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[Utah Administrative Code Table of Contents]
[Title R070. Table of Contents]
R70-910-1 Authority.
Promulgated under Section 4-9-2.
R70-910-2 Policy.
It shall be the policy of the Division of Regulatory Services, Motor Fuel Testing and Marketing Licensing, of the Utah Department of Agriculture and Food to accept voluntary registration of:
A. an individual and/or
B. an agency that provides acceptable evidence that he or it is fully qualified to install, service, repair, or recondition a commercial weighing or measuring device; has a thorough working knowledge of all appropriate weights and measures laws, orders, rules, and regulations; and has possession of, or has accessible for his use, weights and measures standards and testing equipment certified by the Department of Agriculture and Food to be appropriate in design and capacity. This policy shall in no way preclude or limit the right and privilege of any qualified individual or agency not registered with the Department of Agriculture and Food to install, service, repair, or recondition a commercial weighing or measuring device.
R70-910-3 Definitions.
A. "Registered Servicemen" - shall be construed to mean any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs or reconditions a commercial weighing or measuring device, and who voluntarily registers himself as such with the Department of Agriculture and Food.
B. "Registered Service Agency" - shall be construed to mean any agency, firm, company, or corporation which, for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and which voluntarily registers itself as such with the Department of Agriculture and Food. Under agency registration, identification of individual servicemen shall be required.
C. "Commercial Weighing and Measuring Device" - shall include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, product, or articles for distribution or consumption, purchased, offered or submitted for sale, hire, or award or in computing any basic charge or payment for services rendered on the basis of weight or measure, and shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects, or may affect, the accuracy of the device.
R70-910-4 Reciprocity.
The Department of Agriculture and Food may enter into a reciprocal agreement with any other State or States that have similar voluntary registration policies. Under such agreement, the Registered Servicemen and the Registered Service Agencies of the States party to the reciprocal agreement are granted full reciprocal authority, including reciprocal recognition of certification of standards and testing equipment, in all states party to such agreement.
R70-910-5 Registration Fee.
Upon application for and renewal of registration, the applicant shall pay to the Department of Agriculture and Food a fee of $10.00 per Registered Serviceman or $50.00 per Registered Service Agency. Registration shall expire December 31 of each year, and shall be renewed annually.
R70-910-6 Voluntary Registration.
An individual or agency may apply for voluntary registration to service weighing devices or measuring devices on an application form supplied by the Department of Agriculture and Food. Said form, duly signed and witnessed, shall include certification by the applicant that the individual or agency is fully qualified to install, service, repair, or recondition such devices as specified upon registration; has in possession, or available for his use, all necessary testing equipment and standards; and has full knowledge of all appropriate weights and measures laws, orders, rules, and regulation. An applicant also shall submit appropriate evidence or references as to qualifications.
R70-910-7 Certificate of Registration.
Upon receipt and acceptance of a properly executed application form, the Department of Agriculture and Food shall issue to the applicant a "Certificate of Registration," including an assigned registration number, which shall remain effective until returned by the applicant, withdrawn by the Department of Agriculture and Food, or registration expires.
R70-910-8 Privileges of a Voluntary Registrant.
The bearer of a Certificate of Registration shall have the authority to remove an official rejection tag or mark placed on a weighing or measuring device by the authority of the Department of Agriculture and Food; place in service, until such time as an official examination can be made, a weighing or measuring device that has been officially rejected; and place in service, until such time as an official examination can be made, a new or used weighing or measuring device.
R70-910-9 Place in Service Report.
The Department of Agriculture and Food shall furnish each Registered Serviceman and Registered Service Agency with a supply of report forms to be known as "Placed in Service Reports". Such a form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by a Registered Serviceman or by a serviceman representing a Registered Agency for each rejected device restored to service and for each newly installed device placed in service. Within 24 hours after a device is restored to service, or placed in service, the original of the properly executed Place in Service Report, together with any official rejection tag removed from the device, shall be mailed to the Department of Agriculture and Food, the Division of Regulatory Services, Motor Fuel Testing and Marketing Licensing, 350 North Redwood Rd, PO Box 146500, Salt Lake City, UT 84114-6500. The duplicate copy of the report shall be retained by the owner or operator of the device, and the triplicate copy of the report shall be retained by the Registered Serviceman or Agency.
R70-910-10 Standards and Testing Equipment.
A Registered Serviceman and a Registered Service Agency shall submit, at least biennially to the Department of Agriculture and Food, for examination and certification, any testing equipment and standards that are used, or are to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered. A Registered Serviceman or Agency shall not use in officially servicing commercial weighing or measuring devices any standards or testing equipment that have not been certified by the Department of Agriculture and Food.
R70-910-11 Qualification to Service Heavy Capacity Scales.
No registered service agency or serviceman shall be qualified to place in service or remove a Rejection Tag from a heavy capacity scale unless such registered service agency or serviceman has adequate testing weights certified by the Utah Department of Agriculture and Food, Division of Regulatory Services, Motor Fuel Testing and Marketing Licensing. Adequate testing weights shall be deemed to be 10,000 pounds of test weights or one-fourth the capacity of the scale, whichever is less.
R70-910-12 Revocation of Certificate of Registration.
The Department of Agriculture and Food may, for good cause, after careful investigation, consideration, and due notice and process which shall include an opportunity for a hearing, suspend or revoke a Certificate of Registration, Section 4-1-5 and Section 63-46b.
R70-910-13 Publication of Lists of Registered Servicemen and Registered Service Agencies.
The Department of Agriculture and Food shall publish, and may supply upon request, lists of Registered Servicemen and Registered Service Agencies.
[Indexing]
KEY: inspections
1987
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
4-9-2
Notice of Continuation August 21, 1996
