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[Utah Code Table of Contents]
[TITLE 36. Table of Contents]
36-23-101 Title.
This chapter is known as the "Occupational and Professional
Licensure Review Committee Act."
1999
36-23-102 Occupational and Professional Licensure Review Committee - Definition - Membership - Chairs.
(1) There is created the Occupational and Professional Licensure Review Committee.
(2) As used in this chapter, "committee" means the Occupational and Professional Licensure Review Committee.
(3) The committee consists of 13 members appointed as follows:
(a) three members of the House of Representatives, appointed by the speaker of the House, no more than two from the same political party;
(b) three members of the Senate, appointed by the president of the Senate, no more than two from the same political party; and
(c) seven public members appointed jointly by the speaker of the House and the president of the Senate as follows:
(i) four members who have previously served, but are no longer serving, on any of the advisory boards created under Title 58; and
(ii) three members from the general public who do not hold any type of license issued by the Division of Occupational and Professional Licensing.
(4) (a) The speaker of the House of Representatives shall designate a member of the House of Representatives appointed under Subsection(3)(a) as a cochair of the committee.
(b) The president of the Senate shall designate a member
of the Senate appointed under Subsection (3)(b) as a cochair
of the committee.
1999
36-23-103 Terms - Vacancies.
(1) Legislators serving on the committee shall serve two-year terms or until their successors are appointed.
(2) (a) Except as provided in Subsection (2)(b), public members shall serve up to three-year terms or until their successors are appointed.
(b) The speaker of the House and the president of the Senate shall, at the time of appointment or reappointment, adjust the length of terms of the public members to ensure that approximately one-third of the public members are appointed every year.
(3) A vacancy exists whenever a committee member ceases
to be a member of the Legislature or when a member resigns
from the committee. Vacancies shall be filled by the appointing
authority, and the replacement member shall serve for the
remaining unexpired term.
1999
36-23-104 Meetings - Compensation - Quorum - Rules.
(1) The committee may meet as needed, at the call of the committee chairs, to carry out the duties set forth in Section 36-23-106 .
(2) (a) Legislators on the committee receive compensation and expenses as provided by law and legislative rule.
(b) (i) Public members on the committee receive no compensation or benefits for their service, but may receive per diem and expenses incurred in the performance of the members' official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Public members may decline to receive per diem and expenses for their service.
(3) Seven members of the committee constitute a quorum.
(4) In conducting all its business, the committee shall
comply with the rules of legislative interim committees regarding
motions.
1999
36-23-105 Applications - Fees.
(1) Representatives of occupations or professions who desire to have their occupation or profession licensed or regulated by the state may, prior to the introduction of any proposed legislation, submit an application for sunrise review to the Office of Legislative Research and General Counsel in a form approved by the committee.
(2) Applicants shall submit a nonrefundable fee of $500
with each application. All application fees shall be deposited
in the General Fund.
1999
36-23-106 Duties.
The committee shall:
(1) receive applications from representatives of professions or occupations which are seeking legislation to license or regulate that profession or occupation;
(2) hold public hearings to review applications received under Subsection (1) and to determine, based upon the criteria in Section 36-23-107 , if the profession or occupation should be licensed or regulated by the state;
(3) conduct sunset reviews, based upon the criteria in Section 36-23-107 , Title 63, Chapter 55, Legislative Oversight and Sunset Act, and other appropriate criteria, for any occupational or professional license classifications which are referred to the committee by any other legislative committee; and
(4) submit a written report to the speaker of the House
of Representatives and the president of the Senate of all
findings and recommendations made by the committee under
Subsections (2) and (3).
1999
36-23-107 Review criteria.
When reviewing applications received under Subsection 36-23-106 (2) and when conducting sunset reviews under Subsection 36-23-106 (3), the committee shall use the following criteria to determine whether or not the occupation or profession should be licensed or regulated by the state:
(1) whether the unregulated practice of the occupation or profession has clearly harmed or may harm or endanger the health, safety, or welfare of the public, and whether the potential for harm is easily recognizable and not remote;
(2) whether the public needs, and can reasonably be expected to benefit from, an assurance of initial and continuing professional or occupational competence;
(3) whether regulation of the profession or occupation imposes significant new economic hardship on the public, significantly diminishes the supply of qualified practitioners, or otherwise creates barriers to service that are not consistent with the public welfare or interest;
(4) whether the occupation requires possession of knowledge, skills, and abilities that are both teachable and testable;
(5) whether the occupation is clearly distinguishable from other occupations that are already regulated;
(6) whether the occupational or professional group has an established code of ethics, a voluntary certification program, or other measures to ensure a minimum quality of service;
(7) whether the occupation or professional group is seeking licensure for the treatment of an illness, injury, or health care condition and will request payment of benefits for the treatment under an insurance contract subject to Section 31A-22-618 ;
(8) whether the public can be adequately protected by means other than regulation; and
(9) other appropriate criteria as determined by the committee.
2003
36-23-108 Staff support.
The Office of Legislative Research and General Counsel
shall provide staff services to the committee.
1999
