58-55-501 - Unlawful conduct.
58-55-501. Unlawful conduct.
Unlawful conduct includes:
(1) engaging in a construction trade, acting as a contractor, an alarm business orcompany, or an alarm company agent, or representing oneself to be engaged in a constructiontrade or to be acting as a contractor in a construction trade requiring licensure, unless the persondoing any of these is appropriately licensed or exempted from licensure under this chapter;
(2) acting in a construction trade, as an alarm business or company, or as an alarmcompany agent beyond the scope of the license held;
(3) hiring or employing in any manner an unlicensed person, other than an employee forwages who is not required to be licensed under this chapter, to engage in a construction trade forwhich licensure is required or to act as a contractor or subcontractor in a construction traderequiring licensure;
(4) applying for or obtaining a building permit either for oneself or another when notlicensed or exempted from licensure as a contractor under this chapter;
(5) issuing a building permit to any person for whom there is no evidence of a currentlicense or exemption from licensure as a contractor under this chapter;
(6) applying for or obtaining a building permit for the benefit of or on behalf of any otherperson who is required to be licensed under this chapter but who is not licensed or is otherwisenot entitled to obtain or receive the benefit of the building permit;
(7) failing to obtain a building permit when required by law or rule;
(8) submitting a bid for any work for which a license is required under this chapter by aperson not licensed or exempted from licensure as a contractor under this chapter;
(9) willfully or deliberately misrepresenting or omitting a material fact in connectionwith an application to obtain or renew a license under this chapter;
(10) allowing one's license to be used by another except as provided by statute or rule;
(11) doing business under a name other than the name appearing on the license, except aspermitted by statute or rule;
(12) if licensed as a specialty contractor in the electrical trade or plumbing trade,journeyman plumber, residential journeyman plumber, journeyman electrician, master electrician,or residential electrician, failing to directly supervise an apprentice under one's supervision orexceeding the number of apprentices one is allowed to have under his supervision;
(13) if licensed as a contractor or representing oneself to be a contractor, receiving anyfunds in payment for a specific project from an owner or any other person, which funds are topay for work performed or materials and services furnished for that specific project, and afterreceiving the funds to exercise unauthorized control over the funds by failing to pay the fullamounts due and payable to persons who performed work or furnished materials or serviceswithin a reasonable period of time;
(14) employing an unlicensed alarm business or company or an unlicensed individual asan alarm company agent, except as permitted under the exemption from licensure provisionsunder Section 58-1-307;
(15) if licensed as an alarm company or alarm company agent, filing with the divisionfingerprint cards for an applicant which are not those of the applicant, or are in any other wayfalse or fraudulent and intended to mislead the division in its consideration of the applicant forlicensure;
(16) if licensed under this chapter, willfully or deliberately disregarding or violating:
(a) the building or construction laws of this state or any political subdivision;
(b) the safety and labor laws applicable to a project;
(c) any provision of the health laws applicable to a project;
(d) the workers' compensation insurance laws of the state applicable to a project;
(e) the laws governing withholdings for employee state and federal income taxes,unemployment taxes, FICA, or other required withholdings; or
(f) reporting, notification, and filing laws of this state or the federal government;
(17) aiding or abetting any person in evading the provisions of this chapter or rulesestablished under the authority of the division to govern this chapter;
(18) engaging in the construction trade or as a contractor for the construction ofresidences of up to two units when not currently registered or exempt from registration as aqualified beneficiary under Title 38, Chapter 11, Residence Lien Restriction and Lien RecoveryFund Act;
(19) failing, as an original contractor, as defined in Section 38-11-102, to include in awritten contract the notification required in Section 38-11-108;
(20) wrongfully filing a mechanics' lien in violation of Section 38-1-25;
(21) if licensed as a contractor, not completing the approved continuing educationrequired under Section 58-55-302.5;
(22) an alarm company allowing an employee with a temporary license under Section58-55-312 to engage in conduct on behalf of the company outside the scope of the temporarylicense, as provided in Subsection 58-55-312(3)(a)(ii); and
(23) an alarm company agent under a temporary license under Section 58-55-312engaging in conduct outside the scope of the temporary license, as provided in Subsection58-55-312(3)(a)(ii).
Amended by Chapter 53, 2010 General Session
Amended by Chapter 387, 2010 General Session