Utah § 58-55-103 - Construction Services Commission created -- Functions -- Appointment -- Qualifications and terms of members -- Vacancies -- Expenses -- Meetings -- Concurrence. (Effective 1/1/2027)
Full text of Utah Utah Code § 58-55-103 — Construction Services Commission created -- Functions -- Appointment -- Qualifications and terms of members -- Vacancies -- Expenses -- Meetings -- Concurrence. (Effective 1/1/2027), with citation guidance and answers to common questions.
§ 58-55-103. Construction Services Commission created -- Functions -- Appointment -- Qualifications and terms of members -- Vacancies -- Expenses -- Meetings -- Concurrence. (Effective 1/1/2027)
Effective 1/1/2027 58-55-103.
Construction Services Commission created -- Functions -- Appointment -- Qualifications and terms of members -- Vacancies -- Expenses -- Meetings -- Concurrence.
(1)
(a)
There is created within the division the Construction Services Commission.
(b)
The duties, functions, and responsibilities of the commission include the following:
(i)
with the director's concurrence, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer and enforce this chapter, including rules that provide the standards for a licensee's:
(A)
license;
(B)
examination;
(C)
supervision of a student or a trainee preparing to obtain a license; and
(D)
professional conduct;
(ii)
approve a fee the division adopts under Section 63J-1-504;
(iii)
conduct an administrative hearing relating to licensing when the administrative hearing is not conducted by the board or delegated to an administrative law judge;
(iv)
except as provided in Sections 38-11-207 and 58-55-604, with the director's concurrence, impose sanctions against a licensee with the same authority as the division under Section 58-1-401;
(v)
advise the director on the administration and enforcement of matters affecting the division and the construction industry;
(vi)
advise the director on matters affecting the division's budget;
(vii)
advise trade associations in conducting construction trade seminars and industry education and promotion; and
(viii)
perform other duties as provided by this chapter.
(2)
(a)
The executive director, with the governor's approval, shall appoint commission members as follows:
(i)
one individual who is a qualifier for a licensed general engineering contractor as defined in Section 58-55-202;
(ii)
one individual who is a qualifier for a licensed general building contractor as defined in Section 58-55-202;
(iii)
two individuals who are qualifiers for separate licensed residential and small commercial contractors as defined in Section 58-55-202;
(iv)
one individual who is a licensed plumber and a member of the Electricians and Plumbers Licensing Board;
(v)
one individual who is a licensed electrician and a member of the Electricians and Plumbers Licensing Board; and
(vi)
one individual who is a member of the general public and who has never been licensed in a construction trade.
(3)
A commission member may not serve more than two consecutive terms.
(4)
The executive director, with the governor's approval, shall:
(a)
appoint or reappoint each member to a four-year term ending June 30, except as provided in Subsection (6); and
(b)
adjust terms at appointment or reappointment to stagger terms so that approximately half of the members' terms expire every two years.
(5)
The commission shall elect annually one of the commission members as the chair.
(6)
The executive director shall appoint a replacement for the remainder of the term when a vacancy occurs.
(7)
A member may not receive compensation or a benefit for the member's service, but may receive per diem and travel expenses in accordance with:
rules the Division of Finance makes in accordance with Sections 63A-3-106 and 63A-3-107.
(8)
(a)
The commission shall meet at least monthly unless the director determines otherwise.
(b)
The director may call additional meetings:
(i)
at the director's discretion;
(ii)
upon the request of the chair; or
(iii)
upon the written request of four or more commission members.
(9)
(a)
Five members are a quorum for the transaction of business.
(b)
If a quorum is present when the commission takes a vote, the affirmative vote of a majority of the commission members present is the act of the commission.
(10)
The commission shall comply with the procedures and requirements of Title 13, Chapter 1, Department of Commerce, and Title 63G, Chapter 4, Administrative Procedures Act, in all adjudicative proceedings.
(11)
(a)
When this chapter requires concurrence between the director or division and the commission:
(i)
the director or division shall report to and update the commission on a regular basis related to matters requiring concurrence; and
(ii)
the commission shall review the report the director or division submits under this Subsection (11)(a) and concur with the report, or:
(A)
provide a reason for not concurring with the report; and
(B)
provide recommendations to the director or division.
(b)
The director is the final authority if a provision of this chapter requires concurrence between the director or division and the commission and there is no concurrence.
Section 58-55-103 ("Construction Services Commission created -- Functions -- Appointment -- Qualifications and terms of members -- Vacancies -- Expenses -- Meetings -- Concurrence. (Effective 1/1/2027)") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 58-55-103?
A common citation format is "Utah Code § 58-55-103" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 58-55-103 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
