificate.

(a) If the petitioner requests a fee waiver as described in Subsection R722-350-4(1)(c), the bureau may not charge an issuance fee for the special certificate.

(6) If further review indicates that the petitioner meets the requirements for the issuance of a certificate of eligibility found in Sections 77-40a-302 and 77-40a-303, the bureau shall send a certificate of eligibility to the petitioner, unless the charges were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion.

(7) If further review indicates that the petitioner meets the requirements for the issuance of a certificate of eligibility under any other circumstances, the order shall state that the petitioner must pay the issuance fee established by the bureau for each certificate of eligibility.

(a) If the petitioner requests a fee waiver as described in Subsection R722-350-4(1)(c), the bureau may not charge an issuance fee for a certificate of eligibility.

(8) If further review indicates that the petitioner does not meet the requirements for the issuance of a certificate, the order shall describe the reasons why the bureau's decision was upheld and notify the petitioner that the petitioner's opportunity to review the bureau's decision is limited to review by the district court as described in Section R722-350-6.

History

KEY: expungement, certificate of eligibility
Date of Last Change: December 22, 2025
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 77-40a-101; 77-40a-104; 77-40a-302; 77-40a-303; 77-40a-304

Utah Admin. Code R722-350-6 Judicial Review

A petitioner may seek judicial review of the bureau's final written order on review denying an application for a certificate of eligibility, as provided by Section 63G-4-402, by filing a complaint in the district court within 30 days from the date that the bureau's final written order is issued.

History

KEY: expungement, certificate of eligibility
Date of Last Change: December 22, 2025
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 77-40a-101; 77-40a-104; 77-40a-302; 77-40a-303; 77-40a-304

Utah Admin. Code R722-350-7 Submission of Expungement Orders

(1) An expungement order may be submitted to the bureau by the petitioner or authorized representative:

(a) by mail or in person at UTAH BUREAU OF CRIMINAL IDENTIFICATION, 4315 South 2700 West, Suite 1300 Taylorsville, Utah 84129; or

(b) by email at bciexpungements@utah.gov.

(2) If the expungement order is being submitted by the court, it shall be transmitted through the secure expungement portal established between the Administrative Office of the Courts and the bureau.

(3)(a) The bureau may not accept court-submitted expungement orders through email, mail, or in person delivery.

(b) Expungement orders submitted by the court that are not submitted through the secure portal described in Subsection (2) will be returned to the court with instructions for proper submission.

History

KEY: expungement, certificate of eligibility
Date of Last Change: December 22, 2025
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 77-40a-101; 77-40a-104; 77-40a-302; 77-40a-303; 77-40a-304

R722-360 Certificate of Eligibility for Removal from the Sex, Kidnap, and Child Abuse Offender Registry

Utah Admin. Code R722-360-1 Purpose

The purpose of this rule is to establish procedures by which a petitioner may seek a certificate of eligibility for removal from the Utah Sex, Kidnap, and Child Abuse Offender Registry (SOR) pursuant to Section 53-29-207.

History

KEY: certificate of eligibility for removal, sex offender registry, kidnap offender registry, child abuse offender registry
Date of Last Change: September 15, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 53-29-202; 53-29-204; 53-29-205; 53-29-206; 53-29-207

Utah Admin. Code R722-360-2 Authority

This rule is authorized by Subsection 63G-4-203(1).

History

KEY: certificate of eligibility for removal, sex offender registry, kidnap offender registry, child abuse offender registry
Date of Last Change: September 15, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 53-29-202; 53-29-204; 53-29-205; 53-29-206; 53-29-207

Utah Admin. Code R722-360-3 Definitions

(1) Terms used in this rule are defined in Sections 53-29-101 and 53-29-201.

(2) In addition:

(a) "SOR certificate of eligibility" has the same meaning as "certificate of eligibility" as defined in Subsection 53-29- 101(2); and

(b) "petitioner" means a person seeking an SOR certificate of eligibility from the bureau.

History

KEY: certificate of eligibility for removal, sex offender registry, kidnap offender registry, child abuse offender registry
Date of Last Change: September 15, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 53-29-202; 53-29-204; 53-29-205; 53-29-206; 53-29-207

Utah Admin. Code R722-360-4 Application for a Certificate of Eligibility for Removal

(1)(a) A person may apply for an SOR certificate of eligibility by submitting a completed Application for Early Removal of Name from the Sex, Kidnap, and Child Abuse Offender Registry form to the bureau.

(b) The application form must be accompanied by a payment of the application fee established by the bureau in the form of cash, check, money order, or credit card.

(2)(a) Upon receipt of a completed application form and payment of the application fee, the bureau shall review each criminal episode contained on the petitioner's criminal history, in its entirety, to determine whether the petitioner meets the requirements for an SOR certificate of eligibility found in Sections 53-29-204 through 53-29-206.

(b) In making its determination, the bureau shall also review all federal, state and local criminal records, to which it has access.

(3)(a) If the bureau has insufficient information to determine whether the petitioner meets the requirements for an SOR certificate of eligibility, the bureau may require the petitioner to submit additional information.

(b) If the bureau does not receive additional information requested within 60 days from the date of the request, the petitioner's application shall be denied.

(4)(a) If the bureau finds that the petitioner meets the requirements for the issuance of an SOR certificate of eligibility, the bureau shall send a letter to the petitioner, at the address indicated on the application form, indicating that the petitioner must pay the issuance fee established by the bureau to receive the SOR certificate of eligibility.

(b) If the payment for the certificate of eligibility is not received by the bureau within 60 days from the date of the approval letter;

(i) the petitioner's application shall be voided; and

(ii) the petitioner will be required to submit a new application form and pay applicable fees.

(5) If the bureau finds that the petitioner does not meet the criteria for the issuance of an SOR certificate of eligibility, the bureau shall send a letter to the petitioner, at the address indicated on the application form, which describes the reasons why the petitioner's application was denied and notifies the petitioner that the petitioner may seek agency review of the bureau's decision by following the procedures outlined in Section R722-360-5.

History

KEY: certificate of eligibility for removal, sex offender registry, kidnap offender registry, child abuse offender registry
Date of Last Change: September 15, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 53-29-202; 53-29-204; 53-29-205; 53-29-206; 53-29-207

Utah Admin. Code R722-360-5 Agency Review of a Decision to Deny an Application for a Certificate of Eligibility for Removal

(1) A petitioner may seek agency review of the denial of an application for an SOR certificate of eligibility, as provided by Section 63G-4-301, by mailing a written request for review to the bureau within 30 days from the date the denial letter is issued.

(2) The request for agency review must:

(a) be signed by the petitioner;

(b) state the specific grounds upon which relief is requested;

(d) include documentation which supports the petitioner's request for review.

(4)(a) Within a reasonable time after receiving the request for review, the bureau shall issue a final written order on review, which shall be mailed to the petitioner at the address indicated on the application.

(b) If further review indicates that the petitioner meets the requirements for the issuance of an SOR certificate of eligibility, the order shall state that the petitioner must pay the issuance fee before receiving the SOR certificate of eligibility.

(c) If further review indicates that the petitioner does not meet the requirements for an SOR certificate of eligibility, the order shall describe the reasons why the bureau's decision was upheld and notify the petitioner that the petitioner's opportunity to review the bureau's decision is limited to review by the district court as described in Section R722-360-6.

History

KEY: certificate of eligibility for removal, sex offender registry, kidnap offender registry, child abuse offender registry
Date of Last Change: September 15, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 53-29-202; 53-29-204; 53-29-205; 53-29-206; 53-29-207

Utah Admin. Code R722-360-6 Judicial Review

A petitioner may seek judicial review of the bureau's final written order on review denying an application for an SOR certificate of eligibility, as provided by Section 63G-4-402, by filing a complaint in the district court within 30 days from the date that the bureau's final written order is issued.

History

KEY: certificate of eligibility for removal, sex offender registry, kidnap offender registry, child abuse offender registry
Date of Last Change: September 15, 2025
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 53-29-202; 53-29-204; 53-29-205; 53-29-206; 53-29-207

R722-380 Firearm Background Check Information

Utah Admin. Code R722-380-1 Authority

This rule is authorized by Subsection 53-5a-602(10).

History

KEY: firearm purchases, firearm releases, firearm denials, firearm background check information
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-5a-601; 53-5a-602; 76-11-302; 76-11-303

Utah Admin. Code R722-380-2 Definitions

Terms used in this rule are defined in Section 53-5a-601.

History

KEY: firearm purchases, firearm releases, firearm denials, firearm background check information
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-5a-601; 53-5a-602; 76-11-302; 76-11-303

Utah Admin. Code R722-380-3 Verification of Identification

For purposes of a criminal history background check as established in Section 53-5a-602, the only form of photo identification the bureau shall accept is a driver license or identification card that may be accessed through the issuing state's database and verified as a valid form of identification.

History

KEY: firearm purchases, firearm releases, firearm denials, firearm background check information
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-5a-601; 53-5a-602; 76-11-302; 76-11-303

Utah Admin. Code R722-380-4 Inquiring Into Denial of Firearm Purchase

(1)(a) An individual who has been denied the purchase of a firearm by the bureau may inquire why they were denied such a purchase by submitting a completed Request for Denial Information form.

(b) The individual may have such denial information released to a third party by submitting a completed Third Party Release Form with a completed Request for Denial Information form.

(2) Within a reasonable time after receiving the completed request form, the bureau shall release denial information regarding why the individual has been denied the purchase of a firearm, which shall be delivered by mail, email, or fax to the individual at the phone number, email address, or fax number indicated on the request form.

(3) A denial of the purchase of a firearm by the bureau may not be overturned except if the denial was done in error by the bureau and no longer than 30 days has passed from the date of the initial background check.

History

KEY: firearm purchases, firearm releases, firearm denials, firearm background check information
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-5a-601; 53-5a-602; 76-11-302; 76-11-303

Utah Admin. Code R722-380-5 Law Enforcement Evidence Release

(1) A law enforcement agency seeking to obtain background clearance information from the bureau before releasing a firearm from custody must submit a completed Law Enforcement Evidence Release Form by mail, fax, or email.

(2) Upon receipt of a completed Law Enforcement Evidence Release Form, the bureau shall conduct a thorough background investigation to determine whether the individual, to whom the firearm will be released, meets the requirements to possess a firearm established under Sections 76-11-302 and 76-11-303, and Unlawful Acts,18 U.S.C. Sec. 922.

(3) Upon completion of the background investigation, the bureau shall notify the law enforcement agency by fax or telephone, at the number indicated on the release form, whether the individual, to whom the firearm will be released, may possess a firearm.

History

KEY: firearm purchases, firearm releases, firearm denials, firearm background check information
Date of Last Change: December 9, 2025
Notice of Continuation: October 3, 2024
Authorizing, and Implemented or Interpreted Law: 53-5a-601; 53-5a-602; 76-11-302; 76-11-303

R722-390 Certificate of Eligibility for Removal from the White Collar Crime Offender Registry

Utah Admin. Code R722-390-1 Purpose

The purpose of this rule is to establish procedures by which a petitioner may seek a certificate of eligibility for removal from the White Collar Crime Offender Registry (WCCR) pursuant to Section 77-42-108.

History

KEY: certificate of eligibility for removal, white collar crime offender registry, white collar crime offenders
Date of Last Change: November 8, 2024
Notice of Continuation: October 24, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 77-42-108; 77-42-102; 77-40a-101

Utah Admin. Code R722-390-2 Authority

This rule is authorized by Subsection 63G-4-203(1).

History

KEY: certificate of eligibility for removal, white collar crime offender registry, white collar crime offenders
Date of Last Change: November 8, 2024
Notice of Continuation: October 24, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 77-42-108; 77-42-102; 77-40a-101

Utah Admin. Code R722-390-3 Definitions

(1) Terms used in this rule are defined in Section 77-42-102.

(2) In addition:

(a) "WCCR certificate of eligibility" has the same meaning as "certificate of eligibility" as defined in Subsection 77- 42-102(4);

(b) "petitioner" means a person seeking a WCCR certificate of eligibility from the bureau; and

History

KEY: certificate of eligibility for removal, white collar crime offender registry, white collar crime offenders
Date of Last Change: November 8, 2024
Notice of Continuation: October 24, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 77-42-108; 77-42-102; 77-40a-101

Utah Admin. Code R722-390-4 Application for a Certificate of Eligibility for Removal

(1)(a) A person may apply for a WCCR certificate of eligibility by submitting a completed Application for Removal of Name from the White Collar Crime Offender Registry form to the bureau.

(b) The application form must be accompanied by a payment of the application fee established by the bureau in the form of cash, check, money order, or credit card.

(2)(a) Upon receipt of a completed application form and payment of the application fee, the bureau shall review each criminal episode contained on the petitioner's criminal history, in its entirety, to determine whether the petitioner meets the requirements for a WCCR certificate of eligibility found in Subsection 77-42-108(2)(b).

(b) In making its determination, the bureau shall also review any federal, state and local criminal records, to which it has access.

(3) If the bureau has insufficient information to determine whether the petitioner meets the requirements for a WCCR certificate of eligibility, the bureau may require the petitioner to submit additional information.

(4) If the bureau finds that the petitioner meets the requirements for the issuance of a WCCR certificate of eligibility, the bureau shall send the WCCR certificate to the petitioner at the address indicated on the application form.

(5) If the bureau finds that the petitioner does not meet the criteria for the issuance of a WCCR certificate of eligibility, the bureau shall send a letter to the petitioner, at the address indicated on the application form, which describes the reasons why the petitioner's application was denied and notifies the petitioner that the petitioner may seek agency review of the bureau's decision by following the procedures outlined in Subsection R722-390-5.

History

KEY: certificate of eligibility for removal, white collar crime offender registry, white collar crime offenders
Date of Last Change: November 8, 2024
Notice of Continuation: October 24, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 77-42-108; 77-42-102; 77-40a-101

Utah Admin. Code R722-390-5 Agency Review of a Decision to Deny an Application for a Certificate of Eligibility for Removal

(1) A petitioner may seek agency review of the denial of an application for a WCCR certificate of eligibility, as provided by Section 63G-4-301, by mailing a written request for review to the bureau within 30 days from the date the denial letter is issued.

(2) The request for agency review must:

(a) be signed by the petitioner;

(b) state the specific grounds upon which relief is requested;

(d) include documentation which supports the petitioner's request for review.

(b) If further review indicates that the petitioner meets the requirements for the issuance of a WCCR certificate of eligibility, the order shall indicate that the petitioner must pay the issuance fee before receiving the WCCR certificate of eligibility.

(c) If further review indicates that the petitioner does not meet the requirements for a WCCR certificate of eligibility, the order shall describe the reasons why the bureau's decision was upheld and notify the petitioner that the petitioner's opportunity to review the bureau's decision is limited to review by the district court as described in Subsection R722-390-6.

History

KEY: certificate of eligibility for removal, white collar crime offender registry, white collar crime offenders
Date of Last Change: November 8, 2024
Notice of Continuation: October 24, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 77-42-108; 77-42-102; 77-40a-101

Utah Admin. Code R722-390-6 Judicial Review

A petitioner may seek judicial review of the bureau's final written order on review denying an application for a WCCR certificate of eligibility, as provided by Section 63G-4-402, by filing a complaint in the district court within 30 days from the date the bureau's final written order is issued.

History

KEY: certificate of eligibility for removal, white collar crime offender registry, white collar crime offenders
Date of Last Change: November 8, 2024
Notice of Continuation: October 24, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 77-42-108; 77-42-102; 77-40a-101

R722-400 Silver Alert Notification System

Utah Admin. Code R722-400-1 Purpose

The purpose of this rule is to establish policies, procedures, and a timeline for the request of a Silver Alert, activation of the Silver Alert Notification System, duration of the Silver Alert, and cancellation of a Silver Alert.

History

KEY: Silver Alert, missing endangered adult, missing
Date of Last Change: November 9, 2025
Notice of Continuation: December 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-10-704

Utah Admin. Code R722-400-2 Authority

This rule is authorized by Section 53-10-704.

History

KEY: Silver Alert, missing endangered adult, missing
Date of Last Change: November 9, 2025
Notice of Continuation: December 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-10-704

Utah Admin. Code R722-400-3 Definitions

(1) Terms used in this rule are defined in Section 53-10-702.

(2) In addition:

(a) "BCI" means the State Bureau of Criminal Identification;

(b) "UCJIS" means the Utah Criminal Justice Information System; and

History

KEY: Silver Alert, missing endangered adult, missing
Date of Last Change: November 9, 2025
Notice of Continuation: December 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-10-704

Utah Admin. Code R722-400-4 Request for a Silver Alert

(1) To submit a request for a Silver Alert following the report of a missing endangered adult, a law enforcement officer or agency shall:

(a) determine that the missing individual meets the criteria to be designated as an endangered adult as defined in Section 53-10-702;

(b) identify the specific area in which the endangered adult was last seen; and

(2) Upon receipt of a request for a Silver Alert from a law enforcement officer or agency, BCI shall send the information to UDOT to activate the Silver Alert Notification System.

(3) UDOT shall activate the electronic signs based on the last known location of the individual that was reported via UCJIS.

(4) UDOT will send the alert notification on the UDOT electronic signs for 8 hours during the day, or 16 hours if the alert is issued after 7 p.m., unless the alert is cancelled earlier in accordance with Section R722-400-5.

(5) The law enforcement officer or agency may contact the BCI Help Desk to request that electronic signs be activated in locations other than the last known location of the individual.

(6) The BCI Help Desk may enter, modify, or cancel an alert if the agency is unable to do such.

History

KEY: Silver Alert, missing endangered adult, missing
Date of Last Change: November 9, 2025
Notice of Continuation: December 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-10-704

Utah Admin. Code R722-400-5 Cancellation of a Silver Alert

To cancel a Silver Alert, a law enforcement officer or agency shall cancel the alert via UCJIS upon determination the alert is no longer needed.

History

KEY: Silver Alert, missing endangered adult, missing
Date of Last Change: November 9, 2025
Notice of Continuation: December 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-10-704

R722-900 Access to Bureau Records

Utah Admin. Code R722-900-1 Purpose

The purpose of this rule is to establish procedures whereby criminal justice agencies, qualified entities, and individuals may obtain access to bureau records.

History

KEY: access to records, UCJIS, criminal justice agencies, qualified entities
Date of Last Change: June 24, 2019
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-102; 53-10-108

Utah Admin. Code R722-900-2 Authority

This rule is authorized by Subsections 53-10-108(9) and (10).

History

KEY: access to records, UCJIS, criminal justice agencies, qualified entities
Date of Last Change: June 24, 2019
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-102; 53-10-108

Utah Admin. Code R722-900-3 Definitions

(1) Terms used in this rule are found in Section 53-10-102.

(2) In addition:

(a) "agency" means a criminal justice agency as defined in Subsection 53-10-102(9) and 28 U.S.C. Subsection 534(e), a vendor entity, or a non-criminal entity authorized to access CJIS under state or federal law;

(b) "bureau" means the Utah Bureau of Criminal Identification within the Department of Public Safety established by Section 53-10-201;

(d) "entity" means an entity qualified to access criminal history information under state or federal law;

(e) "entity id" means an entity's unique identifier that is used to access criminal history information;

(f) "FBI" means the Federal Bureau of Investigation within the United States Department of Justice;

(g) "login id" means a unique identifier in UCJIS for a user or non-user;

(h) "misuse" means the access, use, disclosure, or dissemination of records for a purpose prohibited or not permitted by statute, rule, regulation, or policy of a governmental entity;

(i) "NCIC" means the National Crime Information Center;

(j) "non-user" means a person working for or with an agency, who does not have direct access to UCJIS but has indirect access to records, including individuals who may:

(i) access computer systems or programs used to access UCJIS files; or

(ii) have unrestricted access to a location containing UCJIS records or a computer with UCJIS access;

(k) "ORI" means originating agency identifier;

(l) "provider" means a law enforcement agency as defined in Subsection 53-1-102(1)(c), the Utah Attorney General's Office, a county attorney's office, a district attorney's office, or a city prosecutor's office;

(m) "records" means records created, maintained, or to which access is granted by the bureau, including criminal history information;

(n) "right of access program" means a program established under Subsection 53-10-108(9) in which a provider makes an individual's UCH and warrant of arrest information available to the subject of the record;

(o) "TAC" means an agency's terminal agency coordinator;

(p) "UCH" means Utah Criminal History;

(q) "UCJIS" means Utah Criminal Justice Information System, which includes the Criminal Justice Information System; and

(r) "user" means a person working for or with an agency who has direct access to UCJIS or who obtains UCJIS records from a person who has direct access.

History

KEY: access to records, UCJIS, criminal justice agencies, qualified entities
Date of Last Change: June 24, 2019
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-102; 53-10-108

Utah Admin. Code R722-900-4 Direct Access to UCJIS for Agencies

(1) An agency seeking direct access to UJCIS shall submit a completed Criminal Justice Agency Application Packet to the bureau.

(2)(a) The bureau shall submit the agency's information to the FBI, which shall determine whether the agency meets the requirements for access to CJIS records established by the FBI.

(b) If the FBI determines the agency is entitled to access any CJIS records, the FBI shall assign the agency an ORI and the bureau shall notify the agency in writing what records it may access on UCJIS using the assigned ORI.

(c)(i) If the FBI determines that the agency is not entitled to access records on CJIS, the bureau shall notify the agency of the FBI's decision and refer the agency to the agencies whose records are available on UCJIS to determine if the agency may have access to those records.

(ii) If the agency is granted access to any records on UJCIS, the bureau shall assign the agency an ORI and notify the agency in writing which records the agency may access using that ORI.

(iii) If the agency is not entitled to access any records on UCJIS, the bureau shall notify the agency in writing and provide notice of the right to appeal pursuant to R722-900-10.

(3)(a) Within 30 days after an agency is granted access to records on UCJIS, it shall submit the following documents to the bureau:

(i) a Criminal Justice Agency Agreement, signed by the agency administrator; and

(ii) a CJIS fingerprint submission form with a legible FD258 fingerprint card for the TAC, which shall be retained in the FBI Rap Back System in accordance with Subsection 53-10-108(14).

(b) The bureau shall conduct a fingerprint-based criminal history background check of the TAC.

(c) If the bureau determines that the TAC meets all the requirements for access to UCJIS, the TAC shall complete the new TAC orientation training provided by the bureau within six months.

(d) If the bureau determines that the TAC does not meet the requirements for access to UCJIS, the bureau shall notify the agency and the TAC in writing including notice of the right to appeal pursuant to R722-900-10.

(4)(a) The agency TAC may conduct a criminal history check using the name and date of birth of each user or non- user at the agency when making determination concerning employment by the agency.

(b) The TAC shall create an account on UCJIS and assign the user or non-user a login id.

(c) Before a user or non-user is allowed unescorted access to CJIS information or unescorted access to secure or controlled locations with CJIS information, the individual must be approved by the bureau to access CJIS information.

(d) In order to obtain approval to access CJIS information, the TAC must submit to the bureau:

(i) a UCJIS User Agreement for each user and non-user; and

(ii) a CJIS fingerprint submission form with a legible FD258 fingerprint card for all users and non-users employed at the agency, which shall be retained in the FBI Rap Back System in accordance with Subsection 53-10-108(14).

(e) The bureau shall conduct a fingerprint-based criminal history background check for all users and non-users employed at the agency.

(f) If the bureau determines that a user or non-user meets the requirements for access to CJIS, the bureau shall notify the TAC that the user or non-user has been approved.

(i) If the individual is approved by the bureau, but has a criminal record, the agency TAC shall notify the bureau that it intends to employ the individual before access to CJIS may be activated.

(g) If the bureau determines a user or non-user does not meet the requirements for access to CJIS, the bureau shall notify the user or non-user, the TAC, and the agency administrator in writing which includes the right to appeal pursuant to R722-900-10.

(5)(a) Within six months of assigning a login id to a user or non-user, the TAC shall train the user or non-user in accordance with the BCI Operations Manual.

(b) Upon completion of the training, the TAC shall administer a test to the users and submit to the bureau a signed testing agreement form from each user indicating that the user passed all of the required training and testing.

(6)(a) The TAC shall attend the annual TAC training meeting and provide updates to all users and non-user at the agency based on the training.

(b) The TAC shall be responsible for ensuring that all users or non-users at the agency complete all training required by the bureau.

(c) The TAC shall be responsible for ensuring that all users at the agency complete all re-testing required by the bureau.

(d) The bureau may suspend or revoke a TAC's, user's, non-user's access to records if the TAC, user, or non-user fails to complete the required training or testing.

History

KEY: access to records, UCJIS, criminal justice agencies, qualified entities
Date of Last Change: June 24, 2019
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-102; 53-10-108

Utah Admin. Code R722-900-5 Access for Entities

(1)(a) An entity seeking access to criminal background check information for employment background checks or other screening purposes shall submit a completed Qualified Entity Application Packet to the bureau, which includes the following:

(i) a Qualified Entity Application Form;

(ii) documentation that it is a business, organization, or governmental entity that is qualified to access criminal background check information;

(iii) a description of why the entity is seeking to conduct employment background checks or other screenings;

(iv) billing information; and

(v) contact information for:

(A) the entity's administrator; and

(B) a point of contact.

(2)(a) The bureau shall review the entity's application to determine whether the entity meets the requirements for access to criminal background check information found in state or federal law.

(b) The bureau may request additional documentation from the entity to verify whether the entity is qualified to access criminal history information.

(c) If the bureau determines that an entity is qualified to access criminal background check information, it shall notify the entity in writing and assign it an entity id.

(d) If the bureau determines the entity is not qualified to access criminal background check information, the bureau shall notify the entity of the bureau's decision in writing and provide notice of the right to appeal pursuant to R722-900-10.

(3)(a) Once an entity has been granted access to criminal background check information, it shall submit the following documents to the bureau:

(i) a Qualified Entity Agreement, signed by the entity administrator; and

(ii) a signed Qualified Entity Employee Agreement for each employee of the entity who will have access to criminal background check information.

(b) Any employee of the entity who has access to criminal background check information shall successfully complete all training and testing required by the bureau.

(c) The bureau may suspend or revoke access to criminal background check information if an employee of an entity fails to complete the required training and testing or violates any provision contained within the signed Qualified Entity Agreement or signed Qualified Entity Employee Agreement.

History

KEY: access to records, UCJIS, criminal justice agencies, qualified entities
Date of Last Change: June 24, 2019
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-102; 53-10-108

Utah Admin. Code R722-900-6 Individual Right of Access

(1) An individual may review his or her own criminal history record information contained in a UCH, by submitting a completed Criminal History Record Application to the bureau along with:

(a) a set of fingerprints which have been verified with photo identification at the time the fingerprints were taken;

(b) a copy of a government issued photo identification; and

(2)(a) An individual may challenge the completeness and accuracy of the information contained in the individual's UCH by submitting a completed Application to Challenge Criminal History Records to the bureau along with:

(i) the challenge fee; and

(ii) documentation to establish what information is missing or incorrect on the UCH.

(b) The challenge process shall be an informal adjudicative proceeding under Section 63G-4-203.

(c)(i) If the bureau determines that the individual's criminal history record information is incomplete or inaccurate, the bureau shall amend the UCH.

(ii) The bureau shall send the individual a letter notifying the individual of the changes made to the individual's UCH and a copy of the individual's corrected UCH.

(d)(i) If the bureau determines that the criminal history record information is correct, the bureau shall notify the individual in writing that the UCH shall not be amended.

(ii) An individual may appeal the bureau's decision not to amend a record to district court in accordance with Section 63G-4-402.

(e) If the bureau determines that the individual seeking to challenge the information in the UCH is not the subject of the record, the bureau shall notify the individual in writing.

History

KEY: access to records, UCJIS, criminal justice agencies, qualified entities
Date of Last Change: June 24, 2019
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-102; 53-10-108

Utah Admin. Code R722-900-7 Right of Access Programs

(1) A provider seeking to establish a right of access program shall submit a completed Right of Access Contract.

(2)(a) The bureau shall review the Right of Access Provider Contract to determine whether the provider may conduct a right of access program.

(b) The bureau may request additional information from the provider to determine whether the provider may conduct a right of access program.

(c) If the bureau determines that a provider is qualified to conduct a right of access program, it shall notify the provider in writing.

(d) If the bureau determines the provider is not qualified to conduct a right of access program, it shall notify the provider of the bureau's decision in writing.

History

KEY: access to records, UCJIS, criminal justice agencies, qualified entities
Date of Last Change: June 24, 2019
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-102; 53-10-108

Utah Admin. Code R722-900-8 Audits

(1)(a) All agencies and entities shall submit to audits conducted by the bureau.

(b) Upon request, an agency and entity shall complete the Pre-audit Request within 30 days from the date it is sent by the bureau.

(d) The bureau shall review the information submitted by the agency and entity to determine if the agency and entity is in compliance with applicable state and federal statutes, rules, and regulations.

(e) The bureau shall notify the agency and entity of the audit results in writing and give the agency, entity, or provider an opportunity to rectify any issues it found during the audit.

(f) The bureau may suspend or revoke an agency's access to UCJIS or an entity's access to criminal background check information if it fails to comply with the audit or rectify issues found during the audit.

History

KEY: access to records, UCJIS, criminal justice agencies, qualified entities
Date of Last Change: June 24, 2019
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-102; 53-10-108

Utah Admin. Code R722-900-9 Misuse

(1) Anyone who has reason to believe that records have been misused may submit a written complaint to the bureau.

(2)(a) The bureau shall conduct a review of its records to determine if there is any evidence to support the complaint.

(b) If the bureau finds evidence indicating records may have been accessed, used, disclosed, or disseminated, the bureau shall notify the agency TAC or entity point of contact and request that an internal review be conducted.

(3) The agency or entity shall be responsible for conducting an internal review to determine if there has been misuse of a record and submit its findings to the bureau within 30 days.

(4)(a) If the agency or entity determines there was misuse, the agency or entity shall submit a corrective action plan to the bureau.

(b) The bureau shall review the corrective action plan to determine if the action taken by the agency or entity was sufficient to address the misuse.

(5) If the bureau finds that an agency, entity, TAC, user, non-user, or employee of an agency or entity misused records, the bureau may:

(a) suspend or revoke the access of the agency, entity, TAC, user, non-user, or employee of an agency or entity; and

(b) refer the matter to the appropriate law enforcement agency for investigation and prosecution.

(6) The bureau may suspend or revoke access to records by an agency, entity, TAC, user, non-user, or employee of an agency or entity if the agency, entity, TAC, user, non-user, or employee of an agency or entity fails to comply with any terms of the signed agreement.

History

KEY: access to records, UCJIS, criminal justice agencies, qualified entities
Date of Last Change: June 24, 2019
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-102; 53-10-108

Utah Admin. Code R722-900-10 Appeal

(1)(a) An agency or entity denied access to records may appeal the bureau's decision by sending a written request for review to the bureau within 30 days of the date of the denial of access.

(b) An agency or entity may appeal the bureau's decision to deny a TAC, user, or non-user access to records by sending a written request for review to the bureau within 30 days of the date of the denial of access.

(2) A request for review shall include:

(a) a description of the grounds for review; and

(b) supporting documentation.

(3)(a) The bureau director or the director's designee shall review the request for review and issue a written decision within 30 days from the date of the appeal.

(b) If the bureau's decision to deny an agency or entity is upheld, the bureau shall notify the agency or entity of the right to appeal to the district court by complying with the requirements in Section 63G-4-402.

History

KEY: access to records, UCJIS, criminal justice agencies, qualified entities
Date of Last Change: June 24, 2019
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 53-10-102; 53-10-108

R722-910 Non-Reportable Traffic Offenses

Utah Admin. Code R722-910-1 Purpose

The purpose of this rule is to establish procedures regarding the collection and dissemination of non-reportable traffic offenses.

History

KEY: criminal offenses, fingerprints, non-reportable offenses
Date of Last Change: November 9, 2025
Notice of Continuation: September 29, 2025
Authorizing, and Implemented or Interpreted Law: 53-10-104(13); 53-10-102; 77-40a-101(24)

Utah Admin. Code R722-910-2 Authority

This rule is authorized by Subsection 53-10-104(13).

History

KEY: criminal offenses, fingerprints, non-reportable offenses
Date of Last Change: November 9, 2025
Notice of Continuation: September 29, 2025
Authorizing, and Implemented or Interpreted Law: 53-10-104(13); 53-10-102; 77-40a-101(24)

Utah Admin. Code R722-910-3 Definitions

(1) Terms used in this rule are defined in Section 53-10-102.

(2) In addition:

(a) "traffic offense" has the same meaning as defined in Subsection 77-40a-101(24).

History

KEY: criminal offenses, fingerprints, non-reportable offenses
Date of Last Change: November 9, 2025
Notice of Continuation: September 29, 2025
Authorizing, and Implemented or Interpreted Law: 53-10-104(13); 53-10-102; 77-40a-101(24)

Utah Admin. Code R722-910-4 Dissemination of Criminal History Record Information

(1) The division shall collect and disseminate criminal history record information in accordance with Section 53-10- 101 et seq., except when it is information corresponding to a non-reportable traffic offense as defined in Subsection 77-40a- 101(24).

(2) A law enforcement agency is not required to submit fingerprints as provided in Section 53-10-207 in connection with any offense that meets the definition of a non-reportable traffic offense.

History

KEY: criminal offenses, fingerprints, non-reportable offenses
Date of Last Change: November 9, 2025
Notice of Continuation: September 29, 2025
Authorizing, and Implemented or Interpreted Law: 53-10-104(13); 53-10-102; 77-40a-101(24)

R722-920 Cold Case Database

Utah Admin. Code R722-920-1 Authority

This rule is authorized under Section 53-10-115.

History

KEY: cold case database, cold cases, database
Date of Last Change: February 20, 2019
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-10-115

Utah Admin. Code R722-920-2 Purpose

The purpose of this rule is to specify the information to be collected and maintained in the cold case database, and what information may be accessed by the public.

History

KEY: cold case database, cold cases, database
Date of Last Change: February 20, 2019
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-10-115

Utah Admin. Code R722-920-3 Definitions

(1) Terms used in this rule are defined in Section 53-10-102 and 53-10-115.

(2) In addition:

(a) "CODIS" means the Combined DNA Index System;

(b) "database" means the cold case database established in Subsection 53-10-104(17);

(d) "NCIC" means the National Crime Information Center;

(d) "NCMEC" means the National Center for Missing and Exploited Children; and

(d) "ViCAP" means the Violent Criminal Apprehension Program.

History

KEY: cold case database, cold cases, database
Date of Last Change: February 20, 2019
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-10-115

Utah Admin. Code R722-920-4 Information to Be Collected and Maintained

(1) Each law enforcement agency in the state shall provide information regarding the following cold case types to the division for inclusion in the database:

(a) unresolved homicide; or

(b) missing person.

(2) The following information is required, when available, in order for a cold case to be included in the database:

(a) the victim's:

(i) name;

(ii) gender;

(iii) race;

(iv) ethnicity; and

(v) date of birth;

(b) ViCAP number, if the case has been entered into the ViCAP system;

(d) whether the case was entered into the NAMUS system;

(e) NCIC number if entered into the NCIC system;

(f) Medical Examiner case number;

(g) whether probative, unanalyzed suspect reference DNA is available;

(h) whether a probative, crime scene DNA profile from the putative perpetrator has been uploaded to CODIS;

(i) whether reference DNA from the victim is available;

(j) State Bureau of Forensic Services case number;

(k) name of agency referring the case;

(l) investigating agency contact number;

(m) date case entered into the database;

(n) agency case number;

(o) whether the victim was a juvenile or adult victim at the time the crime occurred;

(p) date crime was reported to investigating agency;

(q) date or approximate date the victim was last seen;

(r) date or approximate date of death;

(s) cause or manner of death;

(t) location body was found if a body was found;

(u) whether a weapon was used, and the type of weapon used if applicable;

(v) whether the following evidence is available:

(i) fingerprints

(ii) palm prints;

(iii) latent prints;

(iv) dental records;

(vi) shell casings; or

(v) other physical evidence;

(w) scars, marks and tattoos;

(x) whether a suspect or person of interest has been identified;

(y) date case solved; and

(z) case narrative.

(2) The following information may be entered into the database at the discretion of the investigating agency for a cold case:

(a) associated information which may include the following:

(i) vehicle information;

(ii) nickname or moniker;

(iii) associated case addresses;

(iv) associated phone numbers;

(v) associated names

(b) case photos or composite drawings at the discretion of the investigating agency; and

History

KEY: cold case database, cold cases, database
Date of Last Change: February 20, 2019
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-10-115

Utah Admin. Code R722-920-5 Information That May Be Accessed by the Public

(1) The following information maintained in the database shall be made available to the public:

(a) case type;

(b) the victim's:

(i) name;

(ii) gender;

(iii) race; and

(iv) age;

(d) agency case number;

(e) date of crime;

(f) date of death; and

(g) status of case.

(2) Additional information maintained in the database may be made available to the public at the discretion of the investigating agency.

History

KEY: cold case database, cold cases, database
Date of Last Change: February 20, 2019
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-10-115

R722-930 Automatic Expungement

Utah Admin. Code R722-930-1 Purpose

The purpose of this rule is to establish the procedure by which the Bureau of Criminal Identification will process a court order to expunge clean slate eligible criminal history information.

History

KEY: automatic expungement, clean slate eligible case
Date of Last Change: November 8, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 77-40a-101; 77-40a-104; 77-40a-403; 77-40a-404

Utah Admin. Code R722-930-2 Authority

Section 77-40a-104 authorizes the department to promulgate rules to implement procedures for processing an automatic expungement.

History

KEY: automatic expungement, clean slate eligible case
Date of Last Change: November 8, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 77-40a-101; 77-40a-104; 77-40a-403; 77-40a-404

Utah Admin. Code R722-930-3 Definitions

The terms used in this rule are defined in Section 77-40a-101.

History

KEY: automatic expungement, clean slate eligible case
Date of Last Change: November 8, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 77-40a-101; 77-40a-104; 77-40a-403; 77-40a-404

Utah Admin. Code R722-930-4 Procedure for Automatic Expungement Processing

Upon electronic receipt of a completed court order to expunge a clean slate eligible criminal case, the bureau shall:

(1) determine whether the clean slate eligible criminal case is contained within the Utah Criminal History database and the Federal Bureau of Investigation's Next Generation Identification database;

(2) remove any information associated with the criminal case from applicable databases;

(3) create a record of the automatic expungement in a separate database for use by authorized entities under Sections 77-40a-403 and 77-40a-404; and

(4) provide electronic notice to each law enforcement agency identified in the order of expungement.

History

KEY: automatic expungement, clean slate eligible case
Date of Last Change: November 8, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 77-40a-101; 77-40a-104; 77-40a-403; 77-40a-404

R728 Peace Officer Standards and Training

R728-205 Council Resolution of Public Safety Retirement Eligibility

Utah Admin. Code R728-205-1 Authority

The authority for this rule is authorized under UCA Sections 53-6-105, 49-14-201(4)(5)(6) and 49-15-201(5)(6)(7).

History

KEY: retirement, peace officer
Date of Last Change: January 20, 2007
Notice of Continuation: August 7, 2024
Authorizing, and Implemented or Interpreted Law: 49-14-201(4)(5)(6); 49-15-201(5)(6)(7); 53-6-105

Utah Admin. Code R728-205-2 Purpose

To describe the process by which the Council will determine eligibility for participation in the public safety retirement system.

History

KEY: retirement, peace officer
Date of Last Change: January 20, 2007
Notice of Continuation: August 7, 2024
Authorizing, and Implemented or Interpreted Law: 49-14-201(4)(5)(6); 49-15-201(5)(6)(7); 53-6-105

Utah Admin. Code R728-205-3 Eligibility

A. The following shall be the minimum requirements established for eligibility of employment positions into the public safety retirement system:

the employment position requires full-time employment with the employing unit;
the employment position requires the employee to serve in a position that may place the employee at risk to life and personal safety;
the employment position requires peace officer certification and training in the peace officer, correctional officer, or special function officer designations defined under UCA Section 53-13-103, 53-13-104, or 53-13-105;
the employment position’s primary duties shall consist of the duties defined under UCA Section 53-13-103, 53-13- 104, or 53-13-105.

History

KEY: retirement, peace officer
Date of Last Change: January 20, 2007
Notice of Continuation: August 7, 2024
Authorizing, and Implemented or Interpreted Law: 49-14-201(4)(5)(6); 49-15-201(5)(6)(7); 53-6-105

Utah Admin. Code R728-205-4 Procedures

A. The Council shall establish a subcommittee to review all disputes between the retirement office and an employing unit or employee regarding public safety retirement eligibility.

B. The subcommittee shall only review employment positions eligible for public safety retirement.

C. The subcommittee shall review disputed employment positions within a reasonable period of time after receipt of notice of the dispute.

D. Within 30 days of receipt of the notice of dispute, the subcommittee shall give written notification to the concerned parties that it is considering the dispute, including notice of the opportunity to submit written briefs to the subcommittee within thirty days of said notice. Either party may request a hearing before the subcommittee within 30 days of the issuance of said notice. If both parties fail to request a hearing, the subcommittee will decide the issue, and make it’s recommendation based on the written briefs.

E. The recommendation of the subcommittee shall be made in writing and copies of the order shall be mailed to the concerned parties.

F. All parties in the dispute shall have an opportunity to request a review of the subcommittee’s recommendation before the Council.

Requests for review shall be submitted in writing to the director of the division within 15 days from the date of issuance of the subcommittee’s recommendation.
Requests for review shall contain all issues and evidence which the party wishes to present before the Council, and a copy thereof shall be sent to all other parties. The party seeking the review shall provide to all transcripts, documents and briefs to the Council within 30 days after filing the notice requesting review. No party shall be permitted oral argument before the Council unless a request for oral argument is filed with the Council within the same 30 day period. If oral argument is requested, the parties shall be permitted 20 minutes each to present oral argument on their respective positions.
Upon receipt of the subcommittee’s recommendation and/or a request for review, the director shall notify the Council and schedule a hearing for the next available Council meeting.
A majority of those Council members considering the recommendation shall be required to adopt said recommendation.
The Council shall render a written decision within a reasonable period of time, and the director shall issue a formal written notice thereof to all concerned parties. The director’s written notice shall constitute final agency action.

G. All proceedings under this rule shall be informal as set forth in UCA Section 63G-4-202, and shall be conducted pursuant to the procedures set forth in UCA Section 63G-4-203.

History

KEY: retirement, peace officer
Date of Last Change: January 20, 2007
Notice of Continuation: August 7, 2024
Authorizing, and Implemented or Interpreted Law: 49-14-201(4)(5)(6); 49-15-201(5)(6)(7); 53-6-105

R728-401 Training Academy Requirements

Utah Admin. Code R728-401-1 Authority

This rule is authorized by Subsection 53-6-105(1)(k), which provides that the director shall, with the advice of the council, make rules necessary to administer Title 53 Chapter 6.

History

KEY: dispatchers, peace officers, satellite academies, training programs
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-212; 53-6-310

Utah Admin. Code R728-401-2 Purpose

The purpose of this rule is to provide procedures regarding the operation of training programs.

History

KEY: dispatchers, peace officers, satellite academies, training programs
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-212; 53-6-310

Utah Admin. Code R728-401-3 Definitions

(1) Terms used in this rule are defined in Section 53-6-102.

(2) In addition:

(a) "Agency-sponsored applicant" means a person seeking admission into a training program who is a full time, paid employee of a governmental entity, and who the division has responsibility to train as defined in Section 53-6-212, "agency-sponsored applicant" does not include a part-time, reserve, or contract employee;

(b) "Satellite academy" means a certified academy or training program administered by a governmental entity or institution of higher education that is established primarily for the training of its employees or self-sponsored applicants;

(c) "Self-sponsored applicant" means a person seeking admission into a training program who is responsible for paying the cost of the training program;

(d) "Training program" means the basic training courses offered by the division or one of the satellite academies, which are required to become a:

(i) special function officer;

(ii) correctional officer;

(iii) law enforcement officer; or

(iv) dispatcher.

History

KEY: dispatchers, peace officers, satellite academies, training programs
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-212; 53-6-310

Utah Admin. Code R728-401-4 Admission into a Training Program

(1) All applicants seeking to attend a training program must submit an application packet to the division in accordance with R728-403.

(2) The division shall pay the costs of an agency-sponsored applicant to attend the training program offered at POST.

(a) The agency-sponsored applicant's employer must verify the applicant is a full-time employee of a governmental entity who will be functioning as a peace officer.

(3) Self-sponsored applicants shall be responsible for paying all costs associated with the training program.

(a) Self-sponsored applicants may only attend a training program offered at POST if special circumstances exist and approval has been granted by the director.

History

KEY: dispatchers, peace officers, satellite academies, training programs
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-212; 53-6-310

Utah Admin. Code R728-401-5 Approval of Satellite Academies

(1) A law enforcement agency, correctional agency, or institution of higher learning that meets the conditions and requirements set forth below may conduct a basic peace officer training program that is primarily established for the training of self- sponsored applicants, with the approval of the council.

(2) An entity seeking to operate a satellite academy shall submit to the director, a request in writing and include documentation of:

(a) the background and qualifications of the individual who will be the director of the satellite academy; and

(b) the need to operate the satellite academy through evidence that:

(i) there are no satellite academies within a 30 mile radius of the location where the new academy will operate;

(ii) a law enforcement agency in the county or region has requested, in writing, that the entity operate a satellite academy;

(iii) a satellite academy operating within the county, region or within 30 miles of the location of the applying entity has indicated that it is unable to meet the demand for training; or

(iv) the entity will provide a unique or specialized training program that is not currently offered in the county, region, or within 30 miles of the location of the applying entity.

(3) The division, with the approval of the council, may authorize an entity to operate a satellite academy if the entity demonstrates there is a need for additional training programs:

(a) in the county or region where the proposed satellite academy is to operate; or

(b) that cannot reasonably be met by the division.

History

KEY: dispatchers, peace officers, satellite academies, training programs
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-212; 53-6-310

Utah Admin. Code R728-401-6 Procedures for Course Validation

(1) Courses taught at training programs shall contain the content and meet the requirements established by the division and approved by the council.

(2) A satellite academy shall provide the division with a class schedule and a list of instructors before training may begin.

(3) A satellite academy shall ensure that all equipment required to perform the training be furnished by the sponsoring agency, self-sponsored applicant, or training facility; and that such equipment meets POST standards.

(4) All instructors must be POST certified instructors, and approved to instruct in their assigned topic.

(a) Instructors teaching academic portions of the curriculum must have completed an instructor development course recognized by the division and received POST certification as outlined in R728-502-5.

(b) Instructors teaching skill portions of the curriculum must have completed the specialty instructor requirements for the specific skill area being taught and received POST certification as outlined in R728-502-9.

(5) Lesson plans for each topic must be prepared in accordance with the currently approved student performance objectives.

(6) The POST approved on-line assessment system shall be utilized to administer all tests and examinations.

(a) Tests and examinations shall be administered as outlined in the approved curriculum.

(b) Program coordinators must proctor all tests and examinations.

(c) The final certification exam shall not be administered until the student has completed all academic requirements of the course.

(d) The final certification examination shall be a comprehensive examination and shall require a minimum score of 80% to pass.

(7) Physical fitness assessment standards are set by the division and approved by the council.

(a) Program coordinators must administer the physical fitness assessment i n accordance with POST approved procedures.

(8) Attendance rosters shall be kept to satisfy statutory requirements and copies of these rosters shall be submitted to the division.

(a) A student who has missed more than 16 hours of a basic peace officer course, or four hours of a basic dispatcher course, may not become certifiable until appropriate makeup work has been completed.

(b) If, as determined by the academy staff, a student has missed a significant part of any subject or block of instruction, that student may not be certifiable until appropriate make-up work is completed.

(9) Successful completion of the course and completion of all POST required documentation is necessary before the student may be certifiable.

(a) All documentation must be completed and submitted to the division within 14 calendar days of completion of the course.

(10) The division shall conduct audits and site visits of each satellite academy to ensure compliance with all rules established herein.

History

KEY: dispatchers, peace officers, satellite academies, training programs
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-212; 53-6-310

R728-403 Procedures for Certification

Utah Admin. Code R728-403-1 Authority

This rule is authorized by Subsection 53-6-105(1)(k).

History

KEY: dispatchers, peace officers, certifications, waivers
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-203; 53-6-205; 53-6-206; 53-6-208; 53-6-302; 53-6-303; 53-6- 304; 53-6-306

Utah Admin. Code R728-403-2 Purpose

This rule provides procedures for a dispatcher or peace officer to become certified or reactivate certification.

History

KEY: dispatchers, peace officers, certifications, waivers
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-203; 53-6-205; 53-6-206; 53-6-208; 53-6-302; 53-6-303; 53-6- 304; 53-6-306

Utah Admin. Code R728-403-3 Definitions

(1) Terms used in this rule are defined in Section 53-6-102.

(2) In addition:

(a) "Actively Engaged" means a currently certified peace officer as defined in Sections 53-13-102 through 53-13-105 who works while on duty as defined in Section 53-13-101 for a minimum of 60 hours per reporting year and receives annual training as defined in Subsection 53-6-306(3)(a);

(b) "Applicant" means a person seeking to become certified or reinstate certification as a dispatcher or peace officer;

(c) "Certification examination" means the written test given to an applicant to become certified or to reactivate certification as a dispatcher or peace officer;

(d) "Physical fitness test" means the physical fitness standards adopted by the council, which must be met to become a peace officer;

(e) "POST" means the Peace Officer Standards and Training Division created in Section 53-6-103;

(f) "Reporting year" means an annual period starting on July 1, and ending on June 30 of the following year;

(g) "Training program" means the basic training courses offered by the division or one of the certified academies, which are required to become a:

(i) special function officer;

(ii) correctional officer;

(iii) law enforcement officer; or

(iv) dispatcher; and

(h) "Training year" means the same as reporting year.

History

KEY: dispatchers, peace officers, certifications, waivers
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-203; 53-6-205; 53-6-206; 53-6-208; 53-6-302; 53-6-303; 53-6- 304; 53-6-306

Utah Admin. Code R728-403-4 Application for Training and Certification

(1) An applicant seeking to become certified as a dispatcher or peace officer shall submit a completed application packet to the division that includes:

(a) a written or electronic application form provided by the division;

(b) a photocopy of a government-issued identification card;

(i) a photocopy of a birth certificate;

(ii) a photocopy of a United States passport;

(iii) in the case of naturalized citizen, a naturalization number; or

(iv) in the case of a lawful permanent resident, a photocopy of a lawful permanent resident card that identifies residence for five years immediately preceding the day on which the application is made;

(d) one completed FBI applicant fingerprint card, form FD-258, with the applicant's legible fingerprints;

(e) one recent color photograph of passport quality with the applicant's name written on the back of the photograph;

(f) evidence that the applicant has completed high school or obtained the educational equivalent; and

(g) the application fee, unless the applicant has been hired as a dispatcher or peace officer by a governmental entity.

(2) An applicant seeking to become a certified peace officer shall also submit a medical evaluation from a medical doctor indicating the applicant is able to participate in each aspect of the training program.

(3)(a) The applicant must submit the application packet four weeks before the start of a training program to allow the division adequate time to process the application packet.

(b) The division may not accept nor process any application that is not complete or fails to include required attachments.

(4) An application is valid for one year from the time the application is completed by the applicant.

(5)(a) Once a completed application packet is received by the division, the packet shall be reviewed to determine if the applicant meets the requirements in Section 53-6-203 or 53-6-302.

(b) If the division does not have sufficient information to make this determination, the division may request the applicant provide additional information.

(6)(a) In determining whether an applicant has demonstrated good moral character as required by Section 53-6-203 or 53-6-302, the division shall conduct a criminal history background check of local, state, and national criminal history files to determine if the applicant has a criminal record.

(b) An applicant with a criminal history that contains any of the following shall be denied entrance into a training program and may not receive certification:

(i) a conviction of a felony under state or federal law in this or any other state;

(ii) dismissal from the armed services under dishonorable conditions; or

(iii) a conviction of domestic violence, unless the conviction has been dismissed, expunged, or set aside.

(c) An applicant who has been convicted of, or involved in conduct that is a state or federal criminal offense, may not be allowed to attend a basic training program or receive POST certification for a period consistent with the POST Council disciplinary guidelines as approved by the council.

(i) The waiting period shall run from the date of the involvement, unless the applicant is still under court supervision for the violation, in which case the applicant will not be allowed to apply until the probation has been successfully completed or the applicant is no longer under court supervision.

(ii) Waiting periods shall run concurrently for applicants who have been convicted of or involved in multiple violations.

(d) Any activity involving the abuse of alcohol or drugs may be considered in determining whether an applicant will be allowed to attend a basic training program or receive POST certification.

(e) An applicant convicted of or involved in minor crimes not otherwise identified in this rule, including traffic violations that reflect a willful disregard for lawful behavior as evidenced by repetitiveness of conduct or other aggravating factors, may not be allowed to attend a basic training program or receive POST certification before one year from the latest conviction or involvement.

(f) In cases where arrest warrants are issued, the one year waiting period will begin when the warrant is served on the applicant.

(g) If an applicant is found to have falsified any information to gain admittance into a basic training program, a one- year waiting period shall be applied from the date the division becomes aware of the falsification.

(i) If the falsified information is covered by other sections of this rule, including a state or federal criminal offense, and a specific waiting period is required, the division shall require the applicant to wait the longer of the two periods.

(ii) If the division becomes aware of a falsification before the applicant takes the certification examination, the division shall prohibit the applicant from taking the certification exam.

(iii) An applicant who is dismissed during a basic training program for falsifying any information to obtain certification is not eligible for further POST training or certification until the two-year waiting period has been met.

(iv) If an applicant becomes certifiable and then is subsequently discovered to have falsified information to obtain certified status, that individual may be subject to suspension of their POST certification.

(7) An applicant who is dismissed from a basic training program for cheating or plagiarism is not eligible for further POST training or certification until a two-year waiting period has been met.

(8) If the applicant is the subject of an open investigation by the division or a law enforcement agency, the applicant may not attend a training program until the investigation is completed, unless the investigation is for a traffic offense that is a class C misdemeanor or infraction.

(9) If the division determines that the applicant meets the requirements in Section 53-6-203 or 53-6-302, the division shall notify the applicant that the applicant is eligible to attend a training program.

(10) If the division determines that the applicant does not meet the requirements in Section 53-6-203 or 53-6-302, the applicant shall be denied admission to a training program.

(11) Applicants who are accepted into a peace officer training program shall pass the POST physical fitness requirements for entrance into the specific training program as approved by the council and outlined in POST policy and procedure 2390, Physical Training Requirements.

(12) Applicants who are accepted into a peace officer training program shall be subject to random and "for cause" drug testing as outlined in POST policy and procedure 2400, Drug Testing for Applicants and Cadets.

(13) Applicants seeking dispatcher certification must also provide evidence of Utah Emergency Medical Dispatcher certification.

History

KEY: dispatchers, peace officers, certifications, waivers
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-203; 53-6-205; 53-6-206; 53-6-208; 53-6-302; 53-6-303; 53-6- 304; 53-6-306

Utah Admin. Code R728-403-5 Completion of a Training Program

(1) An applicant seeking to become certified as a peace officer successfully completes the training program by:

(a) attending required training courses;

(b) obtaining passing scores on intermediate and subject specific tests; and

(2) Applicants shall be subject to officially published policy at the training academy they attend.

(3) An applicant who fails to complete any portion of the academic training program may not take the certification examination.

(4) An applicant may take the certification examination before passing the physical fitness, defensive tactics, firearms, or emergency vehicle operations tests.

(5) An applicant must pass the certification examination, physical fitness, defensive tactics, emergency vehicle operations and firearms tests, within 18 months after completing the training program to be certified as a peace officer.

(6) An applicant who fails the certification examination twice shall be denied certification and may not take the certification examination again until the applicant satisfactorily completes another approved basic training program.

History

KEY: dispatchers, peace officers, certifications, waivers
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-203; 53-6-205; 53-6-206; 53-6-208; 53-6-302; 53-6-303; 53-6- 304; 53-6-306

Utah Admin. Code R728-403-6 Waiver of Basic Training Program

(1) An applicant who has not attended a training program offered by the division or a satellite academy, may seek to waive a training program by submitting a completed waiver packet to the division that includes:

(a) a completed application packet as provided in Section R728-403-4;

(b) documentation showing that the applicant has completed training equivalent to the training program the applicant is seeking to waive, such as:

(i) a copy of the training curriculum;

(ii) the number of hours completed; and

(iii) the date the training was completed; and

(i) a detailed job description; and

(ii) verification from the applicant's employer of the last date the applicant worked as a dispatcher or peace officer.

(2)(a) Upon receiving a completed waiver packet, the division shall review the packet to determine if the training completed by the applicant is the equivalent of the training program the applicant seeks to waive.

(b) If the division does not have sufficient information to make this determination, the division may request that the applicant submit additional information.

(3) If the division determines the peace officer training completed by the applicant is the equivalent of the peace officer training program the applicant seeks to waive, and the program was completed less than four years before the date the applicant will take the certification examination, or the applicant has been actively engaged in performing the duties of a peace officer within the past four years, and the applicant meets the requirements in Section R728-403-4 and Sections 53-6-203 and 53- 6-206, the applicant may take the physical fitness test and the certification examination.

(a) If the applicant passes both the physical fitness test and the certification examination, the applicant shall be certified as a peace officer.

(b) If the applicant fails to pass the certification examination, the applicant shall be given one additional opportunity to pass the certification examination, which must be completed within one year from the time the application is completed by the applicant.

(c) An applicant who fails the certification examination after two attempts shall be denied certification and may not be permitted to take the certification examination again until the applicant satisfactorily completes an approved basic training program.

(d) If the applicant fails to pass the physical fitness test, the applicant may be given additional opportunities to pass during regularly scheduled fitness tests provided by POST.

(e) The applicant must pass the certification examination and the physical fitness test within four years from the date of completion of the original training program, or four years from the date they were last actively engaged in the duties of a peace officer.

(f) An applicant who successfully completes the waiver process for law enforcement officer certification or correctional officer certification shall be deemed to have also completed requirements for special functions officer certification.

(g) An applicant seeking to be certified as both a law enforcement officer and a correctional officer must complete the waiver process and pass the certification examinations for each of those peace officer classifications.

(4) If the division determines that the dispatcher training completed by the applicant is the equivalent of the training program the applicant seeks to waive, and the program was completed less than four years before the date the applicant will take the certification examination, or the applicant has been actively engaged in performing the duties of a dispatcher within the past four years, and the applicant meets the requirements in Section R728-403-4 and Sections 53-6-302 and 53-6-304, the applicant may take the certification examination.

(a) If the applicant passes the certification examination, the applicant shall be certified as a dispatcher.

(5) If the applicant fails to meet any of the requirements set forth in this rule, the applicant may not waive the training program.

History

KEY: dispatchers, peace officers, certifications, waivers
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-203; 53-6-205; 53-6-206; 53-6-208; 53-6-302; 53-6-303; 53-6- 304; 53-6-306

Utah Admin. Code R728-403-7 Reactivation of Certification

(1) The certification of a peace officer or dispatcher that has been suspended for more than 18 consecutive months due to disciplinary action or failure to complete in-service training shall be considered "inactive".

(2) An applicant whose certification has become inactive may reactivate the applicant's peace officer or dispatcher certification by submitting a completed reactivation packet to the division that includes:

(a) a completed application packet as provided in Section R728-403-4; and

(b) evidence of the applicant's prior employment as a dispatcher or peace officer.

(3)(a) Upon receiving a completed reactivation packet, the division shall review the packet to determine if the applicant meets the requirements in Sections 53-6-203 and 53-6-208, or Sections 53-6-302 and 53-6-306.

(b) If the division does not have sufficient information to make this determination, the division may request the applicant submit additional information.

(4) If an applicant for reactivation of peace officer certification meets the requirements in Sections 53-6-203 and 53-6- 208, the applicant may take the physical fitness test and the certification examination as provided in Section R728-403-5.

(a) If the applicant passes both the physical fitness test and the certification examination, the applicant shall be certified as a peace officer.

(c) An applicant who fails the certification examination twice shall be denied certification and may not take the certification examination again until the applicant satisfactorily completes an approved basic training program.

(d) If an applicant fails to pass the physical fitness test, the applicant may be given additional opportunities to pass during regularly scheduled fitness tests provided by POST.

(5) If an applicant for reactivation of dispatcher certification meets the requirements in Sections 53-6-302 and 53-6- 306, the applicant may take the certification examination, as provided in Section R728-403-5.

(a) If the applicant passes the certification examination, the applicant shall be certified as a dispatcher.

(b) If the applicant fails to pass the certification examination they will be given one additional opportunity to pass the certification examination which must be completed within one year from the time the application is completed by the applicant.

(6) If the applicant for reactivation of peace officer or dispatcher certification fails to meet any of these requirements, the applicant's certification may not be reactivated.

(7) The certification of a peace officer or dispatcher that has been suspended or inactive for more than four consecutive years shall be considered "lapsed" and the peace officer or dispatcher must comply with the requirements in Section 53-6-208 or 53-6-306 before certification may be reinstated.

History

KEY: dispatchers, peace officers, certifications, waivers
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-203; 53-6-205; 53-6-206; 53-6-208; 53-6-302; 53-6-303; 53-6- 304; 53-6-306

Utah Admin. Code R728-403-8 Denial of Certification

(1) An applicant shall be denied certification for failing to satisfy any of the requirements under Rule R728-403.

(2) An applicant who is the subject of an ongoing investigation by the division, or who is under court supervision for a state or federal criminal offense, may not be certified until the investigation has been completed and the court supervision has been terminated.

(3) If the division denies an applicant certification, the division shall issue a letter of denial by mail.

(a) The letter of denial shall state the reasons for denial and state that the applicant may appeal the decision to the director by filing a written request for review within 30 days from the date of the division's decision as provided by Section 63G- 4-301.

(b) Within a reasonable time after receiving the appeal, the director shall review the matter and determine whether the applicant may be certified.

(c) If upon further review the director denies the applicant's appeal, the director shall notify the applicant by letter and state that the applicant has the right to appeal the director's decision by filing a petition for judicial review within 30 days as provided in Section 63G-4-402.

(4) An applicant who has been denied certification shall meet the requirements in this rule before being certified.

(5) Adjudicative proceedings under this rule shall be informal as provided in Sections 63G-4-202 through 63G-4-203.

History

KEY: dispatchers, peace officers, certifications, waivers
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-203; 53-6-205; 53-6-206; 53-6-208; 53-6-302; 53-6-303; 53-6- 304; 53-6-306

R728-409 Suspension, Revocation, or Relinquishment of Certification

Utah Admin. Code R728-409-1 Authority

This rule is authorized by Subsection 53-6-105(1)(k).

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-2 Purpose

This rule establishes procedures for the suspension, revocation, or relinquishment of an individual's peace officer or dispatcher certification.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-3 Definitions

(1) Terms used in this rule are defined in Section 53-6-102.

(2) In addition:

(a) "ALJ" means an administrative law judge who conducts administrative hearings as described in Subsections 53-6- 211(3) and 53-6-309(3);

(b) "On duty" means that a respondent is:

(i) actively engaged in any of the duties of the respondent's employment as a peace officer or dispatcher;

(ii) receiving compensation for activities related to the respondent's employment as a peace officer or dispatcher;

(iii) on the property of a law enforcement facility, correctional facility or dispatch center;

(iv) in a law enforcement vehicle that is located in a public place; or

(v) in a public place and is wearing a badge or uniform, authorized by the respondent's employer, that readily identifies the wearer as a peace officer or dispatcher;

(c) "Relinquish" means the permanent surrender of the individual's certification, to include each peace officer or dispatcher certification that precludes an individual from:

(i) admission into a training program conducted by the division, or an entity approved by the division; or

(ii) reinstatement or restoration of the individual's certification by the division;

(d) "Respondent" means a peace officer or dispatcher against whom the division has initiated an investigation or adjudicative proceeding under Section 53-6-211 or 53-6-309;

(e) "Revocation" means the permanent deprivation of a respondent's certification, to include each peace officer or dispatcher certification, that precludes a respondent from:

(i) admission into a training program conducted by the division, or an entity approved by the division; or

(ii) reinstatement or restoration of the respondent's certification by the division;

(f) "Sexual conduct" means:

(i) acts of masturbation, sexual intercourse, or any touching of the anus, buttocks, or any part of the genitals of a person, or the touching of the breast of a female, whether or not through clothing, with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant;

(ii) soliciting, requesting, or directing another individual to engage in any of the acts described in Subsection R728- 409-3(2)(f)(i); or

(iii) the sending, transmitting, giving, exchanging, selling, soliciting, or posting, through any means, a sexual image as defined in Subsection R728-409-3(2)(g), by a certified peace officer or dispatcher:

(A) while on duty;

(B) while off duty if the sexual image depicts the certified peace officer or dispatcher in uniform or depicts any official peace officer or dispatcher symbols, insignia, or clothing; or

(C) while off duty, to a certified peace officer or dispatcher while the recipient is on duty and the transmitting peace officer or dispatcher has reason to believe the recipient is on duty at the time of the transmission.

(iv) "Sexual conduct" does not mean any actions performed for a legitimate law enforcement purpose.

(g) "Sexual image" means any visual depiction, photograph, film, video, records, or picture that depicts:

(i) exposed human male or female genitals or pubic area, with less than an opaque covering;

(ii) a female breast with less than an opaque covering or any portion of the female breast below the top of the areola;

(iii) an individual engaged in any sexually explicit conduct; or

(iv) a visual depiction of nudity or partial nudity.

(h) "Suspension" means the temporary deprivation of a respondent's certification, to include each peace officer or dispatcher certification; and

(i) "Traffic offense" means an offense named in Title 41, Section 6a, Traffic Code, except for offenses named in:

(i) Title 41, Section 6a, Part 1, General Provisions;

(ii) Title 41, Section 6a, Part 2, Applicability and Obedience to Traffic Laws; and

(iii) Title 41, Section 6a, Part 5, Driving Under the Influence and Reckless Driving.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-4 Investigative Procedure

(1) The division shall initiate an investigation when it receives information from any reliable source that a violation of Subsections 53-6-211(1) or 53-6-309(1) has occurred, including when:

(a) a respondent is charged with or convicted of a crime;

(b) there is evidence a respondent has engaged in conduct that is a criminal act under law, but that has not been criminally charged or where criminal prosecution is not anticipated;

(c) a respondent's employer notifies the division that the respondent has been investigated, disciplined, terminated, retired or resigned as a result of conduct in violation of Subsection 53-6-211(1) or 53-6-309(1);

(d) a person makes a complaint regarding a violation of Subsection 53-6-211(1) or 53-6-309(1) and there is independent evidence to support the complaint;

(e) violation of Subsection 53-6-211(1) or 53-6-309(1) is reported in the media and there is independent evidence to confirm that the conduct occurred; or

(f) a background investigation indicates that a respondent has engaged in conduct in violation of Subsection 53-6- 211(1) or 53-6-309(1).

(2) The division may not investigate conduct that is limited to:

(a) a violation of an employer's policy or procedure, expect for violations of Subsections 53-6-211(1)(g) and (h); or

(b) sexual activity protected under the right of privacy recognized by the United States Supreme Court in Lawrence v. Texas, 539 U.S. 558 (2003).

(3) A person seeking to file a complaint against a respondent may be asked to sign a written statement, detailing the incident and swearing to the accuracy of the statement after being advised that providing a false statement may result in prosecution under Section 76-8-511, Falsification of Government Record.

(4) An investigator from the division shall be assigned to investigate the complaint and ensure that the investigation is fully documented in the investigative case file.

(5)(a) If a respondent under investigation is employed as peace officer or dispatcher, the division shall notify the respondent's employer concerning the complaint or investigation, unless the nature of the complaint would make such a course of action impractical.

(b) The division shall keep a record of the date the employer and the respondent are notified.

(6) The division shall refer any complaints of a criminal nature against a respondent to the appropriate law enforcement agency having jurisdiction over the crime for investigation and prosecution if such a referral has not already been made.

(7) If the respondent's employer has an open and active investigation, the division may wait until the employer has completed its investigation before taking action unless the division determines it is not in the public's best interest to delay the investigation.

(8) The division may use the information gathered by the respondent's employer in its investigation.

(9) The division shall take action based on the actual conduct of the respondent as determined by the division's own independent investigation, not on any findings or sanctions issued by the respondent's employer or the court.

(10) Witnesses and other evidence may be subpoenaed during an investigation pursuant to Sections 53-6-210 and 53- 6-308.

(11) If ordinary investigative procedures cannot resolve the facts at issue, a respondent may be requested to submit to a polygraph examination.

(12) The director may immediately suspend a respondent's certification as provided in Section 63G-4-502 if the director believes it is necessary to ensure the safety and welfare of the public, the continued public trust or professionalism of law enforcement.

(13) Once the investigation is concluded, the division shall determine whether there is sufficient evidence to proceed with an adjudicative proceeding.

(14) If the division determines there is insufficient evidence to find that a respondent engaged in conduct in violation of Subsection 53-6-211(1) or 53-6-309(1), the director shall issue a letter to the respondent indicating that the investigation has been concluded and that the division shall take no action.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-5 Purpose of Adjudicative Proceedings

(1) The purpose of an adjudicative proceeding is to determine whether there is sufficient evidence to find that the respondent engaged in the conduct alleged in the Notice of Agency Action by clear and convincing evidence and whether such conduct falls within the grounds for administrative action enumerated in Subsection 53-6-211(1) or 53-6-309(1).

(2) All adjudicative proceedings initiated by the division to suspend or revoke a respondent's certification shall be formal proceedings as provided by Section 63G-4-202.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-6 Commencement of Adjudicative Proceedings - Filing of the Notice of Agency Action

(1) Except as provided by Section 63G-4-502, all adjudicative proceedings initiated by the division to suspend or revoke a respondent's certification shall be commenced by the filing of a Notice of Agency Action.

(2) The Notice of Agency Action shall be signed by the director and comply with the requirements of Section 63G-4- 201.

(3) The Notice of Agency Action shall be filed with the division and a copy sent to the respondent by certified mail.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-7 Responsive Pleadings

(1) The respondent shall file a written response with the division, signed by the respondent or the respondent's attorney, within 30 days of the mailing date of the Notice of Agency Action.

(2) The written response shall comply with the requirements in Section 63G-4-204.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-8 Hearing Waivers

(1) Once a Notice of Agency Action has been issued, the division shall send a hearing waiver form to the respondent.

(2) The respondent shall have 30 days from the mailing date of the Notice of Agency Action to sign a hearing waiver.

(3)(a) If the respondent does not waive the right to a hearing before the ALJ, the adjudicative proceeding will continue.

(b) The period in which the respondent must file a responsive pleading to the Notice of Agency Action is not extended if the respondent does not sign a hearing waiver.

(4) If the respondent signs a hearing waiver and files it with the division, the matter shall be heard at the next regularly scheduled council meeting.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-9 Default

(1) The ALJ may enter an order of default against a respondent if:

(a) the respondent fails to file the response required in Section R728-409-7; or

(b) the respondent fails to attend or participate in the hearing.

(2) The order of default shall include a statement of the grounds for default and shall state that the matter will be heard at the next regularly scheduled council meeting.

(3) The order of default shall be filed with the division and a copy sent to the respondent by certified mail.

(4)(a) The respondent may seek to set aside the default order by filing a motion within 90 days from the date of the order of default as provided in Section 63G-4-209.

(b) The ALJ may set aside an order of default for good cause shown.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-10 Scheduling a Hearing Before the ALJ

(1)(a) If the division receives a responsive pleading from the respondent, a notice containing the location, date and time for the hearing shall be issued by the division.

(b) The notice of hearing shall be filed with the division and a copy sent to the respondent by certified mail.

(2) The hearing shall be held within a reasonable time after service of the responsive pleading unless a later scheduling is ordered by the ALJ, or mutually agreed upon by the respondent and the division.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-11 Discovery and Subpoenas

(1)(a) In formal POST adjudicative proceedings parties may conduct only limited discovery.

(b) A respondent's right to discovery does not extend to interrogatories, requests for admissions, request for the production of documents, request for the inspection of items, or depositions.

(2) Upon request, the respondent is entitled to a copy of the materials contained in the division's investigative file that the division intends to use in the adjudicative proceeding. The respondent is only entitled to those materials after filing a written response with the division as required by Section R728-409-7.

(3)(a) The disclosure of all discovery materials is subject to Title 63G, Chapter 2, Government Records Access and Management Act.

(b) The division may charge a fee for discovery in accordance with Section 63G-2-203.

(4) Subpoenas and other orders to secure the attendance of witnesses or the production of evidence for adjudicative proceedings shall be issued by the division pursuant to Sections 53-6-210 and 53-6-308, by the ALJ when requested by any party, or by the ALJ on the ALJ's own motion pursuant to Section 63G-4-205.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-12 Hearing Procedures

(1) All hearings shall be conducted by the ALJ in accordance with Section 63G-4-206.

(2)(a) At the hearing, the respondent may be represented by an attorney.

(b) Legal counsel will not be provided to the respondent by the division and all costs associated with representation will be the sole responsibility of the respondent.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-13 ALJ Decision

(1) Within 30 days from the date a hearing is held, the ALJ shall sign and issue a written decision that includes a statement of:

(a) the ALJ's findings of fact based exclusively on the evidence of record in the adjudicative hearing or on facts officially noted;

(b) the ALJ's conclusions of law; and

(2) If the ALJ determines there is sufficient evidence to find that the respondent engaged in conduct in violation of Subsection 53-6-211(1) or 53-6-309(1), the ALJ's decision shall state that the matter will be heard at the next regularly scheduled council meeting.

(3) If the ALJ determines there is insufficient evidence to find that the respondent engaged in conduct in violation of Subsection 53-6-211(1) or 53-6-309(1), the matter shall be dismissed.

(4) The ALJ's decision shall be filed with the division and a copy sent to the respondent by certified mail.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-14 Action by the Council

(1) If the respondent waives the right to a hearing with an ALJ, there has been an order of default, or a findings of fact is issued by the ALJ, the division shall present the matter to the council at its next regularly scheduled meeting.

(2) The division shall notify the respondent of the date, time, and location of the council meeting.

(3)(a) The division shall provide the council with the Notice of Agency Action, order of default, signed hearing waiver, and ALJ's findings of fact and conclusions of law contained in the administrative file.

(b) The division shall also provide the council with any written information or comments provided by the respondent's employer.

(c) Any written comments from the respondent's employer should include discipline administered by the respondent's employer as a result of any violation of Section 56-6-211.

(4) At the council meeting the respondent or the respondent's attorney may address the council regarding whether the respondent should receive a letter of caution or the respondent's certification should be suspended or revoked.

(5) The council does not have appellate review authority of the ALJ's findings of fact and conclusions of law.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-15 Final Order

(1) After the council has decided the matter, the council chair shall issue a final order within 30 days of the council meeting.

(2) The final order shall state the action taken by the council with regards to the respondent's certification and shall include information on the appeal process outlined in Section R728-409-16.

(3) The council's action shall be effective on the date that the final order is signed by the chair.

(4)(a) The final order shall be filed with the division.

(b) A copy of the final order shall be sent to:

(i) the respondent by certified mail; and

(ii) the respondent's employer by regular mail, if the respondent is employed as peace officer or dispatcher.

(c) The action taken by the council shall be entered into the International Association of Directors of Law Enforcement Standards and Training National Peace Officer De-Certification database, if the respondent is a peace officer.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-16 Judicial Review

(1) A respondent may obtain judicial review of the council's action by filing a petition for judicial review with the Utah Court of Appeals within 30 days after the date that the final order is issued by the council chair.

(2) The petition must meet requirements specified in Sections 63G-4-401 and 63G-4-403.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-17 Relinquishment Procedures

(1) A certified officer or dispatcher may voluntarily relinquish their certification by submitting a Relinquishment of Certification form to the division.

(2) The Relinquishment of Certification form must be signed by the certified officer or dispatcher and notarized.

(3) As soon as the division receives a properly executed Relinquishment of Certification form, the individual's certification shall be terminated and the individual will no longer be a certified peace officer or dispatcher.

(4) Upon the termination of the individual's certification, the division's investigation into any complaint and any adjudicative proceedings will cease.

(5) Notice of the termination of the individual's certification shall be provided to:

(a) the individual;

(b) the individual's employer if the respondent is employed as a peace officer or dispatcher; and

(c) the National Peace Officer De-Certification database administered by the International Association of Directors of Law Enforcement Standards and Training, if the individual is a peace officer.

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

Utah Admin. Code R728-409-18 Reporting Violations of Subsection 53-6-211(1) or 53-6-309(1)

(1) A chief, sheriff, or administrative officer of an agency who is made aware of an allegation against a certified peace officer or dispatcher employed by that agency shall report the allegation to the division within 30 days if the allegation is substantiated pursuant to Subsections 53-6-211(6) and 53-6-309(6).

(2) If a peace officer or certified dispatcher resigns, retires, or otherwise separates from the agency while an investigation is pending, a chief, sheriff, or administrative officer of the agency shall report all findings within 30 days of the completion of the investigation pursuant to Subsections 53-6-211(6)(b) and 53-6-309(6)(b).

History

KEY: certifications, investigations, revocations, relinquishments
Date of Last Change: May 20, 2025
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-211; 53-6-211.5; 53-6-309; 53-6-311

R728-410 Guidelines Regarding Annual Statutory Training

Utah Admin. Code R728-410-1 Authority

This rule is authorized by Subsection 53-6-105(1)(k), which provides that the director shall, with the advice of the council, make rules necessary to administer Title 53 Chapter 6.

History

KEY: law enforcement officers, annual training
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-410-2 Purpose

The purpose of this rule is to provide procedures regarding the reporting of annual statutory training.

History

KEY: law enforcement officers, annual training
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-410-3 Definitions

(1) Terms used in this rule are defined in Section 53-6-102.

(2) In addition:

(a) "Annual statutory training" means the annual training requirement for peace officers and dispatchers as established in sections 53-6-202 and 53-6-306;

(b) "In-service training" has the same meaning as annual statutory training;

(d) "Training year" means the same as reporting year.

History

KEY: law enforcement officers, annual training
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-410-4 Annual Training Requirement

(1) The director may waive a portion of the annual statutory training requirement under the following circumstances:

(a) a peace officer who is employed for only part of a year shall obtain three and one-half hours for each month employed during the reporting year;

(b) a dispatcher who is employed for only part of a year shall obtain one and three-fourth hours for each month employed during the reporting year; and

(c) a peace officer or dispatcher who terminates employment and then returns to work within 18 months shall be required to make up any annual training deficiency from the previous year.

(d) A peace officer or dispatcher who is on long term disability, medical leave, or restricted duty, may obtain a waiver of training by providing a letter from a physician stating that participation in any type of training, including watching video or computer based courses would be detrimental to the individual's health.

(e) A peace officer or dispatcher who is actively deployed in military service may obtain a waiver of training hours for active military service by submitting a copy of the active duty order to the division.

(i) The peace officer or dispatcher must obtain the prorated number of training hours for each month not actively deployed during the reporting year.

History

KEY: law enforcement officers, annual training
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-410-5 Training Record Maintenance

(1) The chief administrative officer of an agency employing peace officers or dispatchers shall be responsible for the recording of all training obtained by peace officers or dispatchers in his or her agency.

(2) The record must be accurate and available in the event of an audit or subpoena of training records.

(3) The training record shall contain the following:

(a) the subject or topic instructed;

(b) the number of classroom or field hours;

(d) the name of the instructor.

History

KEY: law enforcement officers, annual training
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-410-6 Reporting Training -- Agency Responsibility

(1) At the conclusion of each training year, a chief administrative officer employing peace officers or certified dispatchers shall report to the division the number of training hours received by each officer or certified dispatcher employed by that agency at any time during the training year, regardless of the employee's current employment status.

(2) This report is due to the division by July 31.

(a) The report shall be submitted electronically and must contain the following information:

(i) name of the officer or dispatcher;

(ii) the POST identification number of each peace officer or dispatcher; and

(iii) the number of training hours received by each peace officer or dispatcher during the reporting year.

(3) The chief administrative officer shall follow procedures outlined in POST policy and procedures on reporting training hours.

History

KEY: law enforcement officers, annual training
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-410-7 Authorized Training

(1) All training offered by or though the division is authorized for in-service credit.

(2) The chief administrative officer of an agency may authorize other forms of training for peace officers or dispatchers employed by that agency.

(a) The chief administrative officer shall assume responsibility and liability for course content and instructor qualification not provided by the division.

History

KEY: law enforcement officers, annual training
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-410-8 Suspension for Failure to Obtain Annual Statutory Training

(1) The division shall suspend the certification of any peace officer or dispatcher who:

(a) fails to receive the required annual training hours by July 31; or

(b) for whom the chief administrative officer of the employing agency fails to report required training hours to the division by July 31.

(2) The individual and the employing agency shall be notified of this action in writing.

(3) The suspension shall remain in effect until the deficient training hours are completed and reported to the division.

(4) The division shall notify the individual and employing agency when the certification has been reinstated.

(5) If the individual fails to make up the deficient training by October 1, the individual's name shall be reported to Utah Retirement Systems (URS) for determination by URS as to how the deficient hours may affect the individual's retirement credit.

(a) Deficient hours reported to the division after October 1, shall only be used to reinstate peace officer status and will not be reported to URS.

(6) Training received by a suspended officer or dispatcher in a new training year shall be credited to the previous deficient training year until the deficiency is satisfied.

(a) Training hours used to satisfy an old deficiency may not be credited to the new training year.

History

KEY: law enforcement officers, annual training
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

R728-411 Guidelines for Administrative Action Against Individuals Functioning As Peace Officers Without Valid Peace Officer Certification

Utah Admin. Code R728-411-1 Authority

This rule is authorized by Subsection 53-6-105(1)(k), which provides that the director shall, with the advice of the council, make rules necessary to administer Title 53 Chapter 6.

History

KEY: peace officer certification, impersonating a peace officer
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-208; 53-13-103; 53-13-106

Utah Admin. Code R728-411-2 Purpose

The purpose of this rule is to provide procedures for administrative action when an individual is found to be exercising the authority of a peace officer without valid peace officer certification.

History

KEY: peace officer certification, impersonating a peace officer
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-208; 53-13-103; 53-13-106

Utah Admin. Code R728-411-3 Definitions

Terms used in this rule are defined in Section 53-6-102.

History

KEY: peace officer certification, impersonating a peace officer
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-208; 53-13-103; 53-13-106

Utah Admin. Code R728-411-4 Impersonating a Peace Officer

(1) If the division becomes aware that an individual is illegally exercising the authority of a peace officer, the division shall refer the matter to the proper law enforcement agency having jurisdiction, for the following circumstances:

(a) when an individual has never been certified as a peace officer;

(b) when an individual's certification has been revoked by the council; and

History

KEY: peace officer certification, impersonating a peace officer
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-208; 53-13-103; 53-13-106

Utah Admin. Code R728-411-5 Unauthorized Exercise of Authority

(1) If the division becomes aware that an individual whose peace officer certification is not currently active is exercising the authority of a peace officer, the division shall follow the administrative process outlined in Section R728-411-6, for the following circumstances;

(a) when an individual's certification has been suspended by the council;

(b) when an individual's certification has been suspended due to an annual training deficiency pursuant to Section 53-6-202;

(d) when an individual has completed a basic training program and become certified, but is not "sworn" as provided in Sections 53-13-103 to 53-13-106.

(2) In any of the above circumstances the division may also refer the matter to the proper law enforcement agency having jurisdiction.

History

KEY: peace officer certification, impersonating a peace officer
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-208; 53-13-103; 53-13-106

Utah Admin. Code R728-411-6 Procedures Governing Unauthorized Exercise of Authority

(1) If an individual is found to be performing the duties and functions of a peace officer without valid certification or authority as outlined in Section R728-411-5, the following procedures will be initiated by the division:

(a) written notice will be sent by standard mail, or electronically, to the individual and the individual's employing agency administrator indicating that the individual does not have the statutory authority to act as a peace officer in the State of Utah;

(b) The written notice shall:

(i) state that the individual should cease any and all activities as a peace officer; and

(ii) indicate the appropriate procedures for the individual and employing agency to follow in order for the individual to acquire peace officer authority.

(2) Failure to submit a response within ten business days or failure to immediately cease the unauthorized exercise of authority, shall cause the division to seek a writ from the Attorney General's Office to cease and desist from acting as a peace officer in the State of Utah.

(a) The writ will be directed to the individual and the individual's employing agency.

(3) Failure to cease the unauthorized exercise of authority after the issuance of the writ, may result in:

(a) criminal charges being sought against the individual for a violation of Section 76-8-512.; and

(b) administrative action against the individual's certification for a violation of Section 53-6-211.

History

KEY: peace officer certification, impersonating a peace officer
Date of Last Change: August 23, 2016
Notice of Continuation: December 9, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-208; 53-13-103; 53-13-106

R728-502 Procedure for POST Instructor Certification

Utah Admin. Code R728-502-1 Authority

This rule is authorized by Subsection 53-6-105(1)(k), which provides that the director shall, with the advice of the council, make rules necessary to administer Title 53 Chapter 6.

History

KEY: peace officers, instructor certification, in-service training; basic training
Date of Last Change: August 23, 2016
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-502-2 Purpose

The purpose of this rule is to provide guidelines for the certification of training instructors and to establish standards for the revocation of POST instructor certification pursuant to Section 53-6-105(1)(c).

History

KEY: peace officers, instructor certification, in-service training; basic training
Date of Last Change: August 23, 2016
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-502-3 Definitions

(1) Terms used in this rule are defined in Section 53-6-102.

(2) In addition:

(a) "Annual statutory training" means the annual training requirement for peace officers and dispatchers as established in Sections 53-6-202 or 53-6-306;

(b) "Applicant" means an individual who has applied to become a POST certified instructor;

(c) "Basic training" means the basic training courses offered by the division or one of the satellite academies, which are required to become a:

(i) special function officer;

(ii) correctional officer;

(iii) law enforcement officer; or

(iv) dispatcher;

(d) "DT" means defensive tactics;

(e) "EVO" means emergency vehicle operation;

(f) "IW" means impact weapon;

(g) "In-service training" has the same meaning as annual statutory training;

(h) "K9" means canine;

(i) "POST certified instructor" means an individual who has completed the requirements set forth in this rule and is authorized by the division to conduct basic training courses;

(j) "Satellite academy" means a certified academy or training program administered by a governmental entity or institution of higher education which is established primarily for the training of its employees or self-sponsored applicants; and

(k) "Specialty instructor" means an individual who has completed the requirements set forth in this rule and is authorized by the division to conduct specific practical skill training courses.

History

KEY: peace officers, instructor certification, in-service training; basic training
Date of Last Change: August 23, 2016
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-502-4 POST Certified Instructors Authority and Duties

(1) A POST certified instructor shall be authorized to teach classes sponsored by the division including basic training, in-service, and regional classes.

(2) An instructor presenting in-service training must be in harmony with the division's current basic training curriculum.

(3) An instructor presenting basic training classes must follow the basic training student performance objectives approved by the division and the council.

(a) If POST approved student performance objectives are not available for the subject matter, an instructor shall have a lesson plan approved by the division prior to teaching in a basic training class.

History

KEY: peace officers, instructor certification, in-service training; basic training
Date of Last Change: August 23, 2016
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-502-5 Instructor Certification Requirements

(1) An applicant must meet the following requirements before being certified as an instructor:

(a) have two years of experience as a full-time peace officer or dispatcher;

(b) receive a recommendation from the chief administrative officer of the agency employing the applicant; and

(2) The requirements in this Subsection (1) may be waived if the applicant has specialized training or expertise in an area which, in the opinion of the director, would be beneficial in the training of law enforcement officers.

(a) An individual wishing to qualify for instructor certification wavier under this Subsection (2), must submit a written request to the director providing evidence of their specialized training or experience and justification as to why this training or experience would be beneficial in the training of law enforcement officers.

History

KEY: peace officers, instructor certification, in-service training; basic training
Date of Last Change: August 23, 2016
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-502-6 Instructor Recertification

(1) Instructor recertification is not required except in specialty areas as provided in Section R728-502-9.

(2) An instructor teaching in a professional specialty area, including but not limited to, law classes, first aid, CPR, intoxilyzer, and chemical munitions, shall maintain current certification and continuing education requirements of the respective professional certification or licensing entity.

(3) An instructor teaching in other specialty areas may be subject to industry standards that establish specific recertification requirements.

History

KEY: peace officers, instructor certification, in-service training; basic training
Date of Last Change: August 23, 2016
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-502-7 Application for Instructor Certification

(1) To obtain a POST instructor certification, an applicant shall submit a completed application for POST Instructor Development School to the division and include the following:

(a) documentation of years of experience;

(b) a letter of recommendation from the applicant's chief administrative officer; and

(2) If the application is approved, the applicant shall be invited to attend a POST instructor development course.

(3) An applicant shall receive POST instructor certification upon successfully completing the instructor development course, which includes demonstrating to the course instructor the ability to develop a lesson plan following the style and format taught in the instructor development course.

History

KEY: peace officers, instructor certification, in-service training; basic training
Date of Last Change: August 23, 2016
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-502-8 Agency In-Service Instructors

(1) An agency is not required to utilize POST certified instructors for in-service training programs presented to members of their agency, which will allow the agency to formulate training programs designed to meet their needs utilizing local resources.

(2) If a POST certified instructor is not used for in-service training programs, the chief administrative officer of the agency sponsoring the training shall be solely responsible for the content of the class and the qualifications of the instructor.

History

KEY: peace officers, instructor certification, in-service training; basic training
Date of Last Change: August 23, 2016
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-502-9 Specialty Instructors

(1) An instructor who teaches practical skills and technical or high liability law enforcement subjects shall attend a specialty instructor course as provided in this Section.

(2) An instructor who completes a specialty instructor school may only instruct the specific skills covered in the specialty instructor school.

(a) An instructor who teaches other academic courses in the classroom shall complete a POST approved instructor development course as provided in Sections R728-502-4 through R728-502-7.

(3) An EVO instructor shall be trained and certified in accordance with POST policy and procedure.

(a) EVO instructor certification shall be valid for three years from the date of issue.

(b) An EVO instructor must teach EVO for a minimum of 40 hours every three years in order to maintain certification.

(c) An EVO instructor must teach at least 20 of the 40 required hours at the POST EVO range under the direction of the POST EVO training supervisor.

(d) An EVO instructor may teach the remaining 20 hours of EVO instruction at individual agencies.

(4) A firearms instructor, including handgun instructor or rifle instructor, shall be trained and certified in accordance with POST policy and procedure.

(a) Firearms instructor certification is valid for three years from the date of issue.

(b) A firearms instructor must attend an eight hour recertification class conducted by POST and pass a practical examination every three years in order to maintain certification.

(5) A DT instructor shall be trained and certified in accordance with POST policy and procedure;

(a) DT instructor certification is valid for three years from the date of issue.

(b) A DT instructor must attend a POST defensive tactics instructor training course and successfully pass a practical and written examination every three years in order to maintain certification.

(6) An IW instructor shall be trained and certified in accordance with POST policy and procedure.

(a) IW instructor certification is valid for three years from the date of issue.

(b) An IW instructor must attend an impact weapon instructor training course and successfully pass a practical and written examination every three years in order to maintain certification.

(7) A K-9 instructor shall be trained and certified in accordance with POST policy and procedure.

(a) A K-9 instructor may conduct K-9 training, but is not authorized to conduct K-9 certification evaluations.

(b) K-9 instructor certification is valid for three years from the date of issue.

(c) A K-9 instructor shall attend 40 hours of K-9 instructor training and successfully pass a practical examination every three years in order to maintain certification

(8) A K-9 judge shall be trained and certified in accordance with POST policy and procedure.

(a) A K-9 judge shall be trained and certified as a K-9 instructor prior to being certified as a K-9 judge.

(b) A K-9 judge may conduct K-9 certification evaluations and K-9 training.

(d) A K-9 judge shall attend 40 hours of K-9 judge training and successfully pass a practical examination every three years in order to maintain certification.

(e) A K-9 judge who successfully re-certifies is automatically re-certified as a K-9 instructor.

(9) RADAR/LIDAR instructors shall be trained and certified in accordance with POST policy and procedure;

(a) RADAR/LIDAR instructor certification is valid for three years from the date of issue.

(b) A RADAR/LIDAR instructor shall participate in one RADAR/LIDAR instructor school and successfully pass a written examination every three years in order to maintain certification.

History

KEY: peace officers, instructor certification, in-service training; basic training
Date of Last Change: August 23, 2016
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

Utah Admin. Code R728-502-10 Revocation of Instructor Certification

(1) The division may revoke an individual POST instructor certification if the instructor fails to meet any of the requirements specified in this rule.

(2)(a) If the division revokes an individual's POST instructor certification, the division shall issue a letter to the individual by regular mail.

(b) The letter shall state the reasons for termination of the individual's POST instructor certification and indicate that the individual has a right to appeal the decision to the director by filing a written request for review within 30 days from the date of the division's decision.

(3) An instructor whose peace officer or dispatcher certification is suspended or revoked by the POST Council, in accordance with Section 53-6-211 or Section 53-6-309, shall also have his or her POST instructor certification revoked or suspended for the period of time his or her peace officer or dispatcher certification is suspended.

History

KEY: peace officers, instructor certification, in-service training; basic training
Date of Last Change: August 23, 2016
Notice of Continuation: February 11, 2024
Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; 53-6-306

R728-503 Utah Minimum Standards for All Emergency Pursuit Policies to be Adopted by Public Agencies that Operate Authorized Emergency Pursuit Vehicles

Utah Admin. Code R728-503-1 Authority

(1) This rule establishes minimum standards for all emergency pursuit policies to be adopted by public agencies authorized to operate authorized emergency pursuit vehicles.

(2) This rule is authorized by Subsection 41-6a-212(5).

History

KEY: pursuit, emergency vehicles, policy
Date of Last Change: November 25, 2008
Notice of Continuation: October 18, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-212(5)

Utah Admin. Code R728-503-2 Definitions

(1) Terms in this rule are defined in Section 41-6a-102.

(2) In addition:

(a) "agency emergency pursuit policy" means the written principles by which a Utah individual public agency that operates authorized emergency pursuit vehicles is guided in the management of its affairs concerning whether to, and how to, engage and disengage in the pursuit of a suspect by vehicle.

(b) "authorized emergency pursuit vehicle" means law enforcement vehicle, either marked or unmarked, properly equipped with audible sirens and visual lights owned and operated by a public agency.

(d) "balance test" means that a law enforcement officer shall act as a reasonably prudent emergency vehicle operator in like circumstances while making an ongoing decision process to analyze the risk of initiating, continuing, and terminating pursuit given the following considerations:

(i) the need to apprehend a fugitive who presents a danger to others because the serious and violent nature of the crime for which the fugitive is sought or because the fugitive's driving presents a threat to the public safety that may outweigh the risks that a pursuit poses to others; and

(ii) the need to avoid pursuit if the threat of public or officer safety is greater than the need for immediately apprehending the suspect.

(e) "boxing-in" means a technique designed to stop a violator's vehicle by surrounding it with authorized emergency pursuit vehicles and then slowing all vehicles to a stop.

(f) "channelization" means a technique where objects are placed in the anticipated or actual path of a pursued vehicle which tend to alter the vehicle's intended direction of travel.

(g) "intervention techniques" means specific operational tactics including immobilization, channelization, ramming, boxing-in, roadblock procedures, tire deflation devices (spike strips, etc.) which are intended to disable fleeing vehicles or otherwise prevent further flight or escape.

(h) "paralleling" means participating in the pursuit by proceeding in the same direction and maintaining approximately the same speed while traveling on an alternate street or highway that parallels the pursuit route.

(i) "primary unit" means the authorized emergency pursuit vehicle that initiates a pursuit or assumes control of the pursuit as the lead vehicle or the first authorized emergency pursuit vehicle immediately behind the fleeing suspect.

(j) "supervisor" means a law enforcement officer who, by virtue of rank or assignment, is responsible for the direction or supervision of the activities of other law enforcement officers.

History

KEY: pursuit, emergency vehicles, policy
Date of Last Change: November 25, 2008
Notice of Continuation: October 18, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-212(5)

Utah Admin. Code R728-503-3 Purpose

(1)(a) The purpose of this rule is to provide minimum standards, below which, the individualized law enforcement agency emergency pursuit policy may not legally go.

(b) It is not the intent nor legal purpose of these minimum standards to be exhaustive or all inclusive on this subject.

(2) As law enforcement officers consider the balance test, these minimum standards assist in training as well as providing a threshold for the law enforcement officer while analyzing the balance test in actual field situations.

(3)(a) The department establishes these minimum standards to assist each agency develop its own agency emergency pursuit policy.

(b) While implementing and revising an agency emergency pursuit policy, each agency shall use these minimum standards as a starting point and then individualize its agency emergency pursuit policy as needed.

History

KEY: pursuit, emergency vehicles, policy
Date of Last Change: November 25, 2008
Notice of Continuation: October 18, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-212(5)

Utah Admin. Code R728-503-4 Initiating Pursuit Policy

(1) Each law enforcement officer shall consider the balance test prior to engaging in an emergency vehicle pursuit.

(2) Each law enforcement officer in an authorized emergency pursuit vehicle may initiate a vehicular pursuit when the suspect exhibits the intention to avoid apprehension by refusing to stop when properly directed to do so.

(3) In deciding whether to initiate pursuit, the law enforcement officer may take into consideration:

(a) road, weather, and environmental conditions;

(b) population density and vehicular and pedestrian traffic;

(d) the seriousness of the offense;

(e) likelihood of pursuit resulting in apprehension;

(f) familiarity with the area and road; and

(g) any other pertinent factors.

History

KEY: pursuit, emergency vehicles, policy
Date of Last Change: November 25, 2008
Notice of Continuation: October 18, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-212(5)

Utah Admin. Code R728-503-5 Pursuit Operations Policy

(1) When initiating pursuit, each authorized emergency pursuit vehicle shall activate appropriate warning equipment including an audible signal or visual signal visible to the front of the pursuing vehicle.

(2) When initiating pursuit and when reasonably possible during the pursuit the law enforcement officer shall notify communications of:

(a) the location, direction, and speed of the pursuit;

(b) the description of the pursued vehicle including suspects and occupants; and

(3) When reasonably possible the law enforcement officer shall keep communications updated on the pursuit.

(4) When reasonably possible, communications personnel shall:

(a) notify any available agency supervisor of the pursuit;

(b) clear the radio channel of non-emergency traffic; and

(5) When reasonably possible, units and supervisors involved in the pursuit shall use a single statewide or regional radio channel that communications may restrict to pursuit communications.

(6) Unless circumstances dictate otherwise, a pursuit shall consist of no more than two police vehicles, a primary and a back-up unit. All other personnel shall stay clear of the pursuit unless instructed to participate by a supervisor. No unit shall pass another unit involved in the pursuit unless specifically requested to do so or it is otherwise considered necessary.

(7) The primary unit shall become back-up when the pursued vehicle comes under air surveillance, if available, or when another unit is assigned primary responsibility.

History

KEY: pursuit, emergency vehicles, policy
Date of Last Change: November 25, 2008
Notice of Continuation: October 18, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-212(5)

Utah Admin. Code R728-503-6 Supervisory Responsibilities

(1) As with any critical law enforcement incident, it may not be necessary for the supervisor to be present in order to begin exercising management and control of the pursuit.

(2) When reasonably possible, the supervisor shall not actually be engaged in the pursuit itself.

(3) Each supervisor shall consider the balance test prior to authorizing the pursuit or its continuance.

(4) When reasonably possible each supervisor shall:

(a) monitor incoming information;

(b) coordinate and direct activities;

(d) ensure notification of law enforcement agencies into whose jurisdiction the pursuit is likely to enter.

(5) A supervisor shall have the discretion to terminate the pursuit.

History

KEY: pursuit, emergency vehicles, policy
Date of Last Change: November 25, 2008
Notice of Continuation: October 18, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-212(5)

Utah Admin. Code R728-503-7 Pursuit Tactics

(1) When reasonably possible, authorized emergency pursuit vehicles having the most prominent markings and emergency lights shall be used to pursue, particularly as the primary unit. When a pursuit is initiated by an unmarked patrol unit, such unit shall relinquish the pursuit to a marked patrol unit as soon as practical.

(2) Intervention techniques shall be used only when it is possible to do so safely and when the law enforcement officers using them have received training in their use.

(3) There shall be no paralleling the pursuit route.

(4) Motorcycles may be used for pursuit in exigent circumstances and when weather and related conditions allow. They shall relinquish the pursuit to a marked patrol unit as soon as practical.

(5) Roadblocks may not be used unless the circumstances would warrant the use of deadly force.

(a) When reasonably possible, roadblocks shall only be created with a supervisor's approval.

(b) When a roadblock is created, law enforcement officers shall:

(i) allow for reasonable stopping distance;

(ii) place the roadblock in a position that is reasonably visible;

(iii) reasonably ensure the safety of non-involved pedestrians and motorists; and

(iv) not place themselves or their vehicle in a position to jeopardize their own safety.

(6) Decisions to discharge firearms at or from a moving vehicle shall be governed by the law enforcement agency's use of force policy and are prohibited when they present an unreasonable risk to others. These decisions shall first be authorized when reasonably possible by a supervisor.

(7) When the pursued vehicle is stopped, law enforcement officers shall use appropriate officer safety tactics and shall be aware of the necessity to utilize only reasonable and necessary force to take suspects into custody.

History

KEY: pursuit, emergency vehicles, policy
Date of Last Change: November 25, 2008
Notice of Continuation: October 18, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-212(5)

Utah Admin. Code R728-503-8 Interjurisdictional Pursuits

(1) Chapter 77-9, the Uniform Act on Fresh Pursuit, governs Rule R728-503-8 as applicable.

(2) The primary unit shall notify communications when it is likely that a pursuit will continue into a neighboring jurisdiction or across the county or state line.

(3) When possible, the supervisor shall authorize inter-jurisdictional pursuit.

(4) When a pursuit enters another jurisdiction, the action of law enforcement officers shall be governed by the policy of the law enforcement officers' own agency, specific inter-local agreements and state law as applicable.

(5) Pursuit into a bordering state shall comply with the law of both states and any applicable inter-jurisdictional agreements.

History

KEY: pursuit, emergency vehicles, policy
Date of Last Change: November 25, 2008
Notice of Continuation: October 18, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-212(5)

Utah Admin. Code R728-503-9 Termination of Pursuit

(1) The supervisor or the primary unit in absence of a supervisor shall continually re-evaluate the balance test to assess the pursuit situation.

(a) The supervisor may order the termination of a pursuit at any time.

(b) The primary unit may terminate the pursuit at any time.

(2) A pursuit may be terminated under the following conditions:

(a) the suspect's identity has been determined and future apprehension is likely;

(b) air support is available to track the suspect;

(c) weather or traffic conditions substantially increase the danger of the pursuit beyond the necessity of apprehending the suspect;

(d) the distance between the suspect and pursuing vehicles makes further pursuit futile;

(e) immediate apprehension is not necessary to protect the public or law enforcement officers;

(f) the law enforcement officer is unfamiliar with the area and is unable to accurately communicate location and direction of pursuit; and

(g) the pursuit proceeds the wrong way on a limited access road, for example an interstate highway.

(3) Termination of pursuit shall include deactivating the audible siren and visual light equipment, pulling the vehicle to the side of the road, and stopping.

History

KEY: pursuit, emergency vehicles, policy
Date of Last Change: November 25, 2008
Notice of Continuation: October 18, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-212(5)

Utah Admin. Code R728-503-10 Training

(1) Law enforcement officers who drive emergency authorized pursuit vehicles shall receive initial minimum tactical pursuit training and initial training defined in Rule R728-503.

(2) Pursuit training shall include details concerning the balance test and its application as to initiating and terminating pursuits.

(3) Ongoing annual policy and procedure and case law review shall be required for law enforcement officers to assure they are knowledgeable with their own individual agencies emergency pursuit policy.

History

KEY: pursuit, emergency vehicles, policy
Date of Last Change: November 25, 2008
Notice of Continuation: October 18, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-212(5)

R728-506 Canine Body Armor Restricted Account

Utah Admin. Code R728-506-1 Purpose

The purpose of this rule is to establish the required documentation a law enforcement agency must provide when applying to the division to receive funds under Section 53-16-301.

History

KEY: Canine Body Armor Restricted Account
Date of Last Change: January 26, 2015
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 53-16-302

Utah Admin. Code R728-506-2 Authority

This rule is authorized by Section 53-16-302 which provides that the department shall make rules prescribing information that a law enforcement agency shall include with its application to obtain funds from the account.

History

KEY: Canine Body Armor Restricted Account
Date of Last Change: January 26, 2015
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 53-16-302

Utah Admin. Code R728-506-3 Definitions

(1) The terms used in this rule are defined in Section 53-1-102.

(2) In addition:

(a) "account" means the Canine Body Armor Restricted Account;

(b) "agency" means a law enforcement agency;

(d) "department" means the Utah Department of Public Safety;

(e) "POST" means the Division of Peace Officer Standards and Training;

(f) "law enforcement administrator" means a police chief, sheriff, public safety director, or superintendent of a law enforcement agency; and

(g) "law enforcement work" means patrol functions.

History

KEY: Canine Body Armor Restricted Account
Date of Last Change: January 26, 2015
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 53-16-302

Utah Admin. Code R728-506-4 Application Process

(1) An agency that wishes to receive awarded funds may submit an application.

(2) The application must be addressed to POST and contain the following:

(a) the application form, which is available from POST;

(b) a written cost estimate prepared by the seller;

(i) if proof of purchase is not available at the time the agency submits the application, the agency must submit it within 90 days of purchasing the armor;

(d) the signature of the law enforcement administrator certifying the following:

(i) the agency meets the requirements listed in Section 53-16-301(4)(a);

(ii) the police service canine is trained for law enforcement patrol duties; and

(iii) the police service canine is used or will be used in patrol functions.

(3)(a) All applications must be submitted before the first day of November in order to be eligible for awarded funds from the current fiscal year.

(b) If no applications are received before the first day of November, the award funds shall remain in the account until the next fiscal year.

History

KEY: Canine Body Armor Restricted Account
Date of Last Change: January 26, 2015
Notice of Continuation: October 2, 2024
Authorizing, and Implemented or Interpreted Law: 53-16-302

R728-507 Minimum Standards for Use of Force Policies to be Adopted by Public Safety Agencies That Employ Peace Officers

Utah Admin. Code R728-507-1 Authority

(1) This rule establishes minimum standards for use of force policies to be adopted by law enforcement agencies authorized to employ peace officers.

(2) This rule is authorized by Sections 53-6-105, and 53-6-109.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

Utah Admin. Code R728-507-2 Scope

This policy does not apply to the use of firearms in situations not intended to cause death or serious bodily injury, including putting down wildlife, use of breaching shotguns, or use of firearms in training or practice. Due to the unique legal considerations concerning use of force on prisoners and detainees at correctional facilities, this policy is intended to govern law enforcement officers' actions and not correctional or detention facility officers' actions within correctional facilities.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

Utah Admin. Code R728-507-3 Definitions

(1) Terms in this rule are defined in Sections 53-13-116, 76-1-601, and 76-2-404.

(2) In addition:

(a) "defensive tactics" means actions taken when a subject is either assaulting the officer or another or is displaying a willingness and intent to do so;

(b) "feasible" means reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person;

(c) "force" means the application of physical techniques or tactics, chemical agents, or weapons to another person. It is not a use of force when a person allows themself to be searched, escorted, handcuffed, or restrained;

(d) "imminent" means ready to take place; impending. Imminent does not mean immediate or instantaneous; and

(e) "totality of the circumstances" means facts and circumstances known or reasonably perceived by the officer at the time, taken as a whole, including the conduct of the officer and the subject leading up to the use of force.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

Utah Admin. Code R728-507-4 Purpose

(1)(a) The purpose of this rule is to provide the minimum standards for an individualized law enforcement agency use of force policy.

(b) It is not the intent nor legal purpose of these minimum standards to be exhaustive or inclusive on this subject.

(2) As law enforcement officers balance factors justifying use of force, these minimum standards assist in training as well as providing a threshold for the law enforcement officer while analyzing the use of force in actual field situations.

(3)(a) The department establishes these minimum standards to assist each agency in developing its own agency use of force policy.

(b) While implementing and revising an agency use of force policy, each agency shall use these minimum standards as a starting point and then individualize its agency use of force policy as needed.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

Utah Admin. Code R728-507-5 Use of Force Policy

(1) Officers shall use only that amount of force that reasonably appears necessary, given

the facts and circumstances perceived by the officer at the time of the event, to effectively bring an incident under control.

(2) Officers shall respect the sanctity of human life, must act reasonably to preserve human life, do what is reasonably possible to avoid unnecessary uses of force, and minimize the force that is used, while still protecting themselves and the public.

(3) No policy may realistically predict every possible situation an officer might encounter in the field, it is recognized that each officer must be entrusted with well-reasoned discretion in determining the appropriate use of force in each incident. While it is the ultimate objective of every law enforcement encounter to minimize injury to everyone involved, nothing in this policy requires an officer to sustain or risk physical injury before applying reasonable force.

(4) Officers may only use force as provided in Sections 76-2-401 through 76-2-404 and 77-7-7.

(5) In determining whether to apply any level of force, various factors that should be considered include:

(a) the conduct of the individual being confronted as reasonably perceived by the officer at the time;

(b) comparative age, size, relative strength, skill level, injury, and exhaustion, of officers and subjects;

(d) impairment of the subject;

(e) the proximity of weapons;

(f) the degree to which the subject has been effectively restrained and the subject's ability to resist despite being restrained;

(g) time and circumstances permitting, the availability of other resources or tactics;

(h) the seriousness of the suspected offense and reason for contact with the subject;

(i) the training, skill and experience of the officer;

(j) the potential for injury to citizens, officers, and suspects;

(k) the risk of escape of the suspect;

(l) whether time, proximity and opportunity permit the use of de-escalation efforts;

(m) the public safety risk of an immediate apprehension weighed against a delayed apprehension, including, whether the subject's identity is known, level of encounter. and level of resistance; and

(n) other exigent circumstances or any other relevant factors.

(6) Officers are expected to use only that degree of force that is reasonable based on the totality of the circumstances to successfully accomplish the legitimate law enforcement purpose in accordance with this policy.

(7) Circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the standard tools, weapons, or methods provided by the agency. Officers may find it more effective or practical to improvise a response to rapidly unfolding conditions confronting the officer. In such circumstances, the use of any improvised device or method of force must, nonetheless, be objectively reasonable and utilized only to the degree reasonably necessary to accomplish a legitimate law enforcement purpose.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

Utah Admin. Code R728-507-6 Deadly Force Policy

(1) Any use of deadly force by an officer shall comply with Section 76-2-404.

(2) Intentional discharge of a firearm in a use of force situation is considered deadly force. However, the act of establishing a grip, drawing a weapon or pointing a weapon does not constitute the use of deadly force.

(3) Other force may also be considered deadly force if the officer reasonably believes and intends that the force applied will create a substantial likelihood of causing death or serious bodily injury.

(4) If reasonable and feasible, an officer shall make efforts to identify their position as a peace officer prior to the use of deadly force.

(5) If reasonable and feasible, an officer shall give a verbal warning to submit to the authority of the officer prior to the use of force if doing so would not increase the danger to the officer or others

(6) Use of deadly force by discharge of a firearm against the operator of a moving vehicle, vessel, or aircraft may create additional harm to officers or others. The hazard of an uncontrolled conveyance must be taken into consideration prior to the use of deadly force. Consequently, deadly force should not be used against an operator of a moving vehicle merely fleeing from officers unless the vehicle or the escape of the subject poses an imminent threat of serious physical injury or death to the officer or to another person.

(7) Officers should move out of the path of an approaching vehicle, if feasible, instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

Utah Admin. Code R728-507-7 Less-lethal Force Policy

(1) Any application of force that is not reasonably anticipated and intended to create a substantial likelihood of death or serious injury is considered as less-lethal force. Less-lethal force options may include, handcuffs and leg restraint devices, control devices and techniques, conducted energy weapons, impact weapons, pain compliance techniques, defensive tactics, and canine deployment.

(2) Agencies should provide officers with equipment, training, and defensive tactics skills to assist in the apprehension and control of suspects as well as the protection of officers and the public.

(3) Officers should only apply those pain compliance techniques for which the officer has received agency-approved training and only when the officer reasonably believes that the use of such a technique appears necessary to further a legitimate law enforcement purpose.

(a) Chokeholds, respiratory, or carotid restraints shall not be used as a pain compliance or arrest control technique. Chokeholds, respiratory, or carotid restraints may be used only if deadly force is reasonable and necessary to prevent serious bodily injury or death to the officer or other person.

(b) Such restraints include kneeling on, applying chokeholds, or applying direct and constant force to the mouth, neck, spine, or throat.

(c) Officers shall not attempt to render an individual unconscious through the use of respiratory or vascular neck restraints unless the use of deadly force is reasonable and necessary.

(4) Officers utilizing any pain compliance technique should consider the totality of the circumstance, including:

(a) the potential for injury to the officer or others if the technique is not used;

(b) the potential risk of serious injury to the individual being controlled;

(c) the degree to which the pain compliance technique may be controlled in the application according to the level of resistance;

(d) the level of resistance of the individual involved;

(e) the need for prompt resolution of the situation; and

(f) whether time or circumstances permit use of reasonable alternatives.

(5) The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. Officers must evaluate the subject for injuries that may have been sustained in any use of force and provide appropriate medical treatment as soon as practicable.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

Utah Admin. Code R728-507-8 Defensive Tactics

(1) Officers may only apply defensive tactics when the officer reasonably believes that the use of such a technique appears necessary to further a legitimate law enforcement purpose.

(2) Officers should use only defensive tactics in which the officer has been trained and which are approved by the agency. Approved defensive tactics include:

(a) focused strikes involving the use of empty-hand techniques; or

(b) contact control measures, such as strategic positioning, escort holds, ground tactics, joint manipulation, or immobilization.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

Utah Admin. Code R728-507-9 Policy for Canine Deployment as Use of Force

(1) This policy shall apply only to deployment of a police service canine as an intentional use of force.

(2) When deciding whether to deploy a canine, a handler should consider the totality of the circumstances, including:

(a) the nature and severity of the offense for which a suspect is sought;

(b) the potential danger posed to the public or officers by the suspect;

(d) whether there are any innocent persons, children, bystanders, or other officers contained within the area in which the canine will be deployed, and whether such persons are reasonably likely to hear and respond to canine deployment warnings.

(3) Canine deployment should be limited to circumstances where a suspect:

(a) is wanted for a serious felony involving violence or a threat of violence;

(b) is reasonably suspected of being armed or otherwise dangerous; or

(c) is wanted for a serious misdemeanor involving violence or a threat of violence, and refuses to comply to lawful orders, or is reasonably suspected to be armed.

(4) A canine shall not be used to apprehend a known juvenile suspect unless they pose an imminent threat of serious bodily injury or death to the officer or another person.

(5) Officers must evaluate the subject for injuries that may have been sustained in the canine deployment and provide appropriate medical treatment as soon as practicable.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

Utah Admin. Code R728-507-10 Duty to Intervene and Report

(1) Any officer present and observing another law enforcement officer or employee using force that is clearly beyond that which is objectively reasonable under the circumstances shall intervene to prevent the use of unreasonable force, if feasible or reasonably possible.

(2) Any officer who observes another officer use force which is not objectively reasonable under the circumstances shall report these observations to a supervisor as soon as feasible. When observing or reporting force used by an officer, each officer must consider the totality of the circumstances and the possibility that other officers may have additional information regarding a threat posed by the subject.

(3) The agency shall investigate the incident and take appropriate action.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

Utah Admin. Code R728-507-11 Medical Assistance Policy

(1) Medical assistance shall be obtained for any person who has sustained visible injury, expressed a complaint of an injury, or continuing pain or who has been rendered unconscious.

(2) If any such individual refuses medical attention, such a refusal shall be fully documented.

(3) Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond physical characteristics, unusually high tolerance to pain or who require a protracted physical encounter with multiple officers to bring under control may be at an increased risk of sudden death and should be examined by qualified medical personnel as soon as practicable.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

Utah Admin. Code R728-507-12 Reporting the Use of Force

(1) Any pointing of a firearm at an individual, aiming of a conductive energy device at an individual that displays the electrical current, or use of physical force by an employee of the agency shall be documented promptly, completely, and accurately in an appropriate report. The reporting officer should articulate the factors perceived and why the reporting officer believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis, and related purposes, the agency may require the completion of additional report forms as specified in policy, procedure, or law.

(2) The reporting officer shall document and report the following incidents or use of force to the investigating agency:

(a) any discharge of a firearm or less-lethal weapon;

(b) any injury inflicted by a police service canine;

(d) any strike or attempted strike with an impact weapon;

(e) any strike or attempted strike of any individual by an officer with hands or feet;

(f) any physical contact with an individual resulting in an injury or complaint of an injury that requires medical treatment or a medical release to book the individual into jail;

(g) any intentional discharge of a conducted energy weapon;

(h) any application of a restraint device other than handcuffs, shackles, or belly chains; and

(i) any circumstance in which a subject alleges any unreasonable use of force.

(3) A supervisor must respond to a reported application of force resulting in visible injury, if reasonably available. When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor shall investigate, ensure that medical treatment is rendered where appropriate, photograph any alleged injuries, identify witnesses, and where appropriate, initiate an administrative investigation.

History

KEY: use of force, firearms, canine, policy
Date of Last Change: December 27, 2021
Authorizing, and Implemented or Interpreted Law: 53-6-109, 53-13-116, 76-2-404, 76-1-601, 77-7-7

R728-508 Police Service Patrol and SWAT Canine Training, Certification, and Recertification Standards

Utah Admin. Code R728-508-1 Authority

This rule is authorized by Section 53-6-403.

History

KEY: canine, standards, training, certification
Date of Last Change: May 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-6-102; 53-6-401; 53-6-402; 53-6-403; 76-9-306

Utah Admin. Code R728-508-2 Purpose

This rule establishes training, certification, and recertification standards for police service agency police service canine teams.

History

KEY: canine, standards, training, certification
Date of Last Change: May 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-6-102; 53-6-401; 53-6-402; 53-6-403; 76-9-306

Utah Admin. Code R728-508-3 Definitions

(1) Terms in this rule are defined in Sections 53-6-102, 53-6-401, and 76-9-306.

(2) In addition:

(a) "police service canine team" includes the "handler" and "police service canine" as defined in Section 76-9-306; and

(b) "qualifying canine certifying entity" includes:

(i) the Utah POST Police Service Dog Program; or

(ii) any entity that satisfies the standards provided in this rule, is approved by the POST Council, and meets the following criteria:

(A) demonstrates adherence to nationally recognized and proven best practices in canine training, assessments, and certification methodologies;

(B) employs certified canine judges who adhere to nationally recognized and proven best practices in canine training, assessments, and certification methodologies;

(D) is nationally recognized or nationally accredited in the canine field.

History

KEY: canine, standards, training, certification
Date of Last Change: May 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-6-102; 53-6-401; 53-6-402; 53-6-403; 76-9-306

Utah Admin. Code R728-508-4 Purpose

This rule provides minimum standards for training, certifying, and recertifying patrol and SWAT police service canine teams.

(1) Each police service canine team shall be initially certified and annually recertified by POST or a qualifying canine certifying entity.

(2) It is not the intent nor legal purpose of these minimum standards to be exhaustive on this subject.

History

KEY: canine, standards, training, certification
Date of Last Change: May 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-6-102; 53-6-401; 53-6-402; 53-6-403; 76-9-306

Utah Admin. Code R728-508-5 Police Service Canine Certification

(1) A police service canine candidate seeking to become certified shall successfully demonstrate the following behaviors during a certification test administered by POST or a qualifying canine certifying entity:

(a) yard-to-yard search for subjects, on-leash and off-leash;

(b) building search for subjects, on-leash and off-leash, to ensure barking indication at doors or inaccessible hiding spots;

(d) open area pursuit and capture in which a subject refuses to surrender and physically engages with the canine followed by release after receiving a verbal release command at the earliest reasonable opportunity;

(e) open area pursuit and capture of a subject who surrenders prior to physical contact by the pursuing canine by use of a verbal command, such that the surrendering subject is not injured;

(f) wind scenting or scouting, on-leash and off-leash, exhibited by a non-barking indication;

(g) release of a subject after receiving a verbal release command at the earliest reasonable opportunity during any type of physical engagement, with a maximum of three commands to obey; and

(h) gun-sure, or remaining on task during gunfire, to ensure a neutral response to handler gunfire, backup officer gunfire, or suspect gunfire.

(2) It is recommended that a police service canine candidate demonstrate the following behaviors during a certification test administered by POST or any qualifying canine certifying entity:

(a) tracking to include footstep-to-footstep, street-tracking, or trailing; and

(b) evidence search, on-leash and off-leash, to ensure non-contaminating evidence indication.

History

KEY: canine, standards, training, certification
Date of Last Change: May 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-6-102; 53-6-401; 53-6-402; 53-6-403; 76-9-306

Utah Admin. Code R728-508-6 Police Service Canine Handler Certification

A police service canine handler candidate seeking to become certified shall successfully demonstrate the following behavior, skills, and knowledge during a certification test administered by POST or a qualifying canine certifying entity:

(1) knowledge of foundational state and federal statutes, constitutional law, and essential controlling judicial precedent guiding appropriate deployment of a police service canine;

(2) ability to properly document the police service canine performance behaviors to establish the canine's reliability;

(3) ability to distinguish the diverse proper functions of a police service canine as a locating tool or force option;

(4) the necessity of pre-deployment warnings;

(5) ability to recognize the circumstances in which a police service canine should be recalled or commanded to disengage from a subject;

(6) understanding of technical information that includes canine psychology, emergency canine first aid, daily care and maintenance; and

(7) understanding of patrol canine basic training that includes the ability to execute common scent work training exercises, obedience and agility training exercises, and apprehension training exercises.

History

KEY: canine, standards, training, certification
Date of Last Change: May 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-6-102; 53-6-401; 53-6-402; 53-6-403; 76-9-306

Utah Admin. Code R728-508-7 Police Service Canine Team Recertification

(1) A police service canine candidate seeking to recertify shall successfully demonstrate the behaviors and skills established in Section R728-508-4 in an annual recertification exam.

(2) A police service canine handler candidate seeking to recertify shall successfully demonstrate the behavior, knowledge, and skills established in Section R728-508-5 in an annual recertification exam.

History

KEY: canine, standards, training, certification
Date of Last Change: May 20, 2025
Authorizing, and Implemented or Interpreted Law: 53-6-102; 53-6-401; 53-6-402; 53-6-403; 76-9-306

R911 Emergency Medical Services

R911-1 General Definitions

Utah Admin. Code R911-1-100 Authority and Purpose

This rule establishes uniform definitions for rules under Title R911. It also provides administration standards applicable to rules under Title R911.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-1-200 General Definitions

Definitions in this rule are found in Section 53-2d-101, in addition:

(1) "advanced emergency medical technician" or "AEMT" means an individual who has completed an AEMT training program, approved by the department, who is licensed by the department as qualified to give services enumerated in this rule;

(2) "affiliated provider" means a licensed EMS individual's secondary employer or employers.

(3) "air ambulance" means a specially equipped and permitted aircraft, especially a helicopter or fixed wing airplane, for transporting patients;

(4) "air ambulance personnel" means the pilot and patient care personnel who are involved in an air medical transport;

(5) "air ambulance service" means any publicly or privately owned organization that is licensed or applies for licensure under Rule R911-3 and provides transportation and care of patients by air ambulance;

(6) "air ambulance service medical director" means a physician knowledgeable of potential medical complications which may arise because of air medical transport, and is responsible for overseeing and assuring that the appropriate air ambulance, medical personnel, and equipment are provided for patients transported by the air ambulance service;

(7) "categorization" means the process of identifying and developing a stratified profile of Utah hospital trauma critical care capabilities in relation to the standards defined under Section R911-9-300;

(8) "certify," "certification," and "certified" mean the official department recognition that an individual has completed a specific level of training and has the minimum skills required to provide emergency medical care at the level for which they may be licensed;

(9) "competitive grant" means a grant awarded through the Emergency Medical Services Grants Program on a competitive basis for a share of available funds;

(10) "continuing medical education" means a department approved training relating specifically to the appropriate level of certification designed to maintain or enhance an individual's emergency medical skills.

(11) "county or multi-county EMS council or committee" means a group of persons recognized as the legitimate entity within the county to formulate policy regarding the provision of EMS;

(12) "course coordinator" means an individual who has completed a department course coordinator course and is endorsed by the department as capable to conduct department authorized EMS courses;

(13) "department" means the Department of Public Safety;

(14) "emergency medical dispatcher" or "EMD" means an individual who has completed a department approved EMD training program, and is licensed by the department as qualified to give services enumerated in this rule;

(15) "emergency medical service dispatch center" means a call center designated by the department for the routine acceptance of calls for emergency assistance, staffed by trained operators who utilize a selective medical dispatch system to dispatch licensed designated quick response units or licensed ambulance and paramedic services;

(16) "emergency medical responder" or "EMR" means an individual who has completed a department approved EMR training program, and is licensed by the department as qualified to give services enumerated in this rule;

(17) "emergency medical technician" or "EMT" means an individual who has completed a department approved EMT training program and is licensed by the department as qualified to give services enumerated in this rule;

(18) "emergency medical technician intermediate advanced" means an individual who has completed a department approved EMT- IA training program and is licensed by the department as qualified to give services enumerated in this rule.

(19) "emergency vehicle operator" means an individual on the roster of an EMS provider who may, in the normal course of the individual's duties, drive an ambulance or an emergency medical response vehicle;

(20) "EMS" means Emergency Medical Services;

(21) "emergency medical incident" means any instance in which an emergency medical services provider is requested to provide or potentially provide emergency medical services;

(22) "EMS instructor" means an individual who has completed a department EMS instructor course and is endorsed by the department as capable to teach EMS personnel;

(23) "EMS stand-by event" means the on-site licensed ambulance, paramedic service, or designated quick response unit at a scheduled event or activity provided by the local 911 exclusive license provider or their designee;

(24) "endorsement" means a department recognized set of skills or specific authority extended to an individual's EMS license;

(25) "exclusive license" means the sole right to perform the licensed act in a defined geographic service area, and that prohibits the department from performing the licensed act, and from granting the right to anyone else;

(26) "Grants Review Subcommittee" means a subcommittee appointed by the EMS Committee to review, evaluate, prioritize, and make grant funding recommendations to the EMS Committee.

(27) "ground ambulance" means a vehicle which is properly equipped, maintained, permitted and used to transport a patient to a patient destination such as a patient receiving facility or resource hospital.

(28) "inclusive trauma system" means the coordinated component of the EMS system composed of any general acute hospitals licensed under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, trauma centers, and pre- hospital providers which have established communication linkages and triage protocols to provide for the effective management, transport and care of any injured patients from initial injury to complete rehabilitation;

(29) "inter-facility transfer" means an ambulance transfer of a patient, who does not have an emergency medical condition as defined in Subsection 53-2d-101(13), and the ambulance transfer of the patient is arranged by a transferring physician for the particular patient, from a hospital, nursing facility, patient receiving facility, mental health facility, or other licensed medical facility;

(30) "individual" means a human being;

(31) "level of care" means the capabilities and commitment to the care of the trauma patient available within a specified facility;

(32) "level of license" means the official department recognized step in the licensure process in which an individual has attained as an EMS provider. It also means the licensed or designated level of an ambulance provider or quick response unit.

(33) "licensed EMS individual" means a person licensed by the department to perform an EMS function;

(34) "meritorious complaint" means a complaint against a licensed ambulance provider, designated agency, or licensed provider that is made by a patient, a member of the immediate family of a patient, or health care provider, that the department determines is substantially supported by the facts or a licensed ambulance provider, designated agency, or licensed provider:

(a) has repeatedly failed to provide service at the level or in the exclusive geographic service area required licensee;

(b) has repeatedly failed to follow operational standards established by the EMS Committee;

(c) has committed an act in the performance of a professional duty that endangered the public or constituted gross negligence; or

(d) has otherwise repeatedly engaged in conduct that is adverse to the public health, safety, morals or welfare, or would adversely affect the public trust in the emergency medical service system;

(35) "matching funds" means that portion of funds, in cash, contributed by the grantee to total project expenditures;

(36) "medical director" means a physician certified by the department to provide off-line medical control;

(37) "mid-level provider" means a licensed nurse practitioner or a licensed physician assistant;

(38) "net income" means the sum of net service revenue, plus other regulated operating revenue and subsidies of any type, less operating expenses, interest expense, and income;

(39) "on-line medical control" refers to physician medical direction of pre-hospital personnel during a medical emergency;

(40) "off-line medical control" refers to physician oversight of local EMS services and personnel to assure their medical accountability;

(41) "paramedic" means an individual who has completed a department approved paramedic training program and is licensed by the department as qualified to give services enumerated in this rule.

(42) "paramedic ground ambulance" means the provision of advanced life support patient care and transport by licensed paramedic personnel in a licensed ambulance;

(43) "paramedic rescue service" means the provision of advanced life support patient care by licensed paramedic personnel without the ability to transport patients;

(44) "paramedic unit" means a vehicle which is properly equipped, maintained and used to transport licensed paramedics to the scene of emergencies to perform paramedic services without the ability to transport patients to a designated hospital or designated patient receiving facility;

(45) "paramedic tactical service" means the retrieval and field treatment of injured peace officers or victims of traumatic confrontations by licensed paramedics who are trained in combat medical response;

(46) "paramedic tactical unit" means a vehicle which is properly equipped, maintained, and used to transport licensed paramedics to the scene of traumatic confrontations to provide paramedic tactical services;

(47) "patient care report" means a record of the response by each responding emergency medical services provider unit to each patient during an EMS incident;

(48) "patient receiving facility" means a department designated medical clinic or designated resource hospital that is approved to receive patients transported by a licensed ambulance provider;

(49) "per capita grants" mean block grants determined by prorating available funds on a per capita basis as delineated in Section 26B-4-107, as part of the Emergency Medical Services Grants Program.

(50) "permit" means the document issued by the department that authorizes a vehicle to be used in providing emergency medical services;

(51) "person" means an individual, firm, partnership, association, corporation, company, or group of individuals acting together for a common purpose, agency, or organization of any kind public or private;

(52) "physician" means a medical doctor licensed to practice medicine in Utah;

(53) "pilot" means an individual licensed to operate an air ambulance;

(54) "pre-hospital care" means medical care given to an ill or injured patient by a designated or licensed EMS provider outside of a hospital setting;

(55) "primary affiliated provider" or "PAP" means a licensed EMS individual's primary or main employer or provider;

(56) "primary emergency medical services" means an organization that is the only licensed or designated service in a geographical area;

(57) "provider" means a department licensed or designated entity that provides emergency medical services;

(58) "provisional license" means temporary terms and conditions placed on a licensed EMS individual's license until completion of an investigation or a final adjudication or conclusion of the pending matter;

(59) "quick response unit" or "QRU" means an entity that provides emergency medical services to supplement local licensed ambulance providers or provide unique services;

(60) "quick response vehicle" or "QRV" means a vehicle which is properly equipped, maintained, permitted, and used to perform assistive services at a scene. A QRV may transport or deliver a patient to a licensed ambulance provider access point. The QRV may include an automobile, an all-terrain vehicle, or a watercraft.

(61) "resource hospital" means a facility designated by the EMS Committee to provide on-line medical control for the provision of pre-hospital emergency care;

(62) "restricted license" means a licensed EMS individual may not function in their EMS capacity for an interim period;

(63) "scene" means the location of initial contact with the patient;

(64) "selective medical dispatch system" means a department approved reference system used by a designated local dispatch agency to dispatch aid to medical emergencies which includes:

(a) systemized caller interrogation questions;

(b) systemized pre-arrival instructions; and

(c) protocols matching the dispatcher's evaluation of injury or illness severity with vehicle response mode and configuration;

(65) "specialized life support air ambulance service" means a level of care which requires equipment or specialty patient care by one or more medical personnel in addition to the regularly scheduled air medical team; and

(66) "training officer" means an individual who has completed a department training officer course and is endorsed by the department to be responsible for an EMS provider organization's continuing medical education, license renewal records, and testing.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

R911-2 Emergency Medical Services Provider Designations for Pre-Hospital Providers, Critical Incident Stress Management, and Quality Assurance Reviews

Utah Admin. Code R911-2-100 Authority and Purpose

(1) This rule is established under Title 53, Chapter 2d, Emergency Medical Services Act. It describes types of providers that require a designation, the application process for obtaining a designation and minimum designation requirements.

(2) The rule also establishes criteria for critical incident stress management and the process for quality assurance reviews.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-200 EMS Provider Designation Types

The following type of provider shall obtain a designation from the department:

(1) quick response provider;

(2) emergency medical service dispatch center; or

(3) nonemergency secured behavioral health transport.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-300 Quick Response Provider Minimum Designation Requirements

A quick response provider shall meet the following minimum designation requirements:

(1) vehicles, equipment, and supplies that meet department requirements;

(2) describe locations for stationing its vehicles, equipment and supplies;

(3) a current dispatch agreement with a designated emergency medical service dispatch center;

(4) a department-endorsed training officer;

(5) a current plan of operations, which shall include:

(a) the name, EMS license number, and license level of personnel;

(b) operational procedures; and

(6) a current agreement with a department-certified off-line medical director who will perform the following:

(a) develop and implement patient care standards which include written standing orders and triage, treatment, pre- hospital protocols, and pre-arrival instructions to be given by designated emergency medical dispatch centers;

(b) ensure the qualification of field licensed EMS personnel involved in patient care and dispatch through the provision of ongoing continuing medical education programs and appropriate review and evaluation;

(c) develop and implement an effective quality improvement program, including medical audit, review, and critique of patient care;

(d) annually review triage, treatment, and transport protocols and update them as necessary;

(e) suspend from patient care, pending department review, a field EMS personnel or dispatcher who does not comply with local medical triage, treatment and transport protocols, pre-arrival instruction protocols, or who violates EMS rules, or who the medical director determines is providing emergency medical service in a careless or unsafe manner;

(f) notify the department within one business day of any imposed suspensions; and

(g) attend meetings of the local EMS council, if one exists, to coordinate operations of local EMS providers;

(7) provide current treatment protocols approved by the certified off-line medical director for the designated service level;

(8) provide a copy of its certificate of insurance; and

(9) provide a letter of support from the licensed ambulance providers in the geographical service area.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-400 Emergency Medical Service Dispatch Center Minimum Designation and Certified Emergency Medical Dispatcher Requirements

(1) Designated emergency medical service dispatch centers shall have a selective medical dispatch system that meets EMS Committee approval, and uses local dispatch protocols approved by the off-line medical director including:

(a) systemized caller interrogation questions;

(b) systemized pre-arrival instructions;

(c) protocols matching the dispatcher's evaluation of injury or illness severity with vehicle response mode and configuration;

(d) use protocols matching the dispatcher's evaluation of injury or illness severity with vehicle response mode and configuration;

(e) provide pre-hospital arrival instructions by a certified emergency medical dispatcher (EMD);

(f) have a current updated plan of operations including:

(i) plan of operations to be used in a disaster or emergency;

(ii) communication systems; and

(iii) aid agreements with other designated medical service dispatch centers;

(g) a current agreement with a department-certified off-line medical director;

(h) an ongoing medical call review quality assurance program; and

(i) a licensed emergency medical dispatcher roster including certified EMD staff names, certification numbers, and expiration dates.

(2) EMDs shall be certified by the dispatch center's selective medical dispatch system vendor. Before authorization of a training and certification program by the vendor of a qualified medical dispatch system, the vendor must meet the certification requirements approved by the EMS Committee. Certification requirements shall include:

(a) successful completion of the certification course and related testing;

(b) keep documentation of having completed a training course, utilizing the 2020 American Heart Association emergency cardiovascular care guidelines, in high-quality telephone cardiopulmonary resuscitation (T-CPR), the instruction shall incorporate recognition protocols for out-of-hospital cardiac arrest (OHCA) CPR instructions for callers, and continuous education;

(c) certified EMDs shall be included in the department's license management system for compliance monitoring and may adjust state EMS grant revenues based on failure to comply with the requirements of this section;

(d) meet background screening requirements as described in Section 53-2d-410; and

(e) be at least 18 years of age or older.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-500 Nonemergency Secured Behavioral Health Transport Minimum Designation Requirements

(1) Vehicles, equipment, and supplies that meet the current requirements of the department for designated nonemergency secured behavioral health transport providers as found on the Office of EMS and Preparedness' website.

(2) Meet staffing requirements as set forth by the EMS Committee. During transport each designated nonemergency secured behavioral health transport vehicle shall be staffed with two personnel. One or both staff shall have completed required training as approved by department policy for mental health patient de-escalation and American Heart Association cardiopulmonary resuscitation or equivalent.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-600 Designation Applications

(1) Any person applying for designation shall submit to the department:

(a) applications fees;

(b) complete application on department forms; and

(2) The department may determine if clarifying information is needed for approval or processing. The department will provide needed requirements to the applicant.

(3) A provider applying for re-designation should submit an application as described in this section 90 days before the expiration of its designation to avoid a lapsed period.

(4) A designation may be issued for up to a four-year period.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-700 Quick Response Provider Designation Applications

A quick response provider shall provide:

(1) name of the organization and its principles;

(2) name of the person or organization financially responsible for the service and documentation from that entity accepting responsibility;

(3) if the applicant is privately owned, they shall submit certified copies of the document creating the entity;

(4) a description of the geographical area of service; and

(5) a demonstrated need for the service.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-800 Emergency Medical Service Dispatch Center Designation Applications

An emergency medical service dispatch center shall provide:

(1) name of the organization and its principles;

(2) name of the person or organization financially responsible for the service provided by the designee and documentation from that entity accepting responsibility;

(3) if the applicant is privately owned, they shall submit certified copies of the document creating the entity;

(4) a description of the geographical area of service; and

(5) a demonstrated need for the service.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-900 Nonemergency Secured Behavioral Health Transport Designation Applications

(1) A designated nonemergency secured behavioral health transport provider shall provide to the department:

(a) name of the organization and its principles;

(b) name of the person or organization financially responsible for the service and documentation from that entity accepting responsibility; and

(2) Provide a current plan of operations, which shall include:

(a) a description of operational procedures;

(b) description of how the designated nonemergency secured behavioral health transport will interface with hospitals, emergency receiving facilities, licensed mental health facilities, and EMS providers;

(d) written policies that address under what circumstances a transport will be declined for medical or payment purposes;

(e) a written protocol to activate 911 if an emergency medical situation arises; and

(f) procedures for patient care.

(3) Provide a written policy of how the designated nonemergency secured behavioral health transport will report patient care data to the department.

(4) Provide a copy of its certificate of insurance or if seeking application, provide proof of the ability to obtain insurance to respond to damages due to operation of a vehicle in the and following minimum amounts:

(a) liability insurance in the amount of $1,000,000 for each individual claim; and

(b) liability insurance in the amount of $1,000,000 for property damage from any one occurrence.

(5) A designated nonemergency secured behavioral health transport provider shall obtain the insurance from an insurance company authorized to write liability coverage in Utah or through a self-insurance program and shall:

(a) provide the department with a copy of its certificate of insurance demonstrating compliance with this section;

(b) direct the insurance carrier or self-insurance program to notify the department of any changes in insurance coverage within 60 days; and

(c) provide the department with a copy of its certificate of insurance indicating coverage at or above $1,000,000 for liability.

(6) Before approval of the designation, each vehicle will be inspected and permitted by the department and shall meet the requirements in Subsection R911-4-300(5).

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-1000 Denial or Revocation of Designation

(1) The department may deny an application for a designation for any of the following reasons:

(a) failure to meet requirements as specified in the rules governing the service;

(b) failure to meet vehicle, equipment, or staffing requirements;

(d) conduct during the performance of duties relating to its responsibilities as an EMS provider that is contrary to accepted standards of conduct for EMS personnel described in Sections 26-2d-602 and 53-2d-604;

(e) failure to meet agreements covering training standards or testing standards;

(f) a history of disciplinary action relating to a license, permit, designation, or certification in this or any other state;

(g) a history of criminal activity by the licensed or designated provider or its principals while licensed or designated as an EMS provider or while operating as an EMS service with permitted vehicles;

(h) falsifying or misrepresenting any information required for licensure or designation or by the application for either;

(i) failure to pay the required designation or permitting fees or failure to pay outstanding balances owed to the department;

(j) failure to submit records and other data to the department as required by statute or rule;

(k) misuse of grant funds received under Section 53-2d-207; and

(l) violation of federal standards required for the provision of EMS service.

(2) An applicant who has been denied a designation may request a department review by filing a written request for reconsideration within 30 calendar days of the issuance of the department's denial.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-1100 Application Review and Approval

If the department finds that an application for designation is complete and that the applicant meets requirements, it may approve the designation.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-1200 Change in Designated Level of Service

(1) A quick response provider may apply to provide a higher designated level of service by:

(a) submitting the applicable fees; and

(b) submitting an application on department forms to the department.

(2) As part of the application, the applicant shall provide:

(a) a copy of the new treatment protocols for the higher level of service approved by the off-line medical director;

(b) an updated plan of operations demonstrating the applicant's ability to provide the higher level of service;

(c) a written assessment of the performance of the applicant's field performance by the applicant's off-line medical director; and

(d) provide the department with a letter of support from the licensed providers in the geographical service area.

(3) If the department finds that the applicant has demonstrated the ability to provide the upgraded service, it shall issue a new designation reflecting the higher level of service.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-1300 Critical Incident Stress Management and Peer Support Training

(1) The department may establish a critical incident stress management (CISM) team to meet its public health responsibilities.

(2) The department's CISM team may conduct stress debriefings, defusings, demobilizations, education, and other critical incident stress interventions upon request for persons who have been exposed to one or more stressful incidents in the course of providing emergency services.

(3) The department's CISM team may assist the department in approving peer support training for licensed EMS personnel

(4) Individuals who serve on the CISM team shall complete department approved initial and ongoing training.

(5) While serving as a CISM team member, the individual is acting on behalf of the department. Records collected by the CISM team are department records. CISM team members may not share department identifiable personal information related to activities under Subsection (2).

(6) The department may reimburse a CISM team member for travel expenses incurred in performing their duties in accordance with state finance mileage reimbursement policy.

(7) The department will maintain a list of individuals who have successfully completed an approved peer support training program.

(8) Individuals who perform peer support functions may receive legal protections to not be compelled to disclose information as described in Section 78B-5-9.

(9) Individuals who perform peer support functions for a licensed or designated EMS provider shall be familiar with peer support policies for the licensed or designated EMS provider with whom they are employed or otherwise serving.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-2-1400 Quality Assurance Reviews

(1) The department may conduct quality assurance reviews of licensed and designated providers and training programs on an annual basis or more frequently as necessary to enforce this rule.

(2) The department shall conduct a quality assurance review before issuing a new license or designation.

(3) The department may conduct quality assurance reviews on personnel, vehicles, facilities, communications, equipment, documents, records, methods, procedures, materials, and other attributes or characteristics of the designated provider.

(a) The department will provide a written copy to the designated provider.

(b) The designated provider shall correct deficiencies within 30 days unless otherwise directed by the department.

(c) The designated provider shall immediately notify the department on a department approved form when the deficiencies have been corrected.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

R911-3 Licensure

Utah Admin. Code R911-3-1 Authority and Purpose

(1) This rule is authorized under Subsection 53-2d-103(1)(e).

(2) The purpose of this rule is to set forth ground ambulance policies, rules, and standards adopted by the Utah Emergency Medical Services Committee created in Section 53-2d-104, which promotes and protects the health and safety of the people of this state.

History

KEY: emergency medical services, licensure
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-103(1)(e); 53-2d-104; 53-2d-101.1

Utah Admin. Code R911-3-2 Requirement for Licensure

A provider of ground ambulance, paramedic ground ambulance, or paramedic services shall obtain a license from the department before providing these services.

History

KEY: emergency medical services, licensure
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-103(1)(e); 53-2d-104; 53-2d-101.1

Utah Admin. Code R911-3-3 Licensure Types

(1) The department may issue exclusive ground ambulance transport licenses for the following types of service:

(a) emergency medical technician (EMT);

(b) advanced emergency medical technician (AEMT); and

(2) The department may issue exclusive ground ambulance inter-facility transport licenses for the following types of service:

(a) EMT;

(b) AEMT; and

(3) The department may issue exclusive paramedic, non-transport licenses.

(4) The department may issue a paramedic tactical license that is a function not tied to a specific geographical location.

History

KEY: emergency medical services, licensure
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-103(1)(e); 53-2d-104; 53-2d-101.1

Utah Admin. Code R911-3-4 Scope of Operations

(1) A ground ambulance or paramedic licensed provider may only provide service to its specific licensed geographic service area and is responsible to provide services to its entire specific geographic service area except as provided by aid agreements. It will provide emergency medical services for its category of licensure.

(2) A ground ambulance provider or paramedic service provider shall provide services 24 hours a day, every day of the year.

(3) A ground ambulance provider or paramedic service provider shall provide standby services for any special event that requires ground ambulance or paramedic services within its geographic service area. The licensed provider may arrange for those services through aid agreements. Designated quick response units may also support licensed ground ambulance or paramedic services at special events. If a licensed provider refuses to provide service, or is non-responsive in a timely manner to a request for a special event, the event organizer may use a licensed or designated provider of their choice.

(4) A ground ambulance provider may provide arranged patient care services through a community paramedicine program. The licensed ground ambulance provider shall submit a description of the community paramedicine program to the department to be included with the operations plan for licensure.

History

KEY: emergency medical services, licensure
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-103(1)(e); 53-2d-104; 53-2d-101.1

Utah Admin. Code R911-3-5 Minimum Licensure Requirements Ground Ambulance and Paramedic Services

A licensed provider shall meet the following minimum requirements:

(1) sufficient ground ambulances, emergency response vehicles, equipment, and supplies that meet the requirements of this rule and as may be necessary to carry out its responsibilities under its license or proposed license without relying upon aid agreements with other licensed providers;

(2) locations or staging areas for stationing its vehicles;

(3) a current written dispatch agreement with a designated emergency medical dispatch center;

(4) ground ambulances may have current written aid agreements with other ground ambulance licensed providers to give assistance in times of unusual demand;

(5) a department certified EMS training officer that is responsible for continuing education;

(6) a current plan of operations;

(7) a description of how the licensed provider or applicant proposes to interface with other licensed and designated EMS providers;

(8) demonstrate fiscal viability;

(9) medical personnel roster which includes level of licensure to ensure there is sufficient trained and licensed staff for operational procedures;

(10) any proposed permitted vehicles;

(11) a current written agreement with a department certified off-line medical director or a medical director certified in the state where the service is based;

(12) provide a copy of its certificate of insurance or if seeking application, provide proof of the ability to obtain insurance to respond to damages due to operation of a vehicle in the manner and following minimum amounts:

(a) liability insurance in the amount of $1,000,000 for each individual claim;

(b) liability insurance in the amount of $1,000,000 for property damage from any one occurrence; and

(c) obtain the insurance from an insurance company authorized to write liability coverage in Utah or through a self- insurance program and shall:

(i) provide the department with a copy of its certificate of insurance demonstrating compliance with this section; and

(ii) direct the insurance carrier or self-insurance program to notify the department of changes in insurance coverage within 60 days;

(13) not be disqualified for disciplinary action relating to an EMS license, permit, designation, or certification in this or any other state;

(14) a paramedic tactical service shall be a public safety agency or have a letter of recommendation from a county or city law enforcement agency within the paramedic tactical service's geographic service area;

(15) applicable fees and application on department approved forms to the department;

(16) a detailed description and detailed map of the exclusive geographical areas that will be served;

(17) if the requested geographical service area is for less than the currently established geographical service area for ground ambulance or paramedic services, the applicant shall include a written description and detailed map showing how the areas not included will receive ground ambulance or paramedic services;

(18) if an applicant is responding to a public bid, the applicant shall include detailed maps and descriptions for each geographical area served;

(19) documentation showing that the applicant meets each local zoning and business licensing standard within the exclusive geographical service area that it will serve;

(20) a written description of how the applicant will communicate with dispatch centers, law enforcement agencies, on- line medical control, and patient transport destinations;

(21) patient care protocols, medications, and equipment approved by the provider's medical director based on licensure level according to department policies;

(22) applicant's plans for operations during times of unusual demand;

(23) a written assessment of field performance from the applicant's off-line medical director;

(24) other information that the department determines necessary for the processing of the application and the oversight of the licensed entity.

(25) written cost, quality, and access goals as described in Section R911-3-6, if available;

(26) response to a request for proposal;

(27) if, upon department review, the application for a new license is complete and meets each requirement, the department shall issue a notice of approved application;

(28) award of a new license or a renewal license is contingent upon the applicant's demonstration of compliance with any applicable statute and rule and a successful department quality assurance review;

(29) after review and before issuing a license to a new service, the department will inspect the ground vehicle, equipment, and required documentation; and

(30) a license may be issued for up to a four-year period unless revoked or suspended by the department. The department may alter the length of the license to standardize renewal cycles.

History

KEY: emergency medical services, licensure
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-103(1)(e); 53-2d-104; 53-2d-101.1

Utah Admin. Code R911-3-6 Cost, Quality, and Access Goals for Ground Ambulance Providers

(1) A local government shall establish emergency medical service goals.

(2) The local government emergency medical service shall renew their goals every four years in concurrence with the licensure process for the EMS licensed ground ambulance provider. Each local government in a licensed service area shall participate.

(3) The local government may amend goals if necessary, due to:

(a) unforeseen changes in service delivery;

(b) community impacts; or

(4) The local government shall write and approve the emergency medical service goals, and submit them to the department with the licensure or re-licensure application by the EMS licensed ground ambulance provider for that geographical service area.

(5) Local governments may choose to recognize EMS providers who have achieved accreditation by a department approved accreditation organization as meeting the cost, quality, and access goals.

(6) Cost goals shall state the expected financial cost to the local government and patients for the level of service provided.

(7) Quality goals shall state the expected level of service plus any additional foreseen improvements or advancements in service expectations.

(8) Access goals shall state the local government's expectation for access to the EMS system by any individual within the local government's geographic area.

History

KEY: emergency medical services, licensure
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-103(1)(e); 53-2d-104; 53-2d-101.1

Utah Admin. Code R911-3-7 Medical Control

(1) Each licensed provider shall enter into a written agreement with a physician to serve as its off-line medical director to supervise the medical care or instructions provided by the field EMS personnel and dispatchers. The physician shall be familiar with:

(a) the design and operation of the local pre-hospital EMS system; and

(b) local dispatch and communication systems and procedures.

(2) The off-line medical director shall:

(a) develop and implement patient care standards which include written standing orders and triage, treatment, and transport protocols;

(b) ensure the qualification of field EMS personnel involved in patient care through the provision of ongoing continuing medical education programs and appropriate review and evaluation;

(c) develop and implement an effective quality improvement program, including medical audit, review, and critique of patient care;

(d) annually review triage, treatment, and transport protocols and update them as necessary;

(e) suspend from patient care, pending department review, a field EMS personnel who does not comply with local medical triage, treatment and transport protocols, or who violates any of the EMS rules, or who the medical director determines is providing emergency medical service in a careless or unsafe manner;

(f) the medical director shall notify the department within one business day of the suspension; and

(g) attend meetings of the local EMS Council, if one exists, to participate in the coordination and operations of local EMS providers; and

(3) licensed providers shall notify the department if an off-line medical director is replaced, within 30 days.

History

KEY: emergency medical services, licensure
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-103(1)(e); 53-2d-104; 53-2d-101.1

Utah Admin. Code R911-3-8 Ground Ambulance or Paramedic Service Provider Aid Agreements

(1) The department and the surrounding ambulance providers expect each licensed ground ambulance provider to provide mutual aid support for adjoined geographical service areas. Mutual aid support means that a licensed ground ambulance provider may be called upon to provide assistance during times of unusual demand. The licensed ground ambulance provider shall submit exceptions for the mutual aid expectation as part of a license application.

(2) Other types of aid agreements shall be in writing, signed by both parties, and detail the:

(a) purpose of the agreement;

(b) type of assistance required;

(d) duration of the agreement.

(3) The parties shall provide a copy of any aid agreement except for mutual aid support to the department and to the designated emergency medical dispatch center that dispatch the licensed ground ambulance providers.

(4) When mutual aid support is given the licensed ground ambulance provider rendering support will be responsible for the following, unless otherwise stated in writing, and approved by the department before the event:

(a) billing or other financial reimbursements;

(b) liability for EMS operations related to staff and patient care; and

History

KEY: emergency medical services, licensure
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-103(1)(e); 53-2d-104; 53-2d-101.1

Utah Admin. Code R911-3-9 Application Review and Award for Ground Ambulance Providers Selected by Public Bid

(1) Upon receipt of an appropriately completed application, for ground ambulance or paramedic service license and submission of license fees, the department shall collect supporting documentation and review each application.

(2) If, upon department review, the application is complete and meets each requirement, the department shall:

(a) for a new license application, issue a notice of approved application;

(b) issue a renewal license to an applicant;

(c) issue a four-year renewal license to a license selected by a political subdivision if the political subdivision verified to the department that the licensed provider has met each specification of the original bid and requirements; or

(d) issue a second four-year renewal license to a licensed provider selected by a political subdivision if:

(i) the political subdivision verified to the department that the licensed provider has met each specification of the original bid and requirements; and

(ii) if the department or the political subdivision has not received, before the expiration date, written notice from an approved applicant desiring to submit a bid for ambulance or paramedic services.

(3) Upon the request of the political subdivision and the agreement of each interested party and the department that the public interest would be served, the renewal license may be issued for a period of less than four years or a new request for the proposal process may be commenced at any time.

History

KEY: emergency medical services, licensure
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-103(1)(e); 53-2d-104; 53-2d-101.1

Utah Admin. Code R911-3-10 Criteria for Denial or Revocation of Licensure

(1) The department may deny an application for a license, a renewal of a license, or revoke, suspend or restrict a license without reviewing whether a license shall be granted or renewed to meet public convenience and necessity for any of the following reasons:

(a) failure to meet substantial requirements as specified in the rules governing the service;

(b) failure to meet vehicle, equipment, staffing, or insurance requirements;

(d) substantial violations;

(e) a history of disciplinary action relating to a license, permit, designation, or certification in this or any other state;

(f) a history of serious or substantial public complaints;

(g) a history of criminal activity by the licensee or its principals while licensed or designated as an EMS provider or while operating as an EMS service with permitted vehicles;

(h) falsification or misrepresentation of any information in the application or related documents;

(i) failure to pay the required licensing or permitting fees or other fees or failure to pay outstanding balances owed to the department;

(j) failure to submit records and other data to the department as required;

(k) a history of inappropriate billing practices;

(l) misuse of grant funds; or

(m) violation of OSHA or other federal standards that it is required to meet in the provision of the EMS service.

(2) If an applicant or licensed provider has been denied, revoked, suspended, or issued a restricted license by the department, the applicant or licensed provider may appeal a denial by filing a written appeal within 30 calendar days of the receipt of the issuance of the department's denial.

History

KEY: emergency medical services, licensure
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-103(1)(e); 53-2d-104; 53-2d-101.1

Utah Admin. Code R911-3-11 Change of Owner

(1) A licensed provider cannot transfer their license and the vehicle permits to another party.

(2) A new owner shall submit within ten calendar days before the acquisition of property, applications and fees for a new license and vehicle permits.

History

KEY: emergency medical services, licensure
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-103(1)(e); 53-2d-104; 53-2d-101.1

R911-4 Operations

Utah Admin. Code R911-4-100 Authority and Purpose

This rule establishes standards for the operation of licensed ground EMS providers or designated EMS providers under Title 53, Chapter 2d, Emergency Medical Services Act.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-4-200 Licensed Ground Ambulance, Designated QRU, and Designated Nonemergency Secured Behavioral Health Transport Staffing

(1) While responding to a call, each permitted QRV shall be staffed by at least one individual licensed at or above the provider's designated level of service.

(2) While responding to a call, each licensed ground ambulance shall be staffed with the following minimum complement of licensed personnel for the level of service described unless otherwise determined by local selective medical dispatch system protocols for a lower level response as described in the licensed ground ambulance provider's operational plan:

(a) EMT ambulance: One EMT, and one EMT, AEMT, EMT-IA, or paramedic;

(b) AEMT ambulance: one AEMT and one EMT, AEMT, EMT-IA or paramedic;

(d) paramedic Rescue, non-transport: one paramedic;

(e) paramedic inter-facility: one paramedic and one EMT, AEMT, EMT-IA, or paramedic; or

(f) paramedic tactical, non-transport: one paramedic.

(3) A licensed ground ambulance or EMS provider shall deploy at least one licensed personnel at the appropriate level of service to the scene of a 911 call, as determined by local selective medical dispatch system protocols. It is required that ground ambulance responses have a minimum of two licensed personnel on-scene of 911 calls.

(4) Transport of a patient from a scene to a hospital or patient receiving facility, or the transfer of a patient to another licensed ground ambulance provider shall be accomplished by two or more personnel licensed at a level deemed appropriate by the on-scene licensed providers. This shall be determined by a patient's medical condition and local EMS provider treatment protocols.

(5) When providing care, responders not in a uniform shall display upon request their level of medical licensure.

(6) Each licensed or designated provider shall maintain a personnel file for each licensed individual. The personnel file shall include records documenting the individual's qualifications, training, endorsements, certifications, licensure, immunizations, and continuing medical education.

(7) A licensed individual may perform only to the licensed EMS provider level of service, even if the licensed EMS or designated provider is licensed or designated at a higher level of service.

(8) During transport each designated nonemergency secured behavioral health transport vehicle shall be staffed with a minimum of two personnel, with at least one who has obtained required training as approved by department policy for mental health patient de-escalation and American Heart Association cardiopulmonary resuscitation or equivalent.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-4-300 Permits and Inspections

(1) A licensed ground ambulance or designated EMS provider shall only use vehicles for which the provider has obtained a permit from the department. Each new ground ambulance shall meet state approved specifications and standards. Department policy for ground ambulances will be posted on the Bureau of Emergency Medical Services and Preparedness's website.

(2) A permit issued by the department is valid for one year.

(3) The provider shall display the current permit location on vehicle in a location easily visible at ground level from outside of the vehicle.

(4) Permits and decals are not transferable to other vehicles.

(5) Each licensed ambulance and designated QRU provider shall annually provide proof upon request that every operator of an emergency vehicle has successfully completed an emergency vehicle operator's course approved by the department.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-4-400 Licensed Ground Ambulance, Designated QRU Provider, and Designated Nonemergency Secured Behavioral Health Transport Operations

(1) Each licensed ground ambulance provider or designated QRU provider shall notify the department of the permanent location of its ground ambulances and QRVs. The licensed ground EMS provider or designated QRU provider shall notify the department in writing if the permanent location changes for any permitted vehicles.

(2) Each licensed ground ambulance provider, designated QRU provider, or designated nonemergency secured behavioral health transport provider shall maintain each operational permitted vehicle on a premise suitable to make it available for immediate use, in good mechanical repair, properly equipped, and in a sanitary condition.

(3) Each licensed ground ambulance provider or designated provider shall maintain each operational vehicle in a clean condition with the interior being thoroughly cleaned after each use in accordance with OSHA standards and the provider's exposure control plan.

(4) Each licensed ground ambulance provider or designated provider shall equip each operational vehicle with adult and child safety restraints. To the point practicable and feasible, each occupant shall be safely restrained during operation.

(5) Each licensed ground ambulance provider or designated QRU provider shall assure that each emergency vehicle operator who may drive the emergency vehicle:

(a) is at least 18 years of age;

(b) possesses a valid driver license;

(d) successfully completed a department approved emergency vehicle operator's course or refresher course within the past two years.

(6) The department shall verify annually that licensed ground ambulance providers or designated providers are in compliance with this requirement.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-4-500 Scene and Patient Management

(1) Designated emergency medical service dispatch centers shall use a selective medical dispatch system to determine which licensed ambulance provider will be notified for patient transport.

(2) When responding to a medical emergency call, EMS personnel shall follow protocols approved by the service provider's medical director, and act within their scope of practice.

(3) EMS personnel shall establish communication with on-line medical control as soon as reasonable.

(4) Licensed Paramedic tactical service provider may only function at the invitation of the local or state public safety authority. When called upon for assistance, the licensed tactical paramedic provider shall immediately notify the local emergency medical service dispatch center to coordinate patient transportation.

(5) Patients who are to be transferred to a different hospital, patient receiving facility, or mental health facility may be delayed by the licensed ambulance provider for severe weather, hazardous conditions, or any other situation that may endanger the safety of the EMS personnel, employed staff, the person being transported, or the public.

(a) Severe weather should be evaluated based on the licensed ambulance provider's written policies. Policies for weather assessment should be shared with hospitals and other receiving facilities in the geographical service area. During periods of severe weather, the transport should be delayed until the transportation risks are acceptable. The licensed providers shall maintain a weather assessment policy.

(b) When EMS personnel are not immediately able to respond due to unusual demands with other events, the licensed ambulance provider shall communicate the delay with the transferring hospital or facility. Additionally, the transferring hospital or facility should notify the receiving hospital facility, or mental health facility regarding the delay. Communications shall provide an estimated response time. The licensed ambulance provider is responsible to coordinate with the discharging facility an acceptable delay period or make reasonable attempts to arrange the transport with another licensed ambulance provider.

(6) Personnel shall be evaluated by the licensed ambulance provider for fatigue as to reduce possibilities of accidents while driving. If the licensed ambulance provider determines that personnel have fatigue to the point of compromised ability to drive or perform medical skills, the licensed ambulance shall discuss transport options with the transferring facility. Additionally, the transferring facility should notify the delay to the receiving facility. Options may include a possible transport delay, or assistance through mutual agreements.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-4-600 Pilot Projects

(1) A person who proposes to undertake a research or study project which requires waiver of any rule shall have a project director who is a physician licensed to practice medicine in Utah, and shall submit a written proposal to the department for presentation to the EMS Committee for recommendation.

(2) The proposal shall include the following:

(a) a project description that describes the:

(i) need for project;

(ii) project goal;

(iii) specific objectives;

(iv) approval by the provider off-line medical director;

(v) methodology for the project implementation;

(vi) geographical area involved by the proposed project;

(vii) specific rule or portion of rule to be waived;

(viii) proposed waiver language; and

(ix) evaluation methodology;

(b) a list of the EMS providers and hospitals participating in the project; and

(c) a signed statement of endorsement from the participating hospital medical directors and administrators, the director of each participating licensed paramedic and ambulance provider, other project participants, and other parties who may be significantly affected.

(3) If the pilot project requires the use of additional skills, a description of the skills to be utilized by the field EMS licensed personnel and provision for training and supervising the field EMS licensed personnel who are to utilize these skills, including the names of the field EMS licensed personnel.

(4) The name and signature of the project director attesting to their support and approval of the project proposal.

(5) If the pilot project involves human subjects' research, the applicant shall also obtain department Institutional Review Board approval.

(6) The department or committee, as appropriate, may require the applicant to meet additional conditions as it considers necessary or helpful to the success of the project, integrity of the EMS system, and safety to the public.

(7) The department or committee, as appropriate, may initially grant project approval for one year. The department or committee, as appropriate, may grant approval for continuation beyond the initial year based on the achievement and satisfactory progress as evidenced in written progress reports to be submitted to the department at least 90 days before the end of the approved period. A pilot project may not exceed three years.

(8) The department or committee, as appropriate, may only waive a rule if:

(a) the applicant has met the requirements of this section;

(b) the waiver is not inconsistent with statutory requirements;

(d) it finds that the pilot project has the potential to improve pre-hospital medical care.

(9) Approval of a project allows the field EMS licensed personnel listed in the proposal to exercise the specified skills of the participants in the project. The project director shall submit the names of field EMS licensed personnel not initially approved to the department.

(10) The department or committee, as appropriate, may rescind approval for the project at any time if:

(a) those implementing the project fail to follow the protocols and conditions outlined for the project;

(b) it determines that the waiver is detrimental to public health; or

(11) The department or committee, as appropriate, shall allow the licensed or designated EMS provider involved in the study to appear before the department or committee, as appropriate, to explain and express its views before determining to rescind the waiver for the project.

(12) At least six months before the planned completion of the project, the medical director shall submit to the department a report with the preliminary findings of the project and any recommendations for change in the project requirements.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-4-700 Confidentiality of Patient Information

Licensed or designated EMS providers and any licensed EMS personnel may not disclose patient information except as necessary for patient care or as allowed by statute or rule.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-4-800 Permitted Vehicle Supply Requirements

(1) In accordance with the licensed EMS provider level or designation type and level, each permitted vehicle shall carry the quantities of supplies, medications, and equipment as described in the department inspection requirements. The vehicle requirements shall be approved by the state EMS medical director and the state EMS Committee.

(2) Medical directors for licensed or designated providers are responsible to provide protocols, training, and quality assurance for any medications used by licensed individuals performing duties for their respective licensed or designated provider.

(3) If a licensed or designated EMS provider desires to carry different equipment, supplies, or medication from the vehicle supply requirements, the provider shall submit a written request from the certified off-line medical director to the department requesting the waiver. The request shall include:

(a) a detailed training outline;

(b) protocols;

(d) supporting documentation;

(e) local EMS Council or committee comments; and

(f) a detailed letter of justification.

(4) Alnynon-disposable equipment shall be designed and constructed of materials that are durable and capable of withstanding repeated cleaning. The provider shall:

(a) clean the equipment after each use in accordance with OSHA standards;

(b) sanitize or sterilize equipment before reuse;

(d) clean and change linens after each use; and

(e) store or secure any equipment in a readily accessible and safe manner to prevent its movement.

(5) The provider shall have any equipment tested, maintained, and calibrated according to the manufacturer's standards.

(6) The provider shall document any equipment inspections, testing, maintenance, and calibrations. Testing or calibration conducted by an outside service shall be documented. Such inspections, testing, and calibration shall be performed monthly. Any testing documentation shall be maintained and available for department review upon request.

(7) A provider required to carry any of the following equipment shall perform monthly inspections to ensure proper functionality:

(a) defibrillator, manual, or automatic;

(b) autovent;

(d) glucometer;

(e) flow restricted, oxygen-powered ventilation devices;

(f) suction equipment;

(g) electronic Doppler device;

(h) automatic blood pressure, pulse measuring device;

(i) pulse oximeter; and

(j) any other electronic, battery powered, or critical care device.

(8) The licensed or designated EMS provider shall perform monthly inspections to ensure proper functionality of any equipment that require consumable items, power supplies, electrical cables, pneumatic power lines, hydraulic power lines, or related connectors.

(9) Unless otherwise authorized by the state EMS medical director, a licensed or designated EMS provider shall store any medications according to the manufacturers' recommendations, including temperature control and packaging requirements.

(10) Any medication known or suspected to have been subjected to temperatures outside the recommended temperature range shall be return to the supplier for replacement.

(11) The department shall maintain and publish requirements for ground ambulances, QRVs, and other designated providers on the department's website.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

R911-5 Emergency Medical Services Training, Endorsement, Certification, and Licensing Standards

Utah Admin. Code R911-5-100 Authority

This rule is authorized by Title 53, Chapter 2d, Emergency Medical Services Act.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-105 Purpose

The purpose of this rule is to:

(1) describe requirements for training, certification, endorsements, and licensing of individuals who provide emergency medical services;

(2) provide uniform minimum standards to be met by those providing emergency medical services within the state; and

(3) establish grounds and procedures for disciplinary actions.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-110 Definitions

(1) Terms used in this rule are defined in Section 53-2d-101 and Section R911-1-200.

(2) In addition:

(a)(i) "Aggravating circumstances" means any consideration or factors that may justify an increase in the severity of an action to be imposed upon an applicant or licensee.

(ii) "Aggravating circumstances" includes the following:

(A) prior record of disciplinary action, unlawful conduct, or unprofessional conduct;

(B) dishonest or selfish motive;

(D) multiple offenses;

(E) obstruction of the disciplinary process by intentionally failing to comply with rules or orders of the bureau;

(F) submission of false evidence, false statements, or engaging in other deceptive practices, including creating, destroying, or altering records;

(G) refusal to acknowledge the wrongful nature of the misconduct involved;

(H) vulnerability of the victim;

(I) lack of good faith to make restitution or to rectify the consequences of the misconduct;

(J) illegal conduct, including the use of controlled substances; or

(K) intimidation or threats of withholding records or other detrimental consequences of any individual who reports, is a witness to or testifies regarding the unprofessional or unlawful conduct.

(b) "Board" means the EMS Personnel Peer Review Board created under Subsection 53-2d-103(1)(d).

(d) "Crisis Response Technician" or "CRT" means a person who provides "Behavioral Emergency Services" as defined in Section 53-2d-101.

(e) "Licensee" means any individual or entity who has applied or is issued any certificate, designation, permit, or license under Title 53, Chapter 2d, Emergency Medical Services Act, and Title 53, Chapter 2e, EMS Personnel Licensure Interstate Compact.

(f)(i) "Mitigating circumstances" means any consideration or factors that may justify a reduction in the severity of an action to be imposed upon an applicant or licensee.

(ii) "Mitigating circumstances" include:

(A) absence of prior record of disciplinary action, unlawful conduct or unprofessional conduct;

(B) personal, mental, or emotional problems if the problems have not posed a risk to the health, safety, or welfare of the public or clients served, such as drug or alcohol abuse while working or similar situations where the licensee or applicant should know that they should refrain from engaging in activities that may pose such a risk;

(D) full and free disclosure to the client or bureau before the discovery of any misconduct;

(E) inexperience in the practice of the profession, that is not the result of failure to obtain appropriate education or consultation that the applicant or licensee should have known they should obtain before beginning work on a particular matter;

(F) imposition of other penalties or sanctions if the other penalties and sanctions have alleviated threats to the public health, safety, and welfare; and

(G) remorse.

(iii) The following factors may not be considered as mitigating circumstances:

(A) forced or compelled restitution;

(B) withdrawal of complaint by an individual;

(D) failure of injured party to complain;

(E) complainant's recommendation as to sanction;

(F) disciplinary action taken by employer;

(G) criminal penalties imposed for the conduct;

(H) argument that a prior proceeding was conducted unfairly, contrary to law, or in violation of due process or any other procedural safeguard;

(I) argument that a prior finding or sanction was contrary to the evidence or entered without due consideration of relevant evidence;

(J) argument that a respondent was not adequately represented by counsel in a prior proceeding; or

(K) argument or evidence that former statements of a respondent made in conjunction with a plea or settlement agreement are not true.

(g) "Moral turpitude" means an act that:

(i) is done knowingly contrary to justice, honesty, or good morals;

(ii) is immoral in itself regardless of whether the act is punishable by law;

(iii) involves an element of falsification or fraud; or

(iv) involves an element of harm or injury directed to another person or another person's property.

(h) "Probation" means the individual is required to complete rehabilitative terms to maintain licensure for a maximum period of one year.

(i) "Provider" means "emergency medical service providers" as defined in Section 53-2d-101.

(j) "Respondent" means an emergency medical service personnel, licensee, provider, or endorsed individual against whom the bureau has initiated an investigation or adjudicative proceeding under Section 53-2d-603 or 53-2d-604, or this rule.

(k) "Revoke" or "revocation" means the permanent termination of a license.

(l) "Suspend" or "suspension" means the temporary removal of the license from an individual for a period.

(m) "Training Officer Manual" means the 2024 Training Officer Manual, incorporated by reference in this rule.

(n) "Unprofessional conduct" means the following:

(i) surrendering a license to any other licensing or regulatory authority having jurisdiction over the licensee or applicant in any regulated profession while an investigation or inquiry into allegations of unprofessional conduct or unlawful conduct is in progress, or after a charging document has been filed against the applicant or licensee alleging unprofessional conduct or unlawful conduct;

(ii) engaging in conduct that results in disciplinary action, including reprimand, censure, diversion, or probation;

(iii) suspension, or revocation, by any other licensing or regulatory authority having jurisdiction over the licensee or applicant in any profession, if the conduct:

(A) bears a substantial relationship to the licensee's or applicant's ability to safely and competently practice as an EMS professional; or

(B) would constitute grounds for denial of licensure or disciplinary proceedings under Title 53 Chapter 2d, Emergency Medical Procedures Act, or this rule;

(iv) engaging in cheating or otherwise dishonest conduct while taking any test or exam necessary for licensure;

(v) engaging in conduct or otherwise violating Section R911-5-210;

(vi) any conduct that renders a licensee unfit to perform as a licensee or endangers public safety; or

(vii) conduct that is a violation of standards of ethical conduct, performance, or professional competence.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-200 Licensing Standards

(1) The bureau may license individuals meeting qualifications of Title 53, Chapter 2d, Emergency Medical Services Act, and this rule as a paramedic, advanced emergency medical services technician, emergency medical services technician, emergency medical responder, crisis response technician, or advanced crisis response technician.

(2) The committee shall advise the bureau concerning training and competency standards as defined in the National Association of State EMS Officials National EMS Scope of Practice Model 2019, Report No. DOT HS 812-666. Washington, DC: National Highway Traffic Safety Administration, which is incorporated by reference.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-201 Licensure of EMRs, EMTs, AEMTs, and Paramedics

(1) A license issued by the bureau is valid for no more than two years unless it is extended by the bureau to standardize the renewal cycle.

(a) The bureau may modify license periods to standardize renewal cycles.

(b) A suspension or probation of a license does not change the expiration date.

(2) An individual seeking to become licensed shall submit to the bureau:

(a) documentation of successful completion of a bureau approved course for the respective license;

(b) a letter written and signed by a bureau endorsed EMS instructor stating that the applicant has competently and successfully performed the functions listed in the National EMS Education Standards referenced in Section R911-5-200;

(d) applicable fees;

(e) information necessary for a background clearance, including social security number, fingerprints, and other information required by Section 53-2d-410;

(f) a certificate of completion of a bureau approved cardiopulmonary resuscitation course dated no more than two years before the date of application;

(g) a favorable written recommendation from the course coordinator and course medical director stating technical competence during field and clinical training and successful completion of training requirements for licensure no more than two years before the date of application; and

(h) documentation of successful completion of a bureau approved written examination or re-examination no more than two years after the date the course under Subsection R911-5-201(2)(d)(iv) was completed.

(3) An applicant shall satisfy the following age requirements for licensure:

(a) 16 years of age or older for an EMR license; and

(b) 18 years of age or older for an EMT, AEMT, and paramedic license.

(4) An individual enrolling in an AEMT or paramedic course shall maintain a current Utah EMT license or higher, until a new license level is granted.

(5) The course coordinator and course medical director shall submit written verification of the successful candidates to the bureau for review upon successful completion of a bureau approved course for a license.

(6) The bureau may extend a license recommendation and verification time limit for an individual who has unusual circumstances or hardships.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-202 Paramedic Graduates Not Recommended for Licensure

An individual who successfully completed a paramedic course, but is not recommended for licensure, may request licensure as an AEMT if:

(1) the paramedic course coordinator submits to the bureau a favorable letter of recommendation stating that the individual has successfully obtained the knowledge and skills of the AEMT level as required by this rule; and

(2) the individual successfully completes the application and testing requirements for an AEMT license.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-203 Wavier of EMT Course Requirements

(1) The bureau may license an individual as an EMT or AEMT, if the individual:

(a) provides documentation showing the individual:

(i) is currently licensed in the state and in good standing as a registered nurse, a nurse practitioner, a physician assistant, or a physician; or

(ii) is able to provide documentation showing completion of military training consistent with National EMS education standards;

(b) demonstrates knowledge, proficiency, and competency to perform the functions listed in the National EMS education standards as described in Subsection R911-5-200(2), as verified through a letter written and signed by a certified course coordinator and an off-line medical director; and

(i) medical control protocols;

(ii) state and local protocols; and

(iii) the role and responsibilities of an EMT or AEMT, respectively.

(2) In addition to the requirements outlined in Subsection R911-5-204(1), an individual seeking licensure through the waiver process shall comply with the requirements for licensure of an EMT or AEMT in Subsection R911-5-201(2).

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-204 License Renewal Requirements for EMRs, EMTs, AEMTs, and Paramedics

(1) An individual seeking license renewal for an EMR, EMT, AEMT, or paramedic license shall, no earlier than six months, but at least 30 days before the individual's current license expires, submit to the bureau:

(a) a completed Utah EMS renewal application;

(b) applicable fees;

(c) information necessary for a background clearance, including social security number, fingerprints, and other information required by Section 53-2d-410;

(d) a current National Registry of Emergency Medical Technicians certification for their current license;

(e) documentation of completion of a bureau approved cardiopulmonary resuscitation course completed no more than two years before the date of application;

(f) documentation of completion of a pediatric course approved by the bureau completed no more than two years before the date of application, for an AEMT or paramedic licensed individual; and

(g) documentation of successful completion of Advanced Care Life Support or equivalent training, for a paramedic licensed individual.

(2) The licensee shall maintain cardiopulmonary resuscitation certification during the licensure period.

(3) An individual shall complete, no more than two years before the date of application, the required continuing medical education hours as outlined in EMS Recertification Guide (2024), published by the National Registry of Emergency Medical Technicians, and incorporated by reference in this rule.

(4) The bureau may not extend an individual's license period longer than two years.

(5) Notwithstanding the time limits in Section R911-5-205, an individual who is a member of the National Guard or Reserve component of the Armed Forces and is on active duty when the license expires shall have the same number of days the individual was on orders, not to exceed 90 days, to comply with renewal requirements after discharge.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-205 Reciprocity for EMRs, EMTs, AEMTs, and Paramedics

(1) The bureau may license an individual as an EMR, EMT, AEMT, or paramedic who is licensed or certified by another state or certifying body if the applicant provides documentation that the applicant's out-of-state training and experience requirements are equivalent to or greater than Utah's requirements.

(2) An individual seeking reciprocity for licensure in the state based on out-of-state training and experience shall submit to the bureau:

(a) the applicable fees and a completed reciprocity application;

(b) information necessary for a background clearance, including social security number, fingerprints, and other information required by Section 53-2d-410;

(c) documentation of having completed a cardiopulmonary resuscitation course, no more than two years before the date of application, that is consistent with a bureau approved course; and

(d) a current certification from the National Registry of Emergency Medical Technician for the current license level.

(3) A paramedic candidate shall also submit documentation of successful completion of Advanced Care Life Support or equivalent.

(4) AEMT and paramedic licensed personnel shall submit documentation of completion of a pediatric course approved by the bureau, completed no more than two years before the date of application.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-300 CRT Licensure

(1) An applicant seeking CRT licensure shall:

(a) have completed a bureau approved CRT course;

(b) be at least 21 years old;

(i) held another license under this rule; or

(ii) been a certified law enforcement officer;

(d) submit to the bureau:

(i) a completed CRT license application;

(ii) applicable fees;

(iii) documentation showing a current Utah license as a mental health professional; and

(iv) information necessary for a background clearance, including social security number, fingerprints, and other information required by Section 53-2d-410.

(2) The bureau may grant credit for minimum licensure if:

(a) the applicant submits documentation showing equivalent experience; and

(b) the bureau, in its sole discretion, finds the experience sufficient for licensure.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-301 Wavier of CRT Course

(1) An individual who has not completed a bureau approved CRT course may request waiver of the bureau approved CRT course by submitting documentation showing:

(a) current licensure as a mental health professional in the state in good standing or military mental health training;

(b) knowledge, proficiency, and competency to perform the functions as verified through a letter written and signed by a county mental health authority or designee;

(i) crisis response protocols;

(ii) state and local protocols; and

(iii) the role and responsibilities of a CRT; and

(d) completion of a bureau approved cardiopulmonary resuscitation course completed no more than two years before the date of application.

(2) An individual who is granted a course completion waiver must comply with Subsections R911-5-300 (1)(c) through (d) to be eligible for licensure.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-302 License Renewal Requirements for CRTs

(1)(a) An individual applying to renew a CRT license must be in good standing with the local mental health authority.

(b) The local mental health authority or designee may revoke a CRT's license upon written request to the bureau.

(2) An individual applying for a renewal license shall complete at least 8 hours of bureau approved continuous education every two years.

(3) An individual must complete and submit the required renewal materials to the bureau, no sooner than one year but no less than 30 days before the individual's current license expiration date.

(a) Renewal materials submitted less than 30 days before license expiration may result in license expiration; and

(b) the bureau shall process renewal applications in the order received.

(4) The bureau may modify a CRT's license period to standardize renewal cycles.

(5) The bureau may not extend an individual's license period longer than two years.

(6) Notwithstanding the time limits in Section R911-5-302, an individual who is a member of the National Guard or Reserve component of the Armed Forces and is on active duty when the license expires shall have the same number of days the individual was on orders, not to exceed 90 days, to comply with renewal requirements after discharge.

(7) An individual whose license for CRT has been expired for more than one year shall submit to the bureau:

(a) a letter of recommendation including results of an oral examination, from a county mental health director or designee, verifying proficiency in behavioral health care skills at the licensure level;

(b) documentation that shows successful completion of the bureau's approved written examination for CRT licensure;

(d) applicable late and renewal fees.

(8) A CRT license is valid for two years from the issuance date.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-303 Reciprocity for CRTs

(1) The bureau may license an individual as a CRT who is licensed or certified by another state or certifying body if the applicant demonstrates the applicant's out-of-state training and experience requirements are equivalent to or greater than what is required in Utah.

(2) An individual seeking reciprocity for CRT licensure in the state based on out-of-state training and experience shall submit to the bureau:

(a) applicable fees;

(b) a completed CRT application;

(c) information necessary for a background clearance, including social security number, fingerprints, and other information required by Section 53-2d-410;

(d) documentation of having completed a CPR course, no more than two years before the date of application, that is consistent with the Highlights of the 2020 American Heart Association Guidelines for CPR and ECC, incorporated by reference in this rule; and

(e) a current CRT certification or license from another state and the name of the training institution.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-400 Certifications and Accounts With National Registry of Emergency Medical Technician Certification

(1) An individual licensed as an EMR, EMT, AEMT, or paramedic shall maintain a certification and account with the National Registry of Emergency Medical Technicians.

(2) The bureau may suspend or revoke the license of an individual whose certification or account with the National Registry of Emergency Medical Technicians has expired.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-500 Emergency Medical Care During Clinical Training

A student enrolled in a bureau approved training program may, under the direct supervision of the course coordinator, an instructor in the course, or a preceptor for the course, perform activities delineated within the training curriculum that otherwise require licensure to perform.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-600 EMS Instructor Requirements

(1) The bureau may endorse an individual as an EMS instructor who:

(a) meets the initial licensure requirements in Section R911-5-601;

(b) is currently licensed in the state as an EMR, EMT, AEMT, or paramedic;

(d) has a minimum of one year experience working as a licensed provider with a licensed or designated agency or an emergency health care facility.

(2) The bureau adopts the 2002 National Guidelines For Educating EMS Instructors, which is incorporated by reference in this rule.

(3) An EMS instructor may only teach up to the license level for which the instructor is licensed.

(4) An EMS instructor shall comply with the teaching standards and procedures in the 2024 Course Coordinator Manual, which is incorporated by reference in this rule.

(5) An EMS instructor shall maintain the EMS license for the level the instructor is endorsed to teach. If an individual's EMS license lapses, the instructor endorsement shall become invalid until the EMS license is renewed.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-601 EMS Instructor Endorsement

(1) The bureau may endorse an individual who is a licensed EMR, EMT, AEMT, or paramedic as an EMS instructor for a two-year period.

(2) An individual who wishes to become endorsed as an EMS instructor shall submit to the bureau:

(a) a completed application;

(b) applicable fees;

(c) a letter of recommendation regarding EMS skills and teaching abilities from a licensed or designated agency, which must be on the organization's letterhead and signed;

(d) documentation of 15 hours of teaching experience in EMS or other related medical discipline, such as first aid or CPR;

(e) documentation showing successful completion of the bureau sponsored initial EMS instructor training course;

(f) a completed and signed instructor contract with the bureau, agreeing to abide by the standards and procedures in the Course Coordinator Manual; and

(g) documentation of a minimum of 25 patient contacts with a licensed or designated agency or an emergency health care facility no more than one year before the date of application, which must be on the designated agency or emergency health care facility's letterhead and signed.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-602 EMS Instructor Endorsement Renewal

An EMS instructor who seeks to renew an endorsement as an instructor shall submit to the bureau:

(1) documentation showing current EMS licensure;

(2) documentation showing attendance at a bureau approved instructor seminar at least once during the two year endorsement renewal cycle;

(3) a completed EMS instructor endorsement application; and

(4) applicable fees.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-603 EMS Instructor Lapsed Endorsement

(1) An individual whose instructor endorsement has been expired less than one year may become endorsed by completing the endorsement renewal requirements and paying the applicable fees. The individual's new expiration date will be two years from the old expiration date.

(2) An EMS instructor whose instructor endorsement has been expired for more than one year may not renew the endorsement, and shall complete any initial instructor endorsement requirements and reapply as if there were no prior endorsement.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-604 Training Officer Endorsement

(1) The bureau may endorse a licensed individual who is an endorsed EMS instructor as a training officer for a two- year period.

(2) An individual who wishes to become endorsed as an EMS training officer shall submit to the bureau:

(a) documentation showing competition of a minimum of 30 hours of EMS instruction within the past year;

(b) documentation showing a current EMS instructor endorsement;

(d) a completed training officer endorsement application;

(e) applicable fees; and

(f) a completed and signed training officer contract agreeing to abide by the standards and procedures in the Training Officer Manual.

(3) A training officer shall maintain an EMS instructor endorsement.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-605 Training Officer Endorsement Renewal

(1) A training officer who seeks to renew an endorsement as a training officer shall submit to the bureau:

(a) documentation showing attendance at a training officer seminar no more than one year before the date of application;

(b) documentation showing a current EMS instructor endorsement and EMS license;

(d) applicable fees; and

(2) a completed and signed new training officer contract agreeing to abide by the standards and procedures in the current 2024 Training Officer Manual.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-606 Training Officer Lapsed Endorsement

(1) An individual whose training officer endorsement has been expired less than one year may become endorsed by completing the endorsement renewal requirements and paying applicable fees. The individual's new expiration date will be two years from the old expiration date.

(2) An individual whose training officer endorsement has been expired more than one year may not renew the endorsement, and shall complete each initial training officer endorsement requirement and reapply as if there were no prior endorsement.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-700 Course Coordinator Endorsement

(1) The bureau may endorse an individual as an EMS course coordinator for a two-year period.

(2) An individual who seeks to become endorsed as a course coordinator shall submit to the bureau:

(a) documentation showing completion of a minimum of 30 hours of EMS instruction no more than one year before the date of application;

(b) documentation showing current EMS instructor endorsement;

(c) documentation showing the applicant was a co-coordinator of record for one bureau approved course with an endorsed course coordinator;

(d) a written evaluation and recommendation from the course coordinator in which the applicant co-coordinated a course;

(e) documentation showing completion of the bureau's course for new course coordinators within one year before the date of the application;

(f) a completed course coordinator endorsement application;

(g) applicable fees;

(h) documentation showing completion of the bureau's course for new course coordinators;

(i) a completed and signed course coordinator contract agreeing to abide to the standards and procedures in the Course Coordinator Manual; and

(j) documentation showing EMS instructor endorsement.

(3) A course coordinator may only coordinate courses up to the licensure level for which the course coordinator is licensed.

(4) If an individual's EMS license or EMS instructor endorsement lapses, the course coordinator endorsement shall become invalid until EMS license or EMS instructor endorsement is renewed.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-701 Course Coordinator Endorsement Renewal

A course coordinator who seeks to renew an endorsement as a course coordinator shall submit to the bureau:

(1) documentation showing a current EMS instructor endorsement;

(2) documentation showing a current EMR, EMT, AEMT, or paramedic license;

(3) documentation showing coordinating or co-coordinating at least one bureau approved course at least two years before the date of the application;

(4) documentation showing attendance at a course coordinator seminar at least one year before to the date of application;

(5) a completed course endorsement renewal application;

(6) applicable fees; and

(7) a signed course coordinator contract agreeing to abide by the policies and procedures in the Course Coordinator Manual.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-702 Course Coordinator Lapsed Endorsement

(1) An individual whose course coordinator endorsement has been expired less than one year may become endorsed by completing the renewal requirements. The individual's new expiration date will be two years from the old expiration date.

(2)(a) An individual whose course coordinator endorsement has been expired for more than one year may not renew the endorsement, and shall complete each initial course coordinator endorsement requirement and reapply as if there were no prior endorsement.

(b) The bureau may waive the co-coordinator requirement if the candidate provides written verification they coordinated or co-coordinated a course within the past two years.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-800 Critical Care Paramedic Endorsement

(1) The bureau may endorse an individual as a critical care paramedic for up to a four-year period.

(2) An individual who seeks to become endorsed as a critical care paramedic shall submit to the bureau:

(a) documentation showing the applicant is a licensed paramedic in the state;

(b) documentation the applicant is certified by the International Board of Specialty Certification as a:

(i) certified critical care paramedic (CCP-C); or

(ii) certified flight paramedic (FP-C);

(d) applicable fees.

(3) An applicant's education may not be used in place of a valid and current International Board of Specialty Certification critical care or flight paramedic certification to maintain the critical care endorsement.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-801 Critical Care Paramedic Endorsement Renewal

A critical care paramedic who wishes to renew the critical care paramedic endorsement shall submit to the bureau:

(1) documentation showing the applicant is licensed as a paramedic in the state;

(2) a completed critical care paramedic endorsement application;

(3) applicable fees; and

(4) proof of certification from the International Board of Specialty Certification.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-900 Course Approvals

(1) A course coordinator offering EMS training to individuals who seeks to become licensed as an EMR, EMT, AEMT, or paramedic shall obtain bureau approval before initiating an EMS training course.

(2) The bureau may approve a course if:

(a) the applicant submits the course application and fees no earlier than 90 days and no later than 30 days before commencing the course;

(b) the applicant shows proof that it has sufficient equipment and supplies available for the training;

(d) the course coordinators and instructors hold current respective course coordinator and EMS instructor endorsements; and

(e) the bureau has the capacity to offer the applicable examinations in a timely manner after the conclusion of the course.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-1000 Paramedic Training Institutions Standards Compliance

A person who seeks to become authorized to provide paramedic training must adhere to the:

(1) Course Coordinator Manual; and

(2) January 1, 2024 Standards and Guidelines for the Accreditation of Educational Programs in the Emergency Medical Services Professions, incorporated by reference in this rule.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-1100 Off-line Medical Director Certification

(1) The bureau may certify an off-line medical director for a two-year period.

(2) To become certified as an off-line medical director, the applicant shall be:

(a) a physician actively engaged in providing emergency medical care or meets this requirement at the discretion of the state EMS medical director;

(b) familiar with Title 53, Chapter 2b, Emergency Medical Services Act, and applicable EMS administrative rules under Title R911; and

(3) An individual who seeks to certify as an off-line medical director shall submit to the bureau:

(a) documentation showing completion of an American College of Emergency Physicians or National Association of Emergency Medical Services Physicians medical director training course, or the department's medical director training course, within 12 months of becoming a medical director;

(b) a medical director certification application; and

(4) An individual who seeks to recertify as an off-line medical director shall submit to the bureau:

(a) documentation showing attendance at the medical director's annual workshop no more than two years before the date of application;

(b) a complete off-line medical director application; and

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-1200 Background Screening and Clearance for Licensure

(1) The bureau shall conduct a background screening on an individual seeking licensure.

(2) Background clearance for licensure eligibility shall indicate the individual does not pose an unacceptable risk to public health and safety.

(3) The individual seeking a license, renewal, permit, or endorsement under this rule shall submit any completed applications and fees to the bureau, before submitting fingerprints to the bureau.

(4) If the bureau determines an individual is not eligible for licensure based upon the criminal background screening the individual may:

(a) request a hearing before the bureau director or the bureau director's designee; and

(b) obtain and submit a criminal history obtained from the Bureau of Criminal Identification to the bureau.

(i) If the criminal event did not occur in the state the individual may submit a criminal history called an identity history summary obtained from the FBI to the bureau.

(ii) Any dispute about information contained in the criminal history may be challenged to the appropriate agency. The bureau may not correct or ignore an entry on a criminal history.

(iii) The individual may obtain and submit any court dockets to the bureau.

(c) Any proceeding denying a license, permit, certification, or endorsement is designated as an informal adjudicative proceeding under Section 63G-4-202.

(d) Any adjudicative proceeding or hearing before the bureau shall be in accordance with Section 63G-4-203.

(5) If the bureau determines an individual is not eligible for licensure based upon the noncriminal background screening and the individual disagrees with the information provided, the individual may challenge the information through the appropriate agency.

(6) The bureau may deny an application for license, permit, or endorsement if the individual has been convicted, is subject to a plea in abeyance or a diversion agreement, is or has been on probation or parole, or has pending charges for any of the following:

(a) a felony or crime for which the applicant could have been punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this or another state;

(b) an act of personal violence or force on any person or convicted of threatening to commit an act of personal violence or force against another person;

(d) an act involving moral turpitude;

(e) an act involving illegally using, carrying, possessing a dangerous weapon;

(f) an act involving the use, possession, or distribution of controlled substances;

(g) an offense which requires the individual to register as a sex or kidnap offender under Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry;

(h) a criminal conviction or pattern of acts that may represent an unacceptable risk to public health and safety;

(i) a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; or

(j) a violation of Title 32B, Chapter 4, Criminal Offenses and Procedure Act.

(7) The bureau may deny an application for license, renewal, permit, or endorsement for any conviction, admission of guilt, plea in abeyance, withheld judgment, diversion or similar procedural posture to any violations of statutes or ordinances previously in effect in this state or in effect in any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of Subsection R911-5-1300(6).

(8) The bureau may consider the facts of the convicted offense, any other criminal activity, the continued risk to patients, and the relative need of the community and ability to supervise the licensee when determining eligibility for licensure.

(9) The bureau may deny licensure if an adjudication by a juvenile court refers to an act that, if committed by an adult, would be a felony or a misdemeanor of the identified offenses in Subsection 53-2d-410(5)(b).

(10) The bureau may deny licensure based on a supported finding from:

(a) the Department of Health and Human Services' Division of Child and Family Services Licensing Information System described in Section 80-2-1001;

(b) child abuse or neglect findings described in Section 78A-6-3a; or

(c) the Department of Health and Human Services' Division of Aging and Adult Services vulnerable adult abuse, neglect, or exploitation database described in Section 26B-6-210.

(11) The bureau may deny licensure based on a finding from licensing records of individuals licensed by the Division of Professional Licensing under Title 58, Occupations and Professions.

(12) The bureau shall rely on relevant information identified in Subsection R911-5-1300(1) as conclusive evidence and may deny licensure based on that information.

(13) A licensee who has been arrested, charged, or convicted for a violation described in Subsection R911-5-1300(6) or (7) shall notify the bureau and each employer or affiliated entity who utilizes the EMS personnel's license immediately.

(14) A licensed or designated EMS provider who is notified or becomes aware of a licensed EMS personnel's arrest, charge, or conviction shall notify the bureau immediately.

(15) Background screening referrals may be submitted to the bureau for review and investigation.

(16) The bureau may require the licensee to provide proper or additional criminal background documentation.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-1201 Professional Conduct and Code of Ethics

(1) Licensees shall adhere to the code of ethics from the EMT Student Handbook, October 2024 version, which is incorporated by reference.

(2) Licensees may be investigated for any conduct in violation of the EMT Student Handbook.

(3) Any EMS personnel who is found to have violated this section may be subject to license suspension or revocation.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-1202 Review and Investigation of Complaints and Referrals

(1) The bureau shall initiate an investigation when it receives credible information that a licensee or provider has:

(a) been arrested or engaged in conduct in violation of Subsection R911-5-1300(6);

(b) engaged in conduct in violation of Title 53, Chapter 2d, Emergency Medical Services Act;

(d) failed to report within seven business days by an individual or any affiliated provider pursuant to Subsections R911-5-1300(13) and R911-5-1300(14);

(e) failed to comply with the training, licensing, or relicensing requirements for the license;

(f) failed to comply with the EMS curriculum, training standards, or the bureau's agreement as an EMS educator, EMS instructor, a training officer, or a course coordinator;

(g) engaged in conduct that may endanger public health, safety, erode public trust, or compromise professional integrity;

(h) engaged in a relationship that creates a conflict of interest, compromises the integrity of the educational environment or EMS profession, or in which the respondent holds an evaluative or supervisory role;

(i) engaged in any form of harassment, bullying, or retaliatory behavior;

(j) engaged in fraud or deceit in applying for, obtaining, or renewing a license;

(k) engaged in fraud, deceit, lack of professional competency, patient abuse, or theft in the performance of duties;

(l) provided false or misleading information or failure to disclose criminal background information during an investigation or a board proceeding;

(m) engaged in unauthorized administration, use, or removal of narcotics, medications, supplies, or equipment;

(n) aided, encouraged, or performed procedures or skills beyond the level of an individual's EMS licensure or provider's licensure;

(o) been found to be mentally incompetent as determined by a court of competent jurisdiction;

(p) demonstrated inability and failure to perform adequate patient care;

(q) been determined to be unable to act with reasonable skill and safety because of illness, or as a result of any other mental or physical condition, when the individual's condition demonstrates a clear and unjustifiable threat or potential threat to oneself, coworkers, or the public health, safety, or welfare that cannot be reasonably mitigated;

(r) misrepresentation the individual's level of licensure;

(s) failed to display a clearly identifiable level of EMS licensure upon demand;

(t) engaged in unsafe, unnecessary, or improper operation of an emergency vehicle that would likely cause concern or create a danger to the general public; or

(u) engaged in improper or unnecessary use of emergency equipment.

(2) A person seeking to file a complaint against a respondent may be asked to sign a written statement detailing the incident, and swearing to the accuracy of the statement, after being advised that providing a false statement may result in prosecution.

(3) The bureau may conduct interviews, gather evidence, which may include requiring the respondent to submit to a drug or alcohol screening or any other appropriate evaluation. The bureau shall allow the respondent an opportunity to provide supporting witnesses and evidence.

(4)(a) If a respondent under investigation is employed as an EMS personnel or provider, the bureau shall notify the respondent's employer and entities with whom the respondent is affiliated in connection with their EMS licensure concerning the complaint or investigation, unless the nature of the complaint would make such a course of action impractical.

(b) If the bureau determines an individual's license should be restricted at any time during the investigation:

(i) the bureau shall notify both the individual and each licensed, designated agency, or employer the individual is affiliated with; and

(ii) the bureau has sole discretion in determining what information may be disclosed to the individual, and each employer or agency, based on:

(A) the nature of the investigation; and

(B) if disclosure will interfere with the investigation or result in retaliation against any witness.

(c) The bureau, employer, and individual shall confer and determine reasonable terms and conditions restricting the individual's duties under their license pending final outcome of the complaint or investigation.

(i) If terms and conditions of restriction are agreed upon between the parties, the individual and each employer or agency shall be provided a written agreement of restrictions;

(ii) the agreement shall include terms and conditions to be followed until the resolution of any criminal charge or the final outcome of an investigation; and

(iii) if the individual violates the terms and conditions, the individual's license shall be immediately suspended by the bureau.

(d) If the individual is not employed or affiliated with an agency, or if terms and conditions are not agreed upon, the bureau has sole discretion to restrict the individuals license as necessary to protect the public's interest.

(5) Once the investigation is concluded, the bureau shall determine whether there is sufficient evidence to proceed with an adjudicative proceeding.

(6) The bureau may immediately suspend a respondent's license, certification, or endorsement as provided in Section 63G-4-502 if the bureau identifies any of the following:

(a) the respondent demonstrates a threat to themselves or to a coworker;

(b) the respondent demonstrates a threat to the public health; or

(7) If the bureau determines there is insufficient evidence to find that a respondent engaged in conduct in violation of this rule or Title 53, Chapter 2d, Emergency Medical Services Act, the bureau shall issue a letter to the respondent indicating that the investigation has been concluded and that the bureau is taking no action.

(8)(a) If the bureau determines there is sufficient evidence to find that a respondent engaged in conduct in violation of this rule or Title 53, Chapter 2d, Emergency Medical Services Act, the bureau shall issue a written notice of agency action to the respondent in accordance with Section 63G-4-201.

(b) The notice shall include:

(i) the bureau's recommended discipline; and

(ii) notice of the next scheduled board meeting.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-1300 EMS Personnel Peer Review Board

(1) The board shall be composed of the following ten members appointed by the commissioner of the Department of Public Safety:

(a) one EMS administrative officer representing a licensed ambulance provider, a licensed paramedic provider, or a designated quick response unit provider from a county of the first or second class;

(b) one EMS administrative officer representing a licensed ambulance provider, a licensed paramedic provider, or a designated quick response unit provider from a county of the third through sixth class;

(d) one physician certified and practicing as an EMS medical director;

(e) two representatives from professional employee groups, one fire based, and one non-fire based;

(f) one endorsed EMS training officer;

(g) one non-supervisory licensed EMTs;

(h) one non-supervisory licensed AEMTs; and

(i) one non-supervisory licensed paramedic.

(2) The board shall have an equitable mix of urban and rural members.

(3) The board member's terms of office shall comply with the following criteria:

(a) except as provided in Subsection R911-5-1400(3)(b), members shall be appointed for a four-year term;

(b) the bureau shall adjust the length of terms to ensure the terms of members of the board are staggered so about one- fourth of the board is appointed every year;

(d) when a vacancy occurs in the membership of the board for any reason, the commissioner shall appoint the replacement for the balance of the unexpired term;

(e) the board shall organize and select one of its members as chair and one of its members as vice chair to serve no more than two years in each position; and

(f) if a board member becomes ineligible for the board membership position through promotion, an increase in level of licensure, or transfer out of the employment position that qualified them for the appointment, they shall be removed from the board.

(4) The board meeting shall take place quarterly.

(a) Regular meetings shall be noticed and posted to employers and posted in accordance with the Utah Open and Public Meetings Act, Section 52-4-202.

(b) Failure to attend two or more consecutive meetings by any member may be grounds for removal of that member and replacement in accordance with Subsection R911-5-1400(3)(d).

(c) A member may not receive compensation or benefits from the bureau for the member's service. The member may receive per diem and travel expenses in accordance with the department's rules and policies.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-1301 Hearing Before the EMS Personnel Peer Review Board

(1) The bureau shall notify the respondent of the date, time, and location of the next board meeting.

(2)(a) Any proceeding to suspend, revoke, or place on probation, a license, permit, certification, or endorsement is designated as an informal adjudicative proceeding under Section 63G-4-202.

(b) Any adjudicative proceeding or hearing before the board shall be in accordance with Section 63G-4-203.

(i) Upon request, the respondent may obtain a copy of the materials contained in the bureau's investigative file that the bureau intends to use in the hearing.

(ii) The disclosure of any discovery materials is subject to Title 63G, Chapter 2, Government Records Access and Management.

(3) The board shall review the bureau's investigative findings and recommendations.

(4) The hearing shall be conducted according to Section 63G-4-203.

(5)(a) The board may take disciplinary action if the board finds the respondent engages in, or is convicted of, conduct in violation of this rule or conduct constituting a state or federal criminal offense.

(b) The board may consider aggravating or mitigating circumstances when determining a disciplinary sanction.

(c) If the board determines there is insufficient evidence to find that the respondent engaged in conduct in violation of Subsection (5)(a), the matter shall be dismissed.

(6) The board shall provide a written order stating:

(a) the decision;

(b) the reasons for the decision; and

(7) The board may take any of the following actions:

(a) accept the bureau's recommendation; or

(b) enter their own discipline including:

(i) a letter of caution;

(ii) probation of the respondent's license with specific terms and conditions;

(iii) suspension of the respondent's license for a defined period;

(iv) permanent revocation of the licensed respondent's license; or

(v) a combination of any of these actions.

(8) Action taken for a violation of Subsection R911-5-1302(1)(f) shall only be against the individual's endorsement to instruct, and may not affect their base EMS license.

(9) After the board has decided the matter, the board chairperson shall issue a final order within 30 days of the board meeting and send a copy of the board's findings to the director.

(10) If the respondent fails to participate in the proceeding before the board, an order of default may be entered, and the board may impose the recommended discipline.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-1302 Reconsideration

(1) A respondent may file a written request for reconsideration of the board's final order within 20 days after receiving the board's final order in accordance with Section 63G-4-302.

(2) If the bureau does not issue an amended order within 20 days after receiving the request for reconsideration, the request for reconsideration shall be considered denied.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-5-1303 Judicial Review

A respondent may obtain judicial review of the agency's final order by filing a petition for judicial review with the district court within 30 days after the date that the final order is issued in accordance with Section 63G-4-402.

History

KEY: emergency medical services
Date of Last Change: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

R911-6 Emergency Medical Services Per Capita Grants, Competitive Grants Program, and Critical Needs Account

Utah Admin. Code R911-6-1 Authority

This rule is authorized by Section 53-2d-103.

History

KEY: emergency medical services
Date of Last Change: November 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103

Utah Admin. Code R911-6-2 Purpose

This rule establishes the criteria and procedures for the allocation and distribution of funds from the Emergency Medical Services Per Capita Grant Funds Account, Competitive Grant Funds Program, and the Critical Needs Account and adopts criteria and procedures for awarding and funding such grants.

History

KEY: emergency medical services
Date of Last Change: November 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103

Utah Admin. Code R911-6-3 Definitions

(1) Terms used in this rule are defined in Section 53-2d-101 and Section R911-1-200.

(2) In addition:

(a) "eligible entity" means a licensed EMS provider, local government, or other entity that provides EMS services and meets the criteria established in this rule; and

(b) "critical need" means a demonstrable deficiency in an EMS system or its capacity that directly and significantly jeopardizes the timely and effective delivery of essential pre-hospital emergency medical care, thereby posing a substantial risk to the health and safety of the population served.

History

KEY: emergency medical services
Date of Last Change: November 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103

Utah Admin. Code R911-6-4 Per Capita Grants and Competitive Grants Eligibility

(1) Per capita and competitive grant funds are available to a licensed ground ambulance provider, a licensed paramedic non-transport provider, a designated quick response provider, or a designated emergency medical service dispatch center that is:

(a) a licensed or designated EMS provider owned by political subdivisions of local or state government;

(b) an incorporated non-profit entity; or

(2) A licensed or designated for-profit EMS provider shall be the primary provider for a geographical service area if service provided is at a higher level than the public or non-profit provider in the same geographical service area, based on the following order:

(a) paramedic;

(b) emergency medical technician intermediate advanced;

(d) emergency medical technician;

(e) emergency medical responder; or

(f) emergency medical dispatcher.

(7) A licensed ground ambulance provider who is only licensed to provide inter-facility transport in a geographical service area, or a licensed paramedical tactical provider are not eligible for per capita grant funds or competitive grant funds.

(8) EMS per capita grants and competitive grants are available for use specifically related to emergency medical services and staff education. Grant funds may not be used for rescue equipment or fire equipment not directly used for patient medical care.

(9) A per capita grant recipient or a competitive grant recipient shall comply with Title 53, Chapter 2d, Emergency Medical Services Act, and Rules R911-2 through R911-9 before receiving grant funds.

(10) A per capita grant recipient or competitive grant recipient may not be more than six months overdue in owed payments to the bureau.

(11) A licensed ground ambulance provider that exceeds 10% profitability in the previous three fiscal reporting periods is not eligible for EMS Grant funds.

History

KEY: emergency medical services
Date of Last Change: November 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103

Utah Admin. Code R911-6-5 Per Capita Grants and Competitive Grants Implementation

(1) A grant award shall be implemented through a contract between the bureau and a grant recipient.

(2) The committee shall establish annual grant program guidelines. The bureau shall use the current annual grant program guidelines to award grand funds paid to recipients.

(3) The bureau may reject a grant application that does not adhere to current annual grant program guidelines.

(4) Grant funds may be used during the terms indicated in an award contract.

(5) Grant funds shall be paid in accordance with the terms established in the contract with each grant recipient.

(6) Grant funds do not require matching recipient funds.

(7) A per capita grant award shall be no less than $500.

History

KEY: emergency medical services
Date of Last Change: November 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103

Utah Admin. Code R911-6-6 Per Capita Application and Award Formula

(1) A per capita grant applicant shall attest to the accuracy of their licensed or designated EMS provider's personnel roster by December 31 of each year before receiving a grant award.

(2)(a) A licensed or certified EMS individual who works for both a public and a for-profit agency may be credited only to the public or non-profit licensed or designated EMS provider.

(b) A licensed EMS individual who is employed by two or more licensed or designated EMS providers may be included on a percentage basis for a grant award calculation.

(c) If a certified EMD is also an EMT, EMT-I, AEMT, EMT-IA, or paramedic, the certified EMD may be credited to one licensed or designated EMS provider as a certified EMD, and to a licensed or designated EMS provider as an EMT, EMT-I, AEMT, EMT-IA, or paramedic.

(3) The bureau shall allocate grant funds based on the total number of each eligible licensed or designated EMS provider multiplied by the current county classification using the following point totals for licensed or certified personnel:

(a) certified EMDs = 1;

(b) licensed EMRs = 1;

(d) licensed Advanced EMTs = 3;

(e) licensed Intermediate Advanced EMTs = 3; and

(f) licensed Paramedics = 4.

(4) The number of certified or licensed personnel is based upon the personnel rosters of each licensed EMS provider, designated EMS dispatch agency, and designated EMS quick response provider as of December 31 of the preceding fiscal year.

History

KEY: emergency medical services
Date of Last Change: November 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103

Utah Admin. Code R911-6-7 Competitive Grant Process

(1) Competitive EMS grants are available to a licensed EMS provider in a county between the third and sixth class.

(2) Grant funds shall be allocated and approved by the committee.

(3)(a) A standardized application with questions shall be used to determine grant award prioritization and assess comparative need for a licensed EMS provider.

(b) The Rural EMS Directors' Association of Utah may provide content for application questions and recommend priorities for grant awards;

(c) The grant's subcommittee may review suggested competitive grant awards and make recommendations to the committee for final approval.

History

KEY: emergency medical services
Date of Last Change: November 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103

Utah Admin. Code R911-6-8 Emergency Grant Awards

(1) An eligible EMS provider may apply for an emergency grant by:

(a) submitting an emergency grant application, following the same format as annual grant applications; and

(b) submitting the emergency grant application to the bureau at least 30 days before the committee meeting at which the grant application will be reviewed.

(2) The grant's subcommittee may recommend interim or emergency grants to a qualified licensed or designated EMS provider based on the following:

(a) grant funds are available;

(b) the applicant clearly demonstrates need;

(d) delay of funding to the next scheduled grant cycle would impair the licensed or designated EMS provider's ability to provide care.

(3) The grant's subcommittee shall review the emergency grant application and forward recommendations to the committee.

(4) The committee shall review and comment on the grant's subcommittee recommendations and forward the comments and recommendations to the bureau.

History

KEY: emergency medical services
Date of Last Change: November 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103

Utah Admin. Code R911-6-9 Critical Needs Grant Eligibility

(1) Sections R911-6-4 through R911-6-8 do not apply to this Section R911-6-9.

(2) An EMS provider may apply for a critical needs grant by providing clear, quantifiable data and compelling evidence that substantiates the identified deficiency and its direct impact on the EMS system's ability to effectively serve the community.

(3) In determining eligibility for a critical needs grant, the grant subcommittee shall evaluate, weigh, and rank applications based on the following criteria:

(a) the critical need of the applicant to improve, establish or maintain its EMS capabilities;

(b) demonstrated financial need of the applicant;

(c) potential impact on the ability or inability of the applicant to provide or continue to provide emergency medical services;

(d) the applicant's alignment with statewide EMS priorities;

(e) the availability of matching funds or other funding sources;

(f) circumstances or conditions outside of the applicant's control;

(g) previous awards granted to the applicant; and

(h) the critical nature of the applicant's request and how it aligns with the definition of a "critical need".

(4) An eligible EMS provider may apply for a critical needs grant to support EMS services, including:

(a) purchasing, upgrading, or replacing essential EMS equipment;

(b) providing EMS training and certification programs;

(d) supporting EMS personnel recruitment and retention initiatives; or

(e) providing short-term financial support of personnel.

(4)(a) The grant subcommittee may make award recommendations to the bureau quarterly if any grant applicants meet the critical needs threshold.

(b) No recommendation shall exceed the availability of funds allotted for the quarter unless it can be split into multiple quarters.

(i) accept the recommendation and fund the recommendation;

(ii) reduce the amount awarded;

(iii) deny the recommendation;

(iv) split an application for funds over two fiscal quarters; or

(v) request additional clarifying information before funding the recommendation.

(d) If the bureau denies a recommendation, the bureau shall send a written denial to the subcommittee chair.

History

KEY: emergency medical services
Date of Last Change: November 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103

Utah Admin. Code R911-6-10 Reporting and Compliance

(1) Grant recipients shall submit progress and financial reports as required by the bureau.

(2) The bureau may conduct audits or site visits to ensure compliance with grant requirements.

(3) If a grant recipient fails to comply with the terms of the funding agreement, the bureau may require repayment of funds and disqualify the entity from future funding opportunities.

History

KEY: emergency medical services
Date of Last Change: November 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103

R911-7 Emergency Medical Services Prehospital Data System Rules

Utah Admin. Code R911-7-1 Authority and Purpose

(1) Section 53-2d-203 authorizes this rule.

(2) This rule establishes minimum mandatory emergency medical service (EMS) data reporting requirements.

(3) Persons providing emergency medical services shall provide data to the department.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-203; 26B-1-224

Utah Admin. Code R911-7-2 Prehospital Data Set

(1) Each EMS provider shall collect and report data as specified by the department.

(2) Each EMS provider shall submit data to the department electronically in the National Emergency Medical Services Information System (NEMSIS) format for every dispatch instance regardless of patient disposition.

(a) Each EMS provider shall report data for every individual with whom the EMS provider has contact, whether care was given or refused, including in the case of a mass casualty event.

(b) Stand-by or special events are exempt from this section.

(3) The department incorporates by reference:

(a) NEMSIS Data Dictionary National Highway Traffic Safety Administration (NHTSA) version 3.5; and

(b) NEMSIS V3 State Data Set Utah NEMSIS Version 3.5.

(4) An EMS provider shall use a NEMSIS compliant EMS reporting system, unless written arrangements are made with the department.

(5) An EMS provider shall submit NEMSIS demographic data elements within 30 days after the end of each calendar quarter and in the format defined in the NEMSIS EMS Demographic Data Set.

(a) An EMS provider shall submit NEMSIS demographic data in the state EMS licensing system.

(b) An EMS provider shall make demographic changes in the state EMS licensing system.

(c) The department may consider an EMS provider's data submitted after it has been entered or updated in the department-provided system.

(6) Each EMS provider shall submit NEMSIS EMS incident data elements for each patient care report (PCR) in the format defined in the NEMSIS EMS data set within seven days of the incident occurring.

(a) The department may consider data submitted as soon as it has been directly entered or updated in the department- provided system.

(b) Each EMS provider shall submit incident data with at least 90% of each submission complete with correct information in the state system for the submission to be considered correct and complete.

(c) Each EMS provider shall configure its electronic patient care report (ePCR) systems to correctly send incidents as soon as they are completed and not wait until the record has been billed.

(7) Each EMS provider shall reconcile NEMSIS EMS incident data monthly via email for each PCR for the prior month's ePCR count.

(a) If there are no incidents to report for the previous month, the EMS provider shall report confirmation of no data within seven days after the previous month ends.

(b) The department shall provide monthly reports to the EMS provider on completeness for ePCRs with less than 90% complete and correct.

(8) Each EMS provider may submit optional NEMSIS data elements.

(9) Each EMS provider shall notify the department at least 90 calendar days before changing reporting systems.

(10) For each patient an EMS provider transports to a hospital or patient receiving facility, the EMS provider shall report the patient status containing information critical to the ongoing care of the patient upon transfer.

(11) For each patient an EMS provider transports to a hospital or patient receiving facility, the hospital or patient receiving facility shall provide the following information for that patient to the EMS provider within 24 hours of request:

(a) the patient's emergency department disposition;

(b) the patient's hospital disposition;

(d) a hospital face sheet.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-203; 26B-1-224

Utah Admin. Code R911-7-3 Penalty for Violation of Rule

Any person who violates any provision of this rule may be assessed a penalty as provided in Section 26B-1-224.

History

KEY: emergency medical services
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-203; 26B-1-224

R911-8 Emergency Medical Services Ground Ambulance Rates and Charges

Utah Admin. Code R911-8-1 Purpose

This rule establishes maximum ambulance mileage rates, medication and supply charges, and fiscal reports for Utah licensed ground ambulance providers.

History

KEY: emergency medical services, rates
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-503; 53-2d-103

Utah Admin. Code R911-8-2 Authority

This rule is authorized by Sections 53-2d-503 and 53-2d-103.

History

KEY: emergency medical services, rates
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-503; 53-2d-103

Utah Admin. Code R911-8-3 Definitions

Terms used in this rule are defined in Sections 53-2d-101 and 53-2d-503.

History

KEY: emergency medical services, rates
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-503; 53-2d-103

Utah Admin. Code R911-8-4 Ground Ambulance Base Rates

The bureau adopts the ground ambulance base rates as defined in Subsection 53-2d-503(5)(a).

History

KEY: emergency medical services, rates
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-503; 53-2d-103

Utah Admin. Code R911-8-5 Mileage Rates

(1) A licensed ground ambulance provider may not charge more than the set mileage rate for ambulance transports.

(2) Net income and subsidies for a licensed ground ambulance provider may not exceed 10% of gross revenue.

(3) A licensed ground ambulance provider may lower the mileage rate at their discretion.

(4) A licensed ground ambulance provider may not charge a mileage rate for transportation to a patient who is not transported.

(5) The bureau may adjust each rate annually based on financial data received from licensed ground ambulance providers.

(6) A mileage rate may be charged up to a maximum of $42.24 per mile computed from the location of the patient upon ambulance arrival to the destination hospital or patient receiving facility. A fuel fluctuation surcharge of $0.25 per mile may be added when the diesel fuel price exceeds $5.10 per gallon, or the gasoline price exceeds $4.25 per gallon as invoiced.

(7) A surcharge of $1.50 per mile may be assessed if an ambulance is required to travel two or more miles on unpaved roads.

(8) If more than one patient is transported from the location of the patients to the same destination hospital or patient receiving facility, a charge may be assessed to each patient as follows:

(a) The transportation base rate; and

(b) the mileage rate divided equally between the total number of patients.

(9) A licensed ground ambulance provider may charge separately for a round trip if the following conditions apply:

(a) no charge is billed to the patient for at least 30 minutes at the hospital or a patient receiving facility at the halfway point of the trip; and

(b) no more than $22.05 per quarter hour is charged for time over 30 minutes.

History

KEY: emergency medical services, rates
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-503; 53-2d-103

Utah Admin. Code R911-8-6 Supply and Medication Charges for Non-Transport Responses

(1) A licensed ground ambulance provider may charge for supplies, providing supplies, medications, and administering medications on a response if:

(a) supplies and medications are priced fairly and competitively compared with a similar product in the local area;

(b) the individual does not refuse the service; and

(2) A licensed ground ambulance provider may petition the bureau for a temporary service-specific surcharge when there is a temporary escalation of costs.

(a) The petition shall specify the surcharge amount and financial justification; and

(b) the bureau will make a final decision on the proposed surcharge within 30 days of receipt of the petition.

History

KEY: emergency medical services, rates
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-503; 53-2d-103

Utah Admin. Code R911-8-7 Fiscal and Transportation Reports

(1) A licensed ground ambulance provider shall submit a fiscal report on a bureau approved form:

(a) in accordance with the instructions, guidelines, and review criteria as specified by the bureau on its website; and

(b) within six months of the end of the licensed ground ambulance provider's fiscal year.

(2) The bureau may review a licensed ground ambulance provider's fiscal report for compliance. The bureau may perform financial audits to ensure compliance to reporting requirements.

(3) Each licensed ground ambulance provider shall submit a written total number of billed patient transports for each calendar year to the bureau for calculating Medicaid assessments within 90 days after the end of the calendar year.

(a) The submission shall include a written justification when a patient transport number is not in agreement with patient care data submitted to the bureau pursuant to Rule R911-7.

(b) The written justification shall include a description of each data reporting error and a plan to correct future data submission.

(4) Any submitted patient transport number not in agreement with patient care report data may be evaluated, corrected, or audited by the bureau.

History

KEY: emergency medical services, rates
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-503; 53-2d-103

R911-9 Specialty Care Systems Facility Designations

Utah Admin. Code R911-9-100 Authority and Purpose for Specialty Care Systems Standards

(1) This rule establishes requirements pursuant to statute for a statewide specialty care systems and related emergency medical systems including the following:

(a) establishes and actively supervises a statewide trauma system;

(b) establishes, by rule, trauma center designation requirements and model state guidelines for triage, treatment, transport, and transfer of trauma patients to the most appropriate health care facility; and

(c) allows designation of trauma care facilities consistent with the trauma center designation requirements and verification process established by the department and applicable statutes.

(2) This rule provides standards for the categorization of hospitals and the voluntary designation of trauma centers to assist physicians in selecting the most appropriate physician and facility based upon the nature of the patient's critical care problem and the capabilities of the facility.

(3) It is intended that the categorization process be dynamic and updated periodically to reflect changes in national standards, medical facility capabilities, and treatment processes. Also, as suggested by the Utah Medical Association, the standards are in no way to be construed as mandating the transfer of any patient contrary to the wishes of their attending physician, rather the standards serve as an expression of the type of facilities and care available in the respective hospitals for the use of physicians requesting transfer of patients requiring skills and facilities not available in their own hospitals.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-9-200 Trauma System Advisory Committee

(1) The Trauma System Advisory Committee shall:

(a) be a broad and balanced representation of healthcare providers and health care delivery systems; and

(b) conduct meetings in accordance with committee procedures.

(2) The department shall appoint committee members to serve terms from one to four years.

(3) The department may re-appoint committee members for one additional term in the position initially appointed by the department.

(4) Causes for removal of a committee member include the following:

(a) more than two unexcused absences from meetings within 12 calendar months;

(b) more than three excused absences from meetings within 12 calendar months;

(d) change in organizational affiliation or employment which may affect the appropriate representation of a position on the committee for which the member was appointed.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-9-300 Trauma Center Categorization Guidelines

The department incorporates by reference as criteria for Level I, Level II, Level III, Level IV, and Pediatric trauma center designation, compliance with national standards published in the American College of Surgeons (ACS) document: Resources for Optimal Care of the Injured Patient 2014.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-9-400 Trauma Center Review Process

(1) The department shall conduct a quality review site visit of trauma centers and applicants to verify compliance with standards set in Section R911-9-300. In conducting each evaluation, the department may consult with experts from the following disciplines:

(a) trauma surgery;

(b) emergency medicine;

(d) hospital administration.

(2) A consultant may not assist the department in evaluating a facility in which the consultant is employed, practices, or has any financial interest.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-9-500 Trauma Center Categorization Process

The department shall:

(1) Develop a survey document based upon the Trauma Center Criteria described in Section R911-9-300.

(2) Periodically survey Utah hospitals which provide emergency trauma care to determine the maximum level of trauma care which each is capable of providing.

(3) Disseminate survey results to each Utah hospital, and as appropriate, to Utah licensed ambulance providers.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-9-600 Trauma Center Designation Process

(1) Hospitals seeking voluntary designation and any designated trauma centers desiring to remain designated, shall apply for designation by submitting the following information to the department at least 30 days before the date of the scheduled site visit:

(a) a completed and signed application and appropriate fees for trauma center verification;

(b) a letter from the hospital administrator of continued commitment to comply with current trauma center designation standards as applicable to the applicant's designation level;

(d) Level I and Level II trauma centers must submit a copy of the Pre-review Questionnaire (PRQ) from the ACS in lieu of the application in Subsection R911-9-600(1)(a);

(e) Level III and Level IV and Level V trauma centers must submit a complete department approved application.

(2) Hospitals desiring to be designated as Level I and Level II trauma centers must be verified by the ACS within three months of the expiration date of previous designation and must submit a copy of the full ACS report detailing the results of the ACS site visit. A department representative must be present during the entire ACS verification or consultation visit. Hospitals desiring to be Level III or Level IV trauma centers must be designated by hosting a formal site visit by the department.

(3) Hospitals not previously designated as a Level I or a Level II trauma center, applying for designation after December 31, 2016, will be considered for designation implementing the point system suggested by the ACS as follows and using data from the Utah Trauma Registry:

(a) population as defined by the federal Office of Management and Budget total Metropolitan Statistical Area (MSA):

(i) total MSA population of less than 600,000 receives two points;

(ii) total MSA population of 600,000 to 1,200,000 receives four points;

(iii) total MSA population of 1,200,000 to 1,800,000 receives six points;

(iv) total MSA population of 1,800,000 to 2,400,000 receives eight points; and

(v) total MSA population of greater than 2,400,000 receives ten points;

(b) median transport times, combined air and ground time at scene only, not to include transfer:

(i) median transport time of less than 10 minutes receives zero points;

(ii) median transport time of 10 -- 20 minutes receives one point;

(iii) median transport time of 21 -- 30 minutes receives two points;

(iv) median transport time of 31 -- 40 minutes receives three points; and

(v) median transport time of greater than 41 minutes receives four points;

(i) department support for a trauma center, if none exist, or an additional trauma center in the MSA -- five points;

(ii) department position that no additional trauma centers are needed -- negative five points;

(iii) Trauma System Advisory Committee, or equivalent body, statement of support for a trauma center if none exist, or an additional trauma center in the MSA -- five points;

(iv) community support demonstrated by letters of support from 25% - 50% of city and county governing bodies within the MSA -- one point; and

(v) community support demonstrated by letters of support from over 50% of city and county governing bodies within the MSA -- two points;

(d) severely injured patients, ISS more than 15, discharged from acute care facilities not designated as Level I, II, or III trauma centers:

(i) discharges of 0-200 severely injured patients receives zero points;

(ii) discharges of 201 -- 400 severely injured patients receives one point;

(iii) discharges of 401 -- 600 severely injured patients receives two points;

(iv) discharges of 601 -- 800 severely injured patients receives three points; and

(v) discharges of greater than 800 severely injured patients receives four points;

(e) Level I trauma centers:

(i) for the existence of each verified Level I trauma center already in the MSA assign one negative point;

(ii) for the existence of each verified Level II trauma center already in the MSA assign one negative point; and

(iii) for the existence of each verified Level III trauma center already in the MSA assign one half negative point;

(f) numbers of severely injured patients, ISS more than 15, seen in Level I and Level II trauma centers already in the MSA. The expected number of high-ISS patients is calculated as: 500 times the number of Level I and Level II centers in the MSA equals the expected number of high-ISS patients:

(i) if the MSA has more than 500 severely injured patients above the expected number assign two points;

(ii) if the MSA has 0 - 500 severely injured patients above the expected number assign one point;

(iii) if the MSA has 0 - 500 fewer severely injury patients than the expected number assign one negative point; and

(iv) if the MSA has more than 500 fewer severely injured patients than the expected number assign two negative points.

(g) The following scoring system shall be used to allocate trauma centers within the MSAs:

(i) MSAs with scores of five points or less shall be allocated 1 Level I or II trauma center;

(ii) MSAs with scores of six - ten points shall be allocated 2 Level I or II trauma centers;

(iii) MSAs with score of 11 - 15 points shall be allocated 3 Level I or II trauma centers; and

(iv) MSAs with scores of 16 - 20 points shall be allocated 4 Level I or II trauma centers.

(h) If the number of trauma centers allocated by the model is greater than the existing number of Level I or II trauma centers in the MSA, efforts should be undertaken to recruit and designate additional trauma centers.

(i) If the number of Level I and II trauma centers allocated by the model is less than or equal to the number currently designated, the department should not designate additional Level I or II trauma centers in the MSA.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-9-700 Data Requirements for an Inclusive Trauma System

(1) Each hospital shall collect, and monthly submit to the department, trauma registry information necessary to maintain an inclusive trauma system.

(a) Designated trauma centers shall provide such data in a standardized electronic format approved by the department.

(b) The department shall provide funds to hospitals, excluding designated trauma centers, for the data collection process.

(2) To ensure consistent patient data collection, a trauma patient is defined as a patient sustaining a traumatic injury and meeting the following criteria:

(a) at least one of the following injury diagnostic codes: ICD10 Diagnostic Codes: S00-S00 with 7th character modifiers of A, B, or C only, T07, T14, T20-T28 with 7th character modifier of A, T30-T32, T79.A1-T79.A9 with 7th character modifier of A excluding the following isolated injuries: S00, S10, S20, S30, S40, S50, S60, S70, S80, S90. Late effect codes, which are represented using the same range of injury diagnosis codes but with the 7th digit modifier code of D through S are also excluded; and

(b) at least one of the following patient conditions:

(i) stay at a hospital greater than 12 hours, as measured from the arrival at the emergency department to patient discharge;

(ii) transferred in or out of reporting hospital via EMS transport, including air ambulance; or

(iii) death resulting from the traumatic injury, independent of hospital admission or hospital transfer status.

(3) The department incorporates by reference the National Trauma Data Standard Data Dictionary for 2024 Admissions published by the ACS, and the Utah Trauma Registry State Required Elements for 2023 published by the Department of Health and Human Services.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-9-800 Noncompliance to Trauma Standards

(1) The department may warn, reduce, deny, suspend, revoke, or place on probation a facility designation, if the department finds evidence that the facility has not been or will not be operated in compliance with standards adopted under Section R911-9-300.

(2) A hospital, clinic, health care provider, or health care delivery system may not profess or advertise to be designated as a trauma center if the department has not designated it as such pursuant to this rule.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-9-900 Resource Hospital Minimum Designation Requirements

A resource hospital shall meet the following minimum requirements for designation:

(1) Be licensed in Utah or another state as a general acute hospital or be a Veteran's Administration hospital operating in Utah;

(2) Have the ability to communicate with other EMS providers operating in the area;

(3) Provide on-line medical control for pre-hospital EMS providers who request assistance for patient care, 24 hours day, seven days a week;

(4) Create and abide by written pre-hospital emergency patient care protocols for use in providing on-line medical control for pre-hospital EMS providers;

(5) Train new staff on the protocols before the new staff is permitted to provide on-line medical control and annually review protocols with physician and nursing staff;

(6) Annually provide in-service training on the protocols to physicians and nurses who provide on-line medical control;

(7) Make the protocols immediately available to staff for reference;

(8) Provide on-line medical control which shall include:

(a) direct voice communication with a physician; or

(b) a registered nurse or physician's assistant, who shall be licensed in Utah, who is in voice contact with a physician;

(9) Implement a quality improvement process which shall include:

(a) representatives from local EMS providers that routinely transport patients to the resource hospital;

(b) quarterly meetings; and

(10) Identify a coordinator for the pre-hospital quality improvement process;

(11) Cooperate with the pre-hospital EMS providers' off-line medical directors in the quality review process, including granting access to hospital medical records of patients served by the particular pre-hospital EMS provider;

(12) Participate in local and regional forums for performance improvement; and

(13) Assist the department in evaluating EMS system effectiveness by submitting to the epartment, in an electronic format quarterly data specified by the department.

(14) Designated trauma centers are deemed to meet the resource hospital standards and are exempt from requirements outlined in this section.

(15) The resource hospital designation and re-designation shall be for a period of three years.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-9-1000 Stroke Treatment and Stroke Receiving Facility Minimum Designation Requirements

(1) A Primary or Comprehensive Stroke Treatment Center or an Acute Stroke Ready Hospital shall be accredited by the Joint Commission or other nationally recognized accrediting body.

(2) A hospital designated as a Stroke Receiving Facility for receiving stroke patients via Emergency Medical Services shall meet the following requirements:

(a) Be licensed as an acute care hospital in Utah;

(b) Require physician response to the emergency department in less than 30 minutes for treatment of stroke patients;

(c) Maintain the ability of physician and nursing staff to utilize a standardized assessment tool for ischemic stroke patients;

(d) Maintain and utilize approved thrombolytic medications for treatment of patients meeting criteria for administration of thrombolytic therapy;

(e) Establish a standardized acute stroke protocol and authorize appropriate emergency department staff to implement the protocol when appropriate;

(f) Have ancillary equipment and personnel available to diagnose and treat acute stroke patients in a timely manner;

(g) Establish patient transport protocols with designated stroke treatment centers;

(h) Have a performance improvement program for acute stroke care and report data as required by the department; and

(i) Submit to a site visit by representatives of the department.

(3) Upon designation, the department may, in consultation with off-line EMS medical direction and protocol, recommend direct transport of stroke patients to a Stroke Receiving Center or a Stroke Treatment Center by licensed ambulance provider.

(4) Each hospital shall collect, and submit at least quarterly to the department, stroke registry information necessary to maintain an inclusive stroke system. Each hospital shall provide such data in a standardized electronic format approved by the department.

(5) The stroke treatment and stroke receiving designation and re-designation shall be for a period of three years.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-9-1100 Percutaneous Coronary Intervention Center Minimum Designation Requirements

(1) To receive acute ST-elevation myocardial infarction (STEMI) patients via an ambulance, a Percutaneous Coronary Intervention (PCI) center, shall meet the following minimum designation requirements:

(a) be licensed as an acute care hospital in Utah;

(b) maintain an emergency department that is always staffed by at least one physician and one registered nurse;

(c) have the ability to receive 12 lead EKG data from licensed ambulance providers transporting patients to the hospital for treatment of STEMI;

(d) maintain the ability to provide cardiac catheterization and PCI of STEMI patients within 90 minutes of patient arrival in the emergency department 24 hours a day and seven days a week;

(e) maintain a performance improvement program for STEMI care and report data to the department as required by the department; and

(f) submit to a site visit by representatives of the department.

(2) Upon designation, the department may, in consultation with off-line EMS medical direction and protocol, recommend direct transport of STEMI patients to a STEMI Treatment Center by a licensed ambulance provider.

(3) The PCI designation and re-designation shall be for a period of three years.

(4) Each hospital shall collect, and submit at least quarterly to the department, cardiac registry information necessary to maintain an inclusive cardiac system. Each hospital shall provide such data in a standardized electronic format approved by the department.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-9-1200 Patient Receiving Facility Minimum Designation Requirements

(1) A patient receiving facility shall meet the following minimum designation requirements:

(a) have the ability to communicate with licensed and designated EMS providers;

(b) be staffed or have on-call physician, physician assistant, or nurse practitioner availability during designated hours with a response time of less than 20 minutes;

(d) attend meetings of the local EMS council, if one exists, to participate in the coordination and operations of local licensed and designated EMS providers;

(e) abide by off-line protocols approved by the licensed ambulance provider's off-line medical director;

(f) train staff on protocols used by the licensed ambulance providers who transport patients to the patient receiving facility;

(g) implement a quality improvement process of all patients received at the patient receiving facility with the local resource hospital or trauma center including access to medical records for patients transported by ambulance;

(h) maintain equipment, services and medications on-site to provide advanced life support (ALS) intervention and appropriate treatment. Equipment and services shall include:

(i) ECG;

(ii) ACLS medications;

(iii) laboratory services;

(iv) radiology services;

(v) oxygen delivery systems;

(vi) airway support equipment and supplies; and

(vii) suction equipment and supplies;

(i) submit to a yearly site visit by representatives of the department; and

(j) submit monthly data reports to the department on each patient received by an ambulance, and in an electronic format provided by the department.

(2) The department may recommend the preferential transportation of STEMI patients by ambulance to a patient receiving facility.

History

KEY: emergency medical services, trauma, reporting, trauma center designation
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

R911-10 Air Ambulance Licensure and Operations

Utah Admin. Code R911-10-1 Authority and Purpose

(1) Section 53-2b-101.1 authorizes this rule.

(2) This rule provides department requirements for air ambulance provider licensure and operations.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-2 Definitions

For the purposes of this rule:

(1) "Air ambulance provider" means a state-licensed entity providing air ambulance services.

(2) "Base location" means the physical address where the crew, medical equipment, supplies, and the air ambulance are located.

(3) "Deemed status" means an air ambulance provider has received accreditation from a department-approved accreditation service.

(4) "Department" means the Department of Public Safety.

(5) "PSAP" means the public safety answering point for 911 calls.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-3 Air Ambulance Provider Requirements

(1) A person in any capacity, including as an owner or agent, may furnish, operate, conduct, maintain, advertise, or otherwise be engaged in providing emergency medical care using an air ambulance only when licensed by the department.

(2) The department may conduct air ambulance provider investigations.

(3) A person from another state may only provide emergency medical services. including patient care, aboard an air ambulance within the state if that person complies with the requirements under this rule.

(4)(a) An air ambulance provider shall have a medical director who shall be responsible for medical direction and oversight regarding credentialing air medical providers, clinical practice, and patient care.

(b) An air ambulance provider shall report a personnel change in the medical director position to the department within 30 days.

(5) An air ambulance provider shall get a deemed status or receive state certification by state-approved auditors of the required criteria to meet national standards for patient safety and quality of care.

(6) Air ambulance permits and licenses are not transferable.

(7) An air ambulance provider may get a replacement air ambulance permit or license by submitting a written request to the department certifying that the original permit or license has been lost, destroyed, or made unusable.

(8) Each air ambulance provider shall get a new air ambulance inspection and subsequent permit from the department before returning an air ambulance to service following a modification, change, or any renovation that results in a change to the stretcher placement or seating in the air ambulance interior configuration.

(9) An air ambulance provider shall file an amended list of aircraft that are used to provide service within the state to the department within 30 days after an air ambulance is added to or removed permanently from service.

(10) The licensure period for an air ambulance provider shall be four years.

(11) An air ambulance provider may only use an air ambulance to provide emergency medical care. State licensure does not constitute authority to provide non-medical air transportation.

(12) An air ambulance provider shall comply with other statutes, rules, or regulations in effect for medical personnel and EMS, involving:

(a) licensing and authorizations;

(b) insurance;

(d) penalties.

(13) The department may verify and inspect equipment and documentation to ensure compliance.

(14) An air ambulance provider seeking deemed status shall allow a department representative to be present during a site visit conducted by an accreditation organization.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-4 Air Ambulance Provider Licensure Application

(1) An applicant for an air ambulance license desiring to get or to renew a license shall submit the following to the department:

(a) the applicable fees and application on the department-approved forms;

(b) a copy of the air ambulance service licenses concurrently issued and on file with other states;

(c) information about individual aircraft that will be used while providing medical care for physical inspection of medical compliance, as referenced in Section R911-10-10;

(d) results from the prior ten years of any investigations, disciplinary actions, or exclusions with the potential to impact the quality of medical care provided to patients. Such investigations, disciplinary actions, or exclusions apply to:

(i) current and prior legal names of the entity;

(ii) other names used by the entity to provide health care services; and

(iii) any person or entity who had direct or indirect ownership of at least 50% interest in the air ambulance service within the prior 10-year period;

(e) the name of the air ambulance service medical director pursuant to requirements found in Sections R911-5-2500 and R911-5-2600;

(f) proof of deemed status or state certification by state-approved auditors;

(g) emergency contact information, which the department may use to provide effective communications and resource management in the event of a statewide or localized disaster or emergency situation;

(h) a roster of medical personnel including level of certification or licensure to ensure there is sufficient trained and certified staff that meets the requirements in Section R911-10-22;

(i) the air ambulance provider's policies and procedures based on state or nationally accepted emergency medical dispatch standards and state or nationally accepted EMS clinical guidelines to aid in directing the daily operation of the air ambulance communications center as referenced in Section R911-10-12;

(j) a copy of the air ambulance provider's plan to send significant clinical data to hospital or emergency patient receiving facility medical personnel before arrival;

(k) a copy of the air ambulance provider's quality improvement program that assesses and improves patient care provided by the air ambulance services, as referenced in Section R911-10-21;

(l) an integrated medical transport plan, as established in Section R911-10-17; and

(m) the air ambulance provider's insurance requirements as referenced in Section R911-10-8.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-5 Exceptions to Air Ambulance Provider Licensure

This rule does not apply to the following:

(1) an entity providing air ambulance services operated by an agency of the United States Government;

(2) services that provide rescue and evacuation equipment and aircraft owned and operated by a governmental entity other than one that includes transporting patients by air ambulance in its primary role and receives payment for such services; and

(3) evacuation and rescue equipment used and owned by the Department of Public Safety in air, ground, or water evacuation.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-6 Department-Approved Accreditation Service

To be recognized as a department-approved accreditation service, a service must meet the following criteria:

(1) provide evidence of timely reviews of applications from air ambulance providers seeking accreditation;

(2) publish standards that address the components of medical transport impacting quality of patient care and provider safety;

(3) outline procedures for random site visits, audits, and other strategies utilized to ensure an accredited provider or a provider seeking accreditation is adhering to accreditation standards;

(4) publish policies for the initial accreditation requirements, including:

(a) the tenure of accreditation, not to exceed three years;

(b) the requirements for reaccreditation; and

(5) use trained personnel, including site surveyors, with experience in medical transport at the level of accreditation and licensure;

(6) utilize a formal training program that educates accreditation personnel, including site surveyors, in consistent interpretation of standards and policies of the accreditation provider;

(7) publish the required qualifications for accreditation personnel who conduct site surveys that demonstrate experience with and knowledge of the air ambulance industry;

(8) demonstrate that accreditation standards are updated to comply with national standards in healthcare and air medical transportation;

(9) have a multi-disciplinary board of directors representing medical transport organizations;

(10) clearly outline and enforce a conflict of interest policy that excludes board members or other accreditation agency representatives from participating in accreditation decisions, site surveys, or other processes when a real or potential conflict of interest exists;

(11) publish fees for providers seeking accreditation;

(12) utilize and provide documentation of an open process that encourages and accepts comments on changes to its accreditation standards;

(13) explain the procedure for a corrective action plan, which assures that air ambulance providers will implement corrective actions for any identified deficiencies;

(14) demonstrate a continuous quality improvement process that reviews the application process, site surveys, accreditation decisions, and accreditation standards;

(15) maintain and be able to present current certificates of insurance to include:

(a) general liability; and

(b) medical professional liability; and

(16) allow a department representative to be present during site surveys, investigations, and any other on-site visit.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-7 Air Ambulance Provider Change of Ownership and Management

(1) When an air ambulance provider anticipates a change of ownership, the air ambulance provider shall notify the department 30 calendar days before the change of ownership.

(2) The conversion of an air ambulance provider's legal structure, or the legal structure of an entity that has a direct or indirect ownership interest in the air ambulance provider, is a change of ownership if the conversion includes a transfer of at least 50% of the air ambulance provider's direct or indirect ownership interest to any new owner.

(3) A change of ownership of a licensed air ambulance provider requires a new license if:

(a) the change of ownership's transfer is for at least 50% of the ownership interest from a sole proprietor to another individual, regardless of whether the transaction affects the title to real property;

(b) the dissolution of a partnership and conversion into any other legal structure includes a transfer of at least 50% of the direct or indirect ownership from a partnership to any new owner;

(c) the consolidation of two or more corporations resulting in the creation of a new corporate entity includes a transfer of at least 50% of the direct or indirect ownership to any new owner;

(d) the formation of a corporation from a partnership, a sole proprietorship, or a limited liability company includes a transfer of at least 50% of the direct or indirect ownership to any new owner;

(e) the transfer, purchase, or sale of shares in a corporation result in a shift of at least 50% of the direct or indirect ownership of the corporation to any new owner;

(f) there is a transfer of at least 50% of the direct and indirect ownership interest in a limited liability company;

(g) the termination or dissolution of a limited liability company and the conversion into any other entity includes a transfer of at least 50% of the direct or indirect ownership to any new owner;

(h) any transfer of ownership interest between an existing person or entity in a limited liability company involves the acquisition of ownership interest by a new person or entity with an ownership interest; or

(i) the air ambulance provider enters into a lease arrangement or management agreement whereby the air ambulance provider keeps no authority or responsibility for the operation and management of service.

(4) A change of ownership may not result from:

(a) forming a corporation from a sole proprietorship with the proprietor as the sole shareholder; or

(b) the dissolution of a partnership to form a corporation with the same persons keeping the same shares of ownership in the new corporation.

(5) To report a change of ownership, each applicant shall provide:

(a) the legal name of the entity and any other names used by it to provide health care services;

(b) contact information for the entity including mailing address, telephone and fax numbers, email address, and website address, as applicable;

(i) a list of the governing body and officers for a non-profit corporation;

(ii) a list of the names of the officers and stockholders who directly or indirectly own or control 5% or more of the shares of a for-profit corporation; and

(iii) proof of lawful presence in the United States in compliance with Subsection 41-1a-202(1)(b) for a sole proprietor;

(d) the name, address, and business telephone number of every person identified in this section as ownership or management and the individual designated by the applicant as the chief executive officer of the entity;

(e) an alternate address and telephone number for at least one individual for use in the event of an emergency or closure of the air ambulance provider if the addresses and telephone numbers provided are the same as the contact information for the entity itself;

(f) proof of professional liability insurance held in the name of the applicant;

(g) by-laws or equivalent documents that govern the rights, duties, and capital contributions of the business entity;

(h) the address of the entity's physical location and the name of the owner of each structure on the campus where licensed services are provided;

(i) a copy of any management agreement pertaining to operation of the entity that sets forth the financial and administrative responsibilities of each party;

(j) a statement signed and dated at the same time as the application stating whether any of the new owners have been the subject of, or a party to, any of the following events within the previous ten years, regardless of whether action has been stayed in a judicial appeal or otherwise settled between the parties:

(i) a felony or misdemeanor conviction involving crimes as described in Section R911-5-3200;

(ii) a state license or federal certification denial, revocation, or suspension by another jurisdiction; or

(iii) a civil judgment or a criminal conviction in a case brought by federal, state, or local authorities that resulted from the operation, management, or ownership of a health facility or other entity related to substandard patient care or health care fraud; and

(k) a statement signed and dated at the same time as the application that:

(i) states whether any new owner has ever been or is the subject of, or a party to debarment, suspension, a proposal for debarment, a declaration of ineligibility, or voluntarily exclusion from participation in a contract by any governmental department or agency, whether international, national, state, or local, regardless of whether action has been stayed in a judicial appeal or otherwise settled between the parties; and

(ii) certifies the applicant is compliant with Section 63G-6a-904 and OMB guidelines at 2 C.F.R. 180 ,October 23, 2023, which implement Executive Order Nos. 12549 and 12689.

(6) Any statement regarding information requested in Subsection R911-10-7(5)(j) shall, if applicable, include:

(a) whether the event is the result of action by federal, state, or local authorities and, if so, the full name of the authority; its jurisdiction; the case name; the docket, proceeding, or case number by which the event is designated; and a copy of the consent decree, order, or decision;

(b) whether the event is a felony or misdemeanor conviction involving moral turpitude and, if so, the court, its jurisdiction, the case name, the case number, a description of the matter or a copy of the indictment or charges, and any plea or verdict entered by the court; and

(c) whether the event involves a civil action or arbitration proceeding and, if so, the court or arbiter, the jurisdiction, the case name, the case number, a description of the matter or a copy of the complaint, and a copy of the verdict, court or arbitration decision.

(7) If an applicant leases one or more buildings to operate as an air ambulance provider, the applicant shall also provide a copy of the lease that clearly shows which party in the agreement is to be held responsible for the physical condition of the property.

(8) The applicant shall keep any article of incorporation, article of organization, partnership agreement, or other organizing document required by the secretary of state to conduct business.

(9) The existing applicant shall be responsible for correcting rule violations and deficiencies in any current plan of correction before the change of ownership becomes effective. If the applicant cannot accomplish such corrections in the time frame specified, the prospective applicant shall be responsible for uncorrected rule violations and deficiencies including any current plan of correction submitted by the previous licensee unless the prospective licensee submits a revised plan of correction, approved by the department, before the change of ownership becomes effective.

(10) If the department issues a license to the new owner, the previous owner shall return its license to the department within five calendar days of the new owner's receipt of its license.

(11) The applicant shall maintain professional liability insurance during the license term and shall notify the department of any change in the amount, type, or provider of professional liability insurance coverage during the license term.

(12) An air ambulance provider shall notify the department within 30 days if debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contract by any governmental entity during the tenure of a license.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-8 Air Ambulance Provider Insurance Requirements

(1) An air ambulance provider applicant shall demonstrate liability coverage for injuries to persons and for loss or property damages resulting from negligence by the service or medical crew.

(2) An air ambulance provider shall immediately notify the department and stop operations if the coverage required by this section is canceled or suspended.

(3) The department may not issue an air ambulance license to an applicant unless the applicant has evidence of medical professional liability insurance that requires the insurer to compensate for injuries to persons or unintentional damage to property.

(4) An air ambulance provider applicant shall provide a copy of the current certificate of insurance demonstrating coverage for each air ambulance medical crew member that states, at a minimum, aggregate limits of $1,000,000 per claim made and a total of $3,000,000 for claims made against the provider during the policy year.

(5) An applicant shall provide proof of worker's compensation coverage as required by law.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-9 Base Locations

(1) The air ambulance provider shall provide the base location to the department.

(2) The department may conduct announced and unannounced inspections at any location where an air ambulance provider operates. An inspection may occur at any time, including nights or weekends, to determine compliance.

(3) Each base location shall have and maintain security measures that protect medical supplies, pharmaceuticals, and equipment onboard the air ambulance from tampering and unauthorized access, including direct visual monitoring or closed- circuit television

(4) A base location shall provide a secured location with locked perimeter fencing or hangar for each air ambulance.

(5) The base location shall prominently display the following within the building:

(a) the state license or certificate of operation;

(b) Drug Enforcement Agency registration within base locations that store controlled substances;

(d) documentation showing the professional certifications and licenses of flight crew members.

(6) The air ambulance provider shall ensure the facility is clean and free of debris and compliance with state and local building and fire codes.

(7) The base location shall maintain evidence of medical professional liability insurance.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-10 Number and Type of Air Ambulances

An air ambulance provider shall provide a list of each air ambulance to be licensed and inspected for medical compliance by the department, including tail number, the N-Number, and designation of rotor or fixed wing capabilities.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-11 Capabilities of Medical Communications

(1) An air ambulance provider shall have a communications network available consisting of reliable equipment designed for clear communications related to the number and condition of patients among each stakeholder within the system.

(2) The communication center shall demonstrate and maintain voice communications linkage with the radios and other allowable communication devices used in the air ambulance for the declared service area.

(3) Air ambulance providers shall have two-way communications equipment available that allows for or has the following:

(a) real-time patient tracking that shall be maintained and documented every 15 minutes including the time the air ambulance returns to service following transport;

(b) appropriate wireless communications capabilities with dispatch centers and local first responders to include fire, EMS, and law enforcement;

(c) communications with medical referral and receiving facilities to exchange patient information and consult with medical control that shall be capable of communications exclusive to the air traffic control system; and

(d) a dedicated telephone number for the air ambulance service dispatch center.

(4) The air ambulance provider base station shall use a communications network during each phase of patient treatment and transport.

(5) The air ambulance provider shall establish an emergency plan for communications during power outages and in disaster situations.

(6) The air ambulance provider shall establish a policy for delineating methods for maintaining medical communications during power outages and in disaster situations.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-12 Coordination of Medical Communications

(1) An air ambulance provider shall have flights coordinated by designated medical dispatchers or communications specialists.

(2) Communication specialists are required for processing requests, initiating responses, telecommunications, and assessing the capability for utilizing emergency medical dispatch protocols approved by the department.

(3) Communication specialists shall have:

(a) certification;

(b) appropriate training pertaining to EMS and medical transportation communications related to health care; and

(4) Air ambulance communications centers shall:

(a) establish and maintain policies and procedures based on state or nationally accepted emergency medical dispatch standards and state or nationally accepted EMS clinical guidelines to aid in directing the daily operation of the air ambulance communications center;

(b) coordinate air ambulance deployment activities and communications with primary 911 PSAP call centers and appropriate medical facilities; and

(c) require its communications specialists to satisfy performance standards that are based on state or nationally accepted emergency medical dispatch standards and state or nationally accepted EMS clinical guidelines.

(5) At a minimum, the air ambulance communications center's performance standards shall measure a communication specialist's ability to:

(a) deploy the appropriate medical resources within the prescribed timeframe established by the communications center's standard operating procedures; and

(b) provide pertinent information to the appropriate 911 PSAP call center and receive updated information about the incident from the responding units or medical facilities.

(6) An air ambulance provider's communications center shall establish a quality assurance review process that is executed with consistency and objectivity in accordance with internal standards developed by the air ambulance provider.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-13 Pre-arrival and Hand-Off Communications to Hospitals or Emergency Patient Receiving Facilities

(1) An air ambulance provider shall have a plan in place to send significant clinical data to hospital or emergency patient receiving facility medical personnel before arrival.

(2) An air ambulance provider shall start the process for transferring responsibility of patient care during patient transport to reduce the communication load on patient arrival to the facility as early as possible. Transfer of care documentation shall be part of the EMS record.

(3) Information sent to the hospital or the emergency patient receiving facility before arrival shall include:

(a) patient information;

(b) chief complaint;

(d) condition of the patient;

(e) treatment provided; and

(f) estimated time of arrival.

(4) Information provided to the hospital or emergency patient receiving facility during patient hand-off shall include either:

(a) a copy of the full patient care report; or

(b) an abbreviated patient encounter form containing information essential to continued patient care, including:

(i) patient information;

(ii) chief complaint;

(iii) brief patient history;

(iv) allergies, if known;

(v) time and date of onset of symptoms;

(vi) pertinent physical findings;

(vii) patient medications, if known;

(viii) vital signs;

(ix) air medical treatment, including medications administered, IV fluids, procedures performed, and oxygen delivery; and

(x) transfer of care documentation, including the legibly written name of the air medical crew member.

(5) An air ambulance provider shall provide a copy of the full patient care report to the hospital or emergency patient receiving facility within 24 hours after the end of the patient transport.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-14 Data Collection, Submission, and Call Volume

(1) An air ambulance provider shall have a system in place to collect, submit, monitor, and track flight requests. The provider shall submit this information to the department.

(2) An air ambulance provider shall:

(a) report the specified state minimum data set, as required by the department, for every request that results in the dispatch of an air ambulance, whether emergency prehospital, inter-hospital transport, aborted flight, cancelation of requested service, death on scene, or refusal of care as requested by the department; and

(b) provide a yearly call volume report or EMS agency status report documenting the number of flights made within that calendar year.

(3) The yearly call volume report or EMS agency status report identified in Subsection (2)(b) shall contain the following totals:

(a) flights organized by emergency prehospital;

(b) inter-hospital transports;

(d) cancelation of requested services;

(e) death on scene;

(f) non-transport; and

(g) the refusal of care to assist efforts related to evaluating patient care and the improvement of the EMS system.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-15 Temporary Air Ambulance Use

(1) An air ambulance provider shall notify the department when a permitted air ambulance is removed from service or is replaced with a substitute air ambulance.

(2) Upon receipt of notification, the department may issue a temporary permit for the operation of the air ambulance.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-16 Medical Operations Policies and Procedures

(1) An air ambulance provider shall have a detailed manual of policies and procedures available for reference in the flight coordination office and available for department inspection to assist with EMS system planning and resource coordination efforts.

(2) An air ambulance provider's personnel shall be familiar and comply with policies contained within the manual, which shall include:

(a) procedures for acceptance of requests, referrals, and denial of service for medically related reasons;

(b) a written description of the geographical boundaries and features for the service area;

(d) scheduled hours of operation;

(e) criteria for the medical conditions and indications or medical contraindications for flight;

(f) medical communication procedures, including:

(i) medically related dispatch protocol;

(ii) call verification; and

(iii) advisories to the requesting entity to include procedures for informing the requesting entity of flight procedures, anticipated time of aircraft patient arrival, or cancelation of flight;

(g) criteria regarding acceptable destinations based upon medical needs of the patient;

(h) non-aviation safety procedures for medical crew assignments and notification, including rosters of medical personnel;

(i) written policy that ensures air medical personnel may not be assigned or assume cockpit duties concurrent with patient care duties and responsibilities;

(j) written policy that directs air ambulance personnel to honor a patient request for a specific service or destination when the circumstances will not jeopardize patient safety;

(k) medical communications procedures;

(l) flight cancelation and referral procedures;

(m) mutual aid procedures;

(n) a written plan that addresses the actions to be taken in the event of an emergency, diversion, or patient crisis during transport operations;

(o) patient tracking procedures that shall ensure air and ground position reports at intervals not to exceed 15 minutes in-flight and 45 minutes after landing;

(p) policy for delineating methods of maintaining medical communications during power outages and in disaster situations; and

(q) written procedures governing the air ambulance provider's medical complaint resolution process and protocols.

(3)(a) At a minimum, the air ambulance provider shall designate personnel responsible for its dispute resolution process and provide protocols it shall follow when investigating, tracking, documenting, reviewing, and resolving the complaint.

(b) The air ambulance provider's complaint resolution procedures shall emphasize resolution of complaints and problems within a specified period.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-17 Medical Transport Plans

To ensure proper patient care and the effective coordination of statewide emergency medical and trauma services, an air ambulance provider shall have an integrated medical transport plan for each air ambulance permitted by the department that describes:

(1) base location;

(2) hours of operation;

(3) emergency dispatch contact information;

(4) non-emergency business contact information;

(5) description of primary and secondary service areas;

(6) medical criteria for utilization;

(7) description of medical capabilities, including availability of specialized medical transport equipment;

(8) communications capabilities including radio frequencies and talk groups;

(9) procedures for communicating with the air medical crew; and

(10) mutual aid or backup procedures when the service is not available.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-18 Coordination with Regional and State Disaster Preparedness Plans

To ensure coordinated response to local, regional, or statewide disaster, an air ambulance provider shall participate in regional and state disaster preparedness advisory groups, including preparedness planning meetings and scheduled exercises.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-19 Medically Related Dispatch Protocols

When air ambulance transport is indicated, requests shall be coordinated through the local PSAP or 911 call center as part of an integrated response, when possible, for the PSAP to be able to coordinate communications among entities involved in the response.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-20 Ethical Practices and Conduct

(1) An air ambulance provider shall have and follow a written code of conduct that demonstrates ethical practices including business, clinical operations, marketing, and professional conduct.

(2) An air ambulance provider is subject to disciplinary action and may be denied licensure for unethical practices or conduct which includes:

(a) misrepresentation of the availability or level of medical or patient related services offered or provided; and

(b) failing to take appropriate action in safeguarding the patient from incompetent or inappropriate health care practices of EMS personnel.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-21 Continuous Quality Improvement Program

(1) An air ambulance provider shall establish a quality management team and a program that shall assess and improve patient care provided by the air ambulance provider.

(2) The quality management program shall include:

(a) a development of protocols, standing orders, training, policies, and procedures;

(b) approval of medications and techniques for field use by service personnel;

(c) direct observation, field instruction, in-service training, or other means available to assess the quality of field performance; and

(d) participation in local and regional performance improvement activities.

(3) An air ambulance provider shall have a written policy that outlines a process to identify, document, and analyze sentinel events, adverse medical events, or potentially adverse events with specific goals to improve patient medical safety and the quality of patient care.

(4) Policies and procedures shall include:

(a) a review of events for the effectiveness and efficiency of the organization, its support systems, and individuals within the organization;

(b) a method of information gathering developed for when a sentinel event is identified, including outcome studies, chart review, case discussion, or other methodology;

(d) findings, conclusions, recommendations, actions, and follow-up made and recorded; and

(e) training and education needs, individual performance evaluations, equipment or resource acquisition, patient medical safety, and risk management issues.

(5) An air ambulance provider shall notify the department within 72 hours of the identification of any sentinel event, a change in accreditation status, an incident, an accident, or an outside investigation for patient care, patient safety, or provider safety.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-22 Staffing and Medical Personnel Requirements

(1) Acceptable medical personnel include:

(a) physicians, including MD and DO;

(b) paramedics;

(d) registered nurse practitioners;

(e) advanced practice nurses;

(f) physician assistants (PA);

(g) respiratory therapists (RRT); or

(h) other allied health professionals;

(2) At a minimum, an air ambulance provider shall have the following medical personnel:

(a) one primary medical attendant who is a licensed PA, RN, MD, or DO;

(b) a second medical attendant who is a paramedic, PA, respiratory therapist, RN, MD, or DO; and

(c) medically qualified Utah licensed or certified individuals appropriate to the scope and mission of the air ambulance provider, or EMS personnel recognized under an interstate compact of which Utah is a member.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-23 Air Ambulance Staffing and Personnel Qualifications

(1) The air ambulance provider may modify composition of the medical team for specialty missions upon credentialing and approval by the air ambulance provider's medical director.

(2) The licensed nurse shall have appropriate specialty certification within two years of hire and must have pre-hire experience in the medications and interventions necessary for the air ambulance provider's scope of care. The licensed nurse also shall have three years critical care experience, which is no less than 4,000 hours experience in an ICU or emergency department.

(3) The paramedic shall have a FP-C or CCP-C within two years of hire in addition to at least three years, a minimum of 4,000 hours, of advanced life support experience.

(4) The RRT shall have a minimum of 4,000 hours of emergency department or ICU experience and appropriate specialty certification within two years of hire.

(5) Medical personnel shall have cognitive, affective, and psychomotor abilities sufficient to meet the clinical needs for the type of patient missions served.

(6) An air ambulance provider shall have a plan to assess and document the competency and proficiency of the personnel who provide medical services.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-24 Air Ambulance Personnel Training Requirements

(1) An air ambulance provider shall have a documented, structured educational program which is required for air ambulance personnel, including the medical director.

(2) The educational program under Subsection (1) shall at a minimum contain program orientation and initial and recurrent training that adheres to the services scope of care, patient population, mission statement and medical direction.

(3) Each medical crew member shall complete and document training in mission specific procedures related to patient care as established by the air ambulance provider's medical director and such federal, state, or local agencies with authority to regulate air ambulance providers. For license renewal, the department may require documentation showing completion of initial and recurrent training.

(4) Clinical experiences shall include:

(a) experiences specific to the mission statement and scope of care of the medical transport service;

(b) measurable objectives developed and documented reflecting hands-on experience versus observation only;

(d) advanced airway management;

(e) applicable medical device specific training, this includes:

(i) Automatic Implantable Cardioverter Defibrillator;

(ii) Extracorporeal Membrane Oxygenation;

(iii) Intra-Aortic Balloon Pump;

(iv) Left Ventricular Assist Device;

(v) medication pumps; and

(vi) ventilators;

(f) cardiology;

(g) mechanical ventilation and respiratory physiology for adult, pediatric, and neonatal patients as it relates to the mission statement and scope of care of the medical transport service specific to the equipment;

(h) high risk obstetric emergencies;

(i) basic care for pediatrics, neonatal, and obstetrics;

(j) emergency and critical care for patient populations to include special needs population;

(k) hazardous materials recognition and response;

(l) management of disaster and mass casualty events;

(m) infection control and prevention; and

(n) ethical and legal issues.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-25 Medical Staff and Patient Safety Welfare

(1) Medical personnel scheduling and individual work schedules shall demonstrate strategies to minimize duty-time fatigue, length of shift, number of shifts per week, and day-to-night rotation.

(2) On-site scheduled shifts for a period to exceed 24 hours are not acceptable under most circumstances.

(3) The following criteria shall be met for shifts scheduled more than 12 hours:

(a) medical personnel are not required to routinely perform any duties beyond those associated with the transport services;

(b) medical personnel are provided with access to and permission for uninterrupted rest after daily medical personnel duties are met;

(d) medical personnel shall have the right to call "time out" and be granted a reasonable rest period if the team member, or fellow team member, determines that the team member is unfit or unsafe to continue duty, no matter the shift length;

(e) there shall be no adverse personnel action or undue pressure to continue in a "time out" circumstance;

(f) licensed air ambulance management shall monitor transport volumes and personnel's use of a "time out" policy; and

(g) shifts extended over several days may be scheduled to address long commutes at programs with low volumes.

(4) An air ambulance provider shall clearly demonstrate and document it meets criteria listed in Subsection R911-10- 26(3) for shifts over 12 hours.

(5) An air ambulance provider shall ensure medical staff have at least ten hours of rest in each 24-hour period.

(6) If the base location is remote and one-way commutes are more than two hours, transportation time shall be considered.

(7) An air ambulance provider shall utilize a fatigue risk management tool that is widely recognized in the industry.

(8) An air ambulance provider shall evaluate the scheduling of on-call shifts to address fatigue in a written policy based on monitoring of duty times by managers, quality management tracking, and fatigue risk management.

(9) An air ambulance provider shall establish safety and infection control protocols that comply with the Occupational Safety and Health Administration (OSHA).

(10) An air ambulance provider shall have an appropriate dress code that addresses mission specific hazards as well as jewelry, hair, and other personal items that medical personnel may possibly use that may interfere with patient care.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-26 Air Ambulance Provider Medical Director Qualifications

(1) An air ambulance provider's medical director who oversees the practice of the EMS during patient transport shall be familiar with Utah medical practices and licensing requirements.

(2) An air ambulance provider's medical director shall be a Utah licensed physician in good standing to supervise the medical care provided in an air medical environment.

(3) A medical director shall:

(a) be board certified or board-eligible in EMS, emergency medicine, or other appropriate critical care specialty that services the patient population involved;

(b) have experience in the care of patients consistent with the licensing and mission profile of the air ambulance provider's service;

(c) designate other medical physician specialists for direction outside medical director's area of practice as appropriate to the air ambulance provider's service mission profile;

(d) have access to medical specialists for consultation regarding patients whose illness and care needs are outside the medical director's area of practice;

(e) have a current DEA registration; and

(f) have current credentials achieved through active participation in patient care and continuing medical education activities appropriate for the role of an air ambulance provider's medical director.

(4) An air ambulance provider's medical director shall have familiarity in the following areas:

(a) care of patients in the air medical environment, including the impact of altitude and other patient stressors, in-flight assessment and care, monitoring capabilities, and limitations of the flight environment;

(b) hazardous materials recognition and response;

(d) infection control and prevention;

(e) advanced resuscitation and care of adult, pediatric, and neonatal patients with both traumatic and non-traumatic diagnoses;

(f) quality improvement theories and applications;

(g) principles of adult learning;

(h) capabilities and limitations of care in air ambulance;

(i) applicable federal, state, and local law, rules, and protocols related to air ambulance providers and state trauma rule guidelines;

(j) air ambulance dispatch and communications; and

(k) ethical and legal issues related to air medical transport.

(5) An air ambulance provider's medical director roles and responsibilities shall include:

(a) oversight of medical care provided by the air medical service provider;

(b) ensure competency and currency of medical personnel;

(c) active engagement in the evaluation credentialing, initial training, and continuing education of personnel who provide patient care;

(d) development and approval of written patient care guidelines, policies and protocols, including those addressing the adverse impact of altitude on patient physiology and stressors of transport; and

(e) active engagement in quality management, utilization review, and safety reviews.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

Utah Admin. Code R911-10-27 Patient Compartment General Standards

(1) An air ambulance provider shall ensure that a permitted air ambulance has the following:

(a) a climate control system to prevent temperature variations that would adversely affect patient care;

(b) the air ambulance shall have an adequate interior lighting system so that patient care can be given and the patient's status monitored;

(c) for each place where a patient may be positioned, at least one electrical power outlet or other power source that is capable of operating electrically powered medical equipment without compromising the operation of any electrical air ambulance equipment;

(d) a backup source of electrical power or batteries capable of operating electrically powered life support equipment for at least one hour;

(e) an appropriate power source which is sufficient to meet the requirements of the complete specialized equipment package without compromising the operation of any electrical air ambulance equipment;

(f) an entry that allows for patient loading and unloading without excessive maneuvering and without compromising the operation of monitoring systems, intravenous lines, or manual or mechanical ventilation;

(g) if an isolette is used during patient transport, the operator shall ensure that the isolette can be opened from its secured in-flight position to provide full access to the patient;

(h) adequate access and necessary space to maintain the patient's airway and to provide adequate ventilatory support by an attendant from the secured, seat-belted position within the air ambulance;

(i) a configuration that allows for rapid exit of personnel and patients that will not allow obstruction from stretchers and medical equipment;

(j) an interior of the air ambulance that is sanitary and in good working order during use;

(k) secure positioning of cardiac monitors, defibrillators, and external pacers so that displays are visible to medical personnel; and

(l) procedures for medications to maintain temperatures within manufacturer recommendations.

(2) An air ambulance provider may not use glass containers unless required by medication specifications and be properly vented.

(3) Each air ambulance operator shall ensure that medical equipment is appropriate to the air medical service's scope and mission and maintained in working order according to the manufacturer's recommendations.

(4) Each permitted air ambulance shall be equipped to provide patient care according to approved medical protocols.

History

KEY: emergency medical services, air
Date of Last Change: July 1, 2024
Authorizing, and Implemented or Interpreted Law: 53-2d-101.1

R911-11 Blood Draw Permits

Utah Admin. Code R911-11-1 Purpose

This rule establishes the process and qualifications required for an individual to obtain or renew a blood draw permit.

History

KEY: blood draw permit
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103; 53-10-405; 41-6a-523; 72-10-502; 77-23-213

Utah Admin. Code R911-11-2 Authority

This rule is authorized by Sections 53-2d-103, 53-10-405, 41-6a-523, 72-10-502, and 77-23-213.

History

KEY: blood draw permit
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103; 53-10-405; 41-6a-523; 72-10-502; 77-23-213

Utah Admin. Code R911-11-3 Definitions

(1) Terms used in this rule are defined in Section 53-2d-101 and Section R911-1-200.

(2) In addition, "blood draw permit" means the authorization to draw blood for law enforcement purposes.

History

KEY: blood draw permit
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103; 53-10-405; 41-6a-523; 72-10-502; 77-23-213

Utah Admin. Code R911-11-4 Blood Draw Permit

A blood draw permit is not a right or license but is a verification that the individual possesses the training necessary to conduct an evidentiary blood draw for law enforcement purposes.

History

KEY: blood draw permit
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103; 53-10-405; 41-6a-523; 72-10-502; 77-23-213

Utah Admin. Code R911-11-5 Individuals Authorized to Draw Blood Without a Permit

A licensed Advanced Emergency Medical Technician may draw blood upon the request of a peace officer.

History

KEY: blood draw permit
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103; 53-10-405; 41-6a-523; 72-10-502; 77-23-213

Utah Admin. Code R911-11-6 Requirements to Obtain a Blood Draw Permit

(1) An individual who seeks to obtain a blood draw permit shall submit to the bureau:

(a) an application on a bureau provided form;

(b) documentation showing successful completion of bureau approved venipuncture training that is completed no more than one year before submitting the application; and

(2) Approved venipuncture training includes the following:

(a) successful completion and passing of a college or university course for credit, that includes training in blood withdrawal procedures;

(b) successful completion of a training course that prepares individuals to function in routine clinical or emergency medical situations and includes training in blood withdrawal procedures; or

(c) successful completion of training that consists of no less than three weeks in blood withdrawal procedures and is performed under the guidance of a licensed physician.

(3) Permit holders must notify the bureau within 15 days of a change in name or mailing address.

(4) Permits are valid for three calendar years and expire December 31st of the third calendar year after issuance.

History

KEY: blood draw permit
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103; 53-10-405; 41-6a-523; 72-10-502; 77-23-213

Utah Admin. Code R911-11-7 Permit Renewal Requirements for Blood Draws

(1) An individual seeking to renew a blood draw permit shall submit to the bureau before October 1st:

(a) a renewal application on a bureau provided form; and

(b) a certificate of completion of bureau approved training that is completed no more than one year before submitting an application.

(2) An individual may submit one of the following in lieu of the certificate of completion:

(a) an affidavit affirming the applicant engaged in performing blood draws in the last license period; or

(b) a letter signed by a physician, physician assistant, or licensed nurse practitioner attesting to the applicant's competence to draw blood.

(3) An application submitted after October 1st may result in a delay in issuance of the permit.

History

KEY: blood draw permit
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103; 53-10-405; 41-6a-523; 72-10-502; 77-23-213

Utah Admin. Code R911-11-8 Exemptions

Individuals with an AEMT or paramedic license described in Section R911-5-201, are not required to obtain a blood draw permit and may perform a blood draw upon the request of a peace officer.

History

KEY: blood draw permit
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103; 53-10-405; 41-6a-523; 72-10-502; 77-23-213

Utah Admin. Code R911-11-9 Published List of Individuals Permitted to Draw Blood

The bureau may publish a list of individuals permitted to draw blood for determination of its alcohol or drug content on the bureau's website.

History

KEY: blood draw permit
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103; 53-10-405; 41-6a-523; 72-10-502; 77-23-213

Utah Admin. Code R911-11-10 Denial or Revocation of a Permit

(1) The bureau may deny issuance of a permit, deny to renew a permit, or revoke a permit if the applicant or permit holder:

(a) engages in an act of gross negligence while performing a blood draw;

(b) fails to successfully complete bureau approved venipuncture training less than one year before submitting an application or renewal application; or

(2) The bureau may investigate complaints against an individual issued a permit if there are allegations of gross negligence.

(3) An individual whose permit has been denied or revoked may seek agency reconsideration within 20 days of the notice of denial or revocation.

History

KEY: blood draw permit
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-103; 53-10-405; 41-6a-523; 72-10-502; 77-23-213

R911-12 Emergency Medical Service Personnel Providing Medical Services in Non-911 Settings

Utah Admin. Code R911-12-1 Purpose

This rule establishes the scope of practice for an individual licensed by the bureau who is employed in a non-911 capacity and the minimum standards necessary to comply with Subsection 53-2d-210(2).

History

KEY: non-911; minimum standards
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-210

Utah Admin. Code R911-12-2 Authority

This rule is authorized by Section 53-2d-210.

History

KEY: non-911; minimum standards
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-210

Utah Admin. Code R911-12-3 Definitions

(1) Terms used in this rule are defined in Sections 53-2d-101 and 53-2d-210 and Rule R911-1.

(2) In addition:

(a) "EMS employee" means the same as "emergency medical service employee" who is working in a non-911 setting.

(b) "Employer" means a company, corporation, partnership, or other entity that employs an EMS employee.

(c) "Scope of practice" means activities or duties an individual may perform based on their level of licensure as provided in Section R911-5-200.

History

KEY: non-911; minimum standards
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-210

Utah Admin. Code R911-12-4 Minimum Standards

(1) An employer seeking to provide non-911 emergency medical services shall:

(a) maintain insurance meeting or exceeding the amounts in Section R911-3-5;

(b) employ a medical director; and

(2) In a non-911 setting, an EMS employee shall initiate 911 emergency services when they encounter:

(a) a situation that presents an imminent or potential threat to the patient's health or safety;

(b) a patient that shows signs of serious injury or illness; or

(3) An EMS employee is not required to initiate 911 emergency services under Subsection (2) if the patient is in a facility equipped and staffed to provide adequate treatment.

(4)(a) An employer that employs an EMS employee under this rule shall maintain medical documentation as required in Subsection 53-2d-210(2)(e) for at least seven years from the date of patient discharge.

(b) Records shall be accessible during normal business hours within 24 hours of the request by the bureau.

History

KEY: non-911; minimum standards
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-210

Utah Admin. Code R911-12-5 Emergency Medical Service Employee Scope of Practice in Non-911 Medical Services

(1) An EMS employee may perform the skills within their scope of practice for their level of licensure.

(2) An EMS employee may provide non-911 emergency medical services outside the EMS employee scope of practice if:

(a) the non-911 emergency medical service is approved by the EMS employee's medical director;

(b) the EMS employee has been trained by the non-911 employer seeking to provide non-911 emergency medical services to perform the medical service;

(d) the employer accepts liability and responsibility for any act the employer authorizes the EMS employee to perform if the service is beyond the EMS employee's scope of practice for their level of licensure.

(3) This section does not expand or limit the scope of practice for an EMS employee when the EMS employee is responding to an emergency or providing 911 ambulance services.

History

KEY: non-911; minimum standards
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 53-2d-210