Commerce - Occupational and Professional Licensing - General Rule of the Division of Occupational and Professional Licensing (United States)

Commerce - Occupational and Professional Licensing - General Rule of the Division of Occupational and Professional Licensing

Published: 2021-03-25

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R156. Commerce, Occupational and Professional Licensing.

R156-1. General Rule of the Division of Occupational and Professional Licensing.

R156-1-101. Title.

This rule is known as the "General Rule of the Division of Occupational and Professional Licensing."

R156-1-102. Definitions.

In addition to the definitions in Title 58, Occupations and Professions, as used in Title 58, Occupations or Professions or in this Title R156, Occupational and Professional Licensing, the following rule definitions supplement the statutory definitions:

(1)(a) "Active and in good standing" means a licensure status that allows the licensee full privileges to engage in the practice of the occupation or profession subject to the scope of the licensee's license classification.

(b) A license that has been placed on probation subject to terms and conditions is not active and in good standing.

(2) "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. Aggravating circumstances include:

(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 Division;

(f) submission of false evidence, false statements or other deceptive practices during the disciplinary process including creating, destroying or altering records after an investigation has begun;

(g) refusal to acknowledge the wrongful nature of the misconduct involved, either to the client or to the Division;

(h) vulnerability of the victim;

(i) lack of good faith to make restitution or to rectify the consequences of the misconduct involved;

(j) illegal conduct, including the use of controlled substances; and

(k) intimidation or threats of withholding clients' records or other detrimental consequences if the client reports or testifies regarding the unprofessional or unlawful conduct.

(3) "Cancel" or "cancellation" means nondisciplinary action by the Division to rescind, repeal, annul, or void a license:

(a) issued to a licensee in error, such as where a license is issued to an applicant:

(i) whose payment of the required application fee is dishonored when presented for payment;

(ii) who has been issued a conditional license pending a criminal background check and the check cannot be completed due to the applicant's failure to resolve an outstanding warrant or to submit acceptable fingerprint cards;

(iii) who has been issued the wrong classification of licensure; or

(iv) due to any other error in issuing a license; or

(b) not issued erroneously, but where subsequently the licensee fails to maintain the ongoing qualifications for licensure, when such failure is not otherwise defined as unprofessional or unlawful conduct.

(4) "Charges" means the acts or omissions alleged to constitute either unprofessional or unlawful conduct or both by a licensee, that serve as the basis to consider a licensee for inclusion in the Utah Professionals Health Program authorized in Title 58, Chapter 4a, Utah Professionals Health Program.

(5) "Conditional licensure" means an interim non-adverse licensure action, in which a license is issued to an applicant for initial, renewal, or reinstatement of licensure on a conditional basis in accordance with Section R156-1-308f, while an investigation, inspection, or audit is pending.

(6) "Denial of licensure" means action by the Division refusing to issue a license to an applicant for initial licensure, renewal of licensure, reinstatement of licensure, or relicensure.

(7)(a) "Disciplinary action" means adverse licensure action by the Division under the authority of Subsections 58-1-401(2)(a) or (b).

(b) "Disciplinary action" as used in Subsection 58-1-401(6):

(i) means an adverse action initiated by the Division; and

(ii) does not mean an adverse licensure action taken by the Division in response to an application for licensure.

(8) "Duplicate license" means a license reissued to replace a license that has been lost, stolen, or mutilated.

(9) "Emergency review committee" means an emergency adjudicative proceedings review committee created by the Division under the authority of Subsection 58-1-108(2).

(10) "Expire" or "expiration" means the automatic termination of a license that occurs:

(a) at the expiration date shown upon a license if the licensee fails to renew the license before the expiration date; or

(b) prior to the expiration date shown on the license:

(i) upon the death of a licensee who is a natural person;

(ii) upon the dissolution of a licensee who is a partnership, corporation, or other business entity; or

(iii) upon the issuance of a new license that supersedes an old license, including a license that:

(A) replaces a temporary license;

(B) replaces a student or other interim license that is limited to one or more renewals or other renewal limitation; or

(C) is issued to a licensee in an upgraded classification permitting the licensee to engage in a broader scope of practice in the licensed occupation or profession.

(11) "Inactive" or "inactivation" means action by the Division to place a license on inactive status in accordance with Section 58-1-305 and Section R156-1-305.

(12) "Investigative subpoena authority" means, except as otherwise specified in writing by the director, the Division regulatory and compliance officer, or if the Division regulatory and compliance officer is unable to so serve for any reason, a Department administrative law judge, or if both the Division regulatory and compliance officer and a Department administrative law judge are unable to so serve for any reason, an alternate designated by the director in writing.

(13) "License" means a right or privilege to engage in the practice of a regulated occupation or profession as a licensee.

(14) "Limit" or "limitation" means nondisciplinary action placing either terms and conditions or restrictions, or both upon a license:

(a) issued to an applicant for initial licensure, renewal or reinstatement of licensure, or relicensure; or

(b) issued to a licensee in place of the licensee's current license or disciplinary status.

(15) "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.

(a) Mitigating circumstances include:

(i) absence of prior record of disciplinary action, unlawful conduct or unprofessional conduct;

(ii) personal, mental or emotional problems provided such 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 engaged in work situations or similar situations where the licensee or applicant should know that they should refrain from engaging in activities that may pose such a risk;

(iii) timely and good faith effort to make restitution or rectify the consequences of the misconduct involved;

(iv) full and free disclosure to the client or Division prior to the discovery of any misconduct;

(v) inexperience in the practice of the occupation or 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 prior to beginning work on a particular matter;

(vi) imposition of other penalties or sanctions if the other penalties and sanctions have alleviated threats to the public health, safety, and welfare; and

(vii) remorse.

(b) The following factors may not be considered as mitigating circumstances:

(i) forced or compelled restitution;

(ii) withdrawal of complaint by client or other affected persons;

(iii) resignation prior to disciplinary proceedings;

(iv) failure of injured client to complain;

(v) complainant's recommendation as to sanction; or

(vi) in an informal disciplinary proceeding brought pursuant to Subsections 58-1-501(2)(c), 58-1-501(2)(d), or R156-1-501(1) through (5):

(A) argument that a prior proceeding was conducted unfairly, contrary to law, or in violation of due process or any other procedural safeguard;

(B) argument that a prior finding or sanction was contrary to the evidence or entered without due consideration of relevant evidence;

(D) argument or evidence that former statements of a respondent made in conjunction with a plea or settlement agreement are not, in fact, true.

(16) "Nondisciplinary action" means adverse licensure action by the Division under the authority of Subsections 58-1-401(1) or 58-1-401(2)(c) or (d).

(17) "Peer committee" mean an advisory peer committee to a board that is created by the legislature in Title 58, Occupations and Professions, or created by the Division under the authority of Subsection 58-1-203(1)(f).

(18) "Probation" means disciplinary action placing terms and conditions upon a license;

(a) issued to an applicant for initial licensure, renewal or reinstatement of licensure, or relicensure; or

(b) issued to a licensee in place of the licensee's current license or disciplinary status.

(19) "Public reprimand" means disciplinary action to formally reprove or censure a licensee for unprofessional or unlawful conduct, with the documentation of the action being classified as a public record.

(20) "Regulatory authority" as used in Subsection 58-1-501(2)(d) means any governmental entity who licenses, certifies, registers, or otherwise regulates persons subject to its jurisdiction, or who grants the right to practice before or otherwise do business with the governmental entity.

(21) "Reinstate" or "reinstatement" means to:

(a) activate an expired license; or

(b) restore a license that is restricted as defined in Subsection (24)(b), suspended, or on probation, to a less restrictive license or an active in good standing license.

(22) "Relicense" or "relicensure" means to license an applicant who has previously been revoked or has previously surrendered a license.

(23) "Remove or modify restrictions" means to remove or modify restrictions, as defined in Subsection (24)(a), placed on a license issued to an applicant for licensure.

(24) "Restrict" or "restriction" means disciplinary action qualifying or limiting the scope of a license:

(a) issued to an applicant for initial licensure, renewal or reinstatement of licensure, or relicensure in accordance with Section 58-1-304; or

(b) issued to a licensee in place of the licensee's current license or disciplinary status.

(25) "Revoke" or "revocation" means disciplinary action by the Division extinguishing a license.

(26) "Suspend" or "suspension" means disciplinary action by the Division removing the right to use a license for a period of time or indefinitely as indicated in the disciplinary order, with the possibility of subsequent reinstatement of the right to use the license.

(27) "Surrender" means voluntary action by a licensee giving back or returning to the Division in accordance with Section 58-1-306, all rights and privileges associated with a license issued to the licensee.

(28) "Temporary license" or "temporary licensure" means a license issued by the Division on a temporary basis to an applicant for initial licensure, renewal or reinstatement of licensure, or relicensure in accordance with Section 58-1-303.

(29) "Unprofessional conduct" as defined in Title 58 is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-1-501.

(30) A "warning or final disposition letter that does not constitute disciplinary action" as used in Subsection 58-1-108(3) means a letter that does not contain findings of fact or conclusions of law and does not constitute a reprimand, but that may address one or more of the following:

(a) Division concerns;

(b) allegations upon which those concerns are based;

(d) disposition of Division concerns.

R156-1-102a. Global Definitions of Levels of Supervision.

(1) In accordance with Subsection 58-1-106(1)(a), except as otherwise provided by statute or rule, this section's global definitions of levels of supervision shall apply to supervision terminology used in Title 58, Occupations and Professions, and this Title R156, and shall be referenced and used to the extent practicable in those statutes and rules to promote uniformity and consistency.

(2) Except as otherwise provided by statute or rule, unlicensed personnel allowed to practice a regulated occupation or profession shall practice under an appropriate level of supervision as defined in this section, as specified by the licensing act or licensing act rule governing that occupation or profession.

(3) Except as otherwise provided by statute or rule, a license classification required to practice under supervision shall practice under an appropriate level of supervision defined in this section, as specified by the licensing act or licensing act rule governing that occupation or profession.

(4) Levels of supervision are defined as follows:

(a) "Direct supervision" and "immediate supervision" mean the supervising licensee is present and available for face-to-face communication with the person being supervised when and where occupational or professional services are being provided.

(b) "Indirect supervision" means the supervising licensee:

(i) has given either written or verbal instructions to the person being supervised;

(ii) is present in the facility or located on the same premises where the person being supervised is providing services; and

(iii) is available to provide immediate face-to-face communication with the person being supervised as necessary.

(i) has authorized the work to be performed by the person being supervised;

(ii) is available for consultation with the person being supervised by personal face-to-face contact, or direct voice contact by electronic or other means, without regard to whether the supervising licensee is present in the facility or located on the same premises where the person being supervised is providing services;

(iii) can provide any necessary consultation within a reasonable period of time; and

(iv) personal contact is routine.

(5) "Supervising licensee" means a licensee who has satisfied the requirements to act as a supervisor and has agreed to supervise an unlicensed individual or a licensee in a classification or licensure status that requires supervision in accordance with this chapter.

R156-1-103. Authority - Purpose.

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Occupations and Professions.

R156-1-106. Division - Duties, Functions, and Responsibilities.

(1) Each person requesting a licensee list pursuant to Section 58-1-106 and this section shall apply to the Division upon a form prescribed by the Division in which the requester:

(a) agrees to use the information received only for he purposes for which the requester is authorized;

(b) agrees to not disclose the information received to other persons;

(d) attests that the requester shall adhere to the restrictions of this section; and

(e) acknowledges that the information received is a DOPL record under Title 63G, Chapter 2, Government Records Access and Management Act (GRAMA), and that a violation of Section 58-1-106 or this section may subject the requester to criminal penalties and other remedies under GRAMA.

(2) In accordance with Subsections 58-1-106(1)(k) and 58-1-106(2), the Division may provide the following requesters a list of multiple licensees, and include licensee home telephone numbers, home addresses, or email addresses:

(a) a governmental entity, including another state or territory or its regulatory agency;

(b) a government-managed corporation;

(d) the federal government;

(e) a party to a prelitigation proceeding convened by the Division under Title 78B, Chapter 3, Part 4, Utah Health Care Malpractice Act;

(f) a medical reserve corps, public safety authority, host entity, unified command, or other person concurrently engaged with a person described in Subsections (2)(a) through (d), for the sole purpose of preparing for, participating in, or responding to an emergency described in Section 58-1-307;

(g) a research university or regional university in the Utah System of Higher Education, for the sole purpose of conducting research; or

(h)(i) the following persons, for the sole purpose of providing licensees continuing education that meets the requirements of Title 58, Occupations and Professions, and this Title R156:

(A) an occupational or professional association;

(B) a non-profit regulatory association in which the Division holds membership;

(D) a trade union; or

(E) a school of higher education and training such as a university, college, technical college, or career and technical school;

(ii) As used in Subsection (2)(g), "providing licensees continuing education" does not mean providing general information, learning opportunities, marketing, or outreach, including the following:

(A) volunteer opportunities, even if the volunteer would receive training and practical education;

(B) involvement in advocating for legislation;

(D) solicitations or recruitment for membership; or

(E) continuing education advertisements in a newsletter or other communication issued by the requester that also contains non-continuing education advertisements or other information, unless:

(I) the newsletter is issued by a Utah non-profit occupational or professional association or trade union; and

(II) the Division determines the newsletter's primary focus is communicating educational articles and information about continuing education, and only incidentally contains advertisements and solicitations for membership.

(3)(a) In accordance with Subsection 58-1-106(3)(c), proper identification of an individual who requests the address or telephone number of a licensee under Subsection 58-1-106(3)(a) shall consist of the individual's:

(i) full legal name;

(ii) mailing address;

(iii) email address;

(iv) daytime phone number; and

(v) current positive identification.

(b) "Positive identification" for this section means:

(i) one of the following photo identification issued by a foreign or domestic government:

(A) driver's license;

(B) non-driver identification card;

(D) military identification; or

(E) concealed weapons permit; or

(ii) if the individual does not have government-issued identification, alternative evidence of the individual's identity as determined appropriate by the Division, if the Division documents on the requester's application how the individual was positively identified.

(c) In accordance with Subsections 58-1-106(3)(a) and (b), the Division may deny an individual's request for an address, email address, or telephone number of a licensee if the Division determines the reason for the request is an unwarranted invasion of privacy or a threat to the public health, safety, and welfare.

R156-1-107. Organization of Rules - Content, Applicability and Relationship of Rules.

(1) The rules and sections in this Title R156 shall, to the extent practicable, follow the numbering and organizational scheme of the chapters in Title 58, Occupations and Professions.

(2) Rule R156-1 shall contain general provisions applicable to the administration and enforcement of occupations and professions regulated in Title 58, Occupations and Professions.

(3) The other rules in this Title R156 shall contain specific or unique provisions applicable to particular occupations or professions.

(4) Specific rules in this Title R156 may supplement or alter Rule R156-1 unless expressly provided otherwise in Rule R156-1.

R156-1-109. Presiding Officers.

In accordance with Subsection 63G-4-103(1)(h) and Sections 58-1-104, 58-1-106, 58-1-109, 58-1-202, 58-1-203, 58-55-103, and 58-55-201, except as otherwise specified in writing by the Director, or for Title 58, Chapter 55, Utah Construction Trades Licensing Act, by the Construction Services Commission, the following are designated as the Division's presiding officers:

(1)(a) The Division Regulatory and Compliance Officer is the presiding officer for issuance of:

(i) notices of agency action; and

(ii) notices of hearing issued concurrently with a notice of agency action or issued in response to a request for agency action.

(b) If the Division Regulatory and Compliance Officer is unable to serve, an alternate presiding officer specified in writing by the Director shall serve.

(2) In accordance with Subsections 58-1-109(2) and 58-1-109(4) a Department administrative law judge is the presiding officer for entering an order of default against a party and conducting further proceedings necessary to complete the adjudicative proceeding, including issuing a recommended order to the Director or Construction Services Commission determining the discipline to be imposed, licensure action to be taken, relief to be granted, or other appropriate matters.

(3) Except as provided in Subsection (4), the presiding officers for adjudicative proceedings before the Division are as follows:

(a) The Director is the presiding officer for the following adjudicative proceedings, however resolved, including stipulated settlements and hearings:

(i) formal adjudicative proceedings under:

(A) Subsection R156-46b-201(1)(b), request for declaratory order conducted as a formal adjudicative proceeding;

(B) Subsection R156-46b-201(2)(a), formal disciplinary proceeding for revocation, suspension, restricted licensure, probationary licensure, cease and desist order or administrative fine not through citation, or public reprimand;

(D) Subsection R156-46b-201(2)(c), termination of diversion agreement or program contract under Section 58-4a-107; and

(ii) informal adjudicative proceedings under:

(A) Subsection R156-46b-202(1)(d), payment of approved claim against the Residence Lien Recovery Fund;

(B) Subsection R156-46b-202(1)(e)(iii), approval or denial of request for modification of a disciplinary order;

(C) Subsection R156-46b-202(1)(e)(v), approval or denial of request for correction of other than procedural or clerical mistakes;

(D) Subsection R!56-46b-202(1)(h), request for declaratory order conducted as an informal adjudicative proceeding;

(E) Subsection R156-46b-202(1)(i), disciplinary sanction imposed in a stipulation or memorandum of understanding with a licensure applicant;

(F) Subsection R156-46b-202(1)(j), other requests for agency action not designated as a formal adjudicative proceeding;

(G) Subsection R156-46b-202(2)(a), nondisciplinary proceeding that results in cancellation of licensure;

(H) Subsection R156-46b-202(2)(b)(ii), disciplinary proceeding against a controlled substance licensee;

(I) Subsection R156-46b-202(2)(c), disciplinary proceeding concerning violation of an order governing a license; and

(J) Subsection R156-46b-202(2)(d), disciplinary proceeding limited to Subsections 58-1-501(2)(c) or (d) or R156-1-501(1) through (5).

(b) The bureau manager or program coordinator over the occupation or profession or program involved is the presiding officer for:

(i) formal adjudicative proceedings under Subsection R156-46b-201(1)(c), for determining if a request for a board of appeal is properly filed under Subsections R156-15A-210(1) through (4); and

(ii) informal adjudicative proceedings under:

(A) Subsection R156-46b-202(1)(a), approval or denial of an application for initial licensure, renewal, reinstatement, inactive or emeritus status, tax credit certificate, or criminal history determination;

(B) Subsection R156-46b-202(1)(b), favorable or unfavorable criminal history determination;

(D) Subsection R156-46b-202(1)(e)(iv), approval or denial of request for correction of procedural or clerical mistakes;

(E) Subsection R156-46b-202(2)(b)(iii), disciplinary proceeding against a contract security company or armored car company for failure to replace a qualifier;

(F) Subsection R156-46b-202(2)(b)(iv), disciplinary proceeding against a hunting guide or outfitter for unprofessional conduct under Subsections R156-79-502(12) or R156-79-502(14); and

(G) Subsection R156-46b-202(2)(e), disciplinary proceeding concerning evaluation or verification of documentation regarding renewal requirements.

(iii) At the direction of a bureau manager or program coordinator, a licensing technician or program technician may sign an informal order in the technician's name if:

(A) the bureau manager or program coordinator approves the wording in advance; and

(B) the caption "FOR THE BUREAU MANAGER" or "FOR THE PROGRAM COORDINATOR" immediately precedes the technician's signature.

(c) A Department administrative law judge licensed in good standing with the Utah State Bar, or a Department administrative employee licensed in good standing with the Utah State Bar as designed by a Department administrative law judge, is the presiding officer for informal citation hearings under Subsection R156-46b-202(1)(g).

(d)(i) The Uniform Building Code Commission is the presiding officer for formal adjudicative proceedings under Subsection R156-46b-201(1)(c) for convening a board of appeal under Subsection 15A-1-207(3), serving as fact finder at the evidentiary hearing, and entering the final order.

(ii) A Department administrative law judge shall conduct the hearing as specified in Subsection 58-1-109(2).

(e) The Residence Lien Recovery Fund manager, bureau manager, or program coordinator designated in writing by the Director is the presiding officer for informal adjudicative proceedings under Subsection R156-46b-202(1)(c), for approval or denial of claims against the Residence Lien Recovery Fund.

(f)(i) The Utah Professionals Health Program manager is the presiding officer for informal adjudicative proceedings under:

(A) Subsection R156-46b-202(1)(e)(ii), entry into and participation in the Utah Professionals Health Program; and

(B) Subsection R156-46b-202(1)(f), matters relating to the Utah Professionals Health Program that do not involve termination under Section 58-4a-107.

(ii) If the Utah Professionals Health Program manager is unable to serve, an alternate presiding officer specified in writing by the Director shall serve.

(4) The presiding officers and process for adjudicative proceedings under Title 58, Chapter 55, Utah Construction Trades Licensing Act, are as follows:

(a) (i)(A) The Construction Services Commission is the presiding officer for adjudicative proceedings under Title 58, Chapter 55, Utah Construction Trades Licensing Act, however resolved including stipulated settlements and hearings, except as otherwise specified in this rule.

(B) Orders adopted by the Commission as presiding officer shall require the concurrence of the Director.

(ii) The Construction Services Commission is the presiding officer:

(A) for informal adjudicative proceedings under:

(I) Subsection R156-46b-202(1)(e)(iii), approval or denial of request for modification of a disciplinary order;

(II) Subsection R156-46b-202(1)(e)(v), approval or denial of request for correction of other than procedural or clerical mistakes;

(III) Subsection R156-46b-202(1)(h), request for declaratory order conducted as an informal adjudicative proceeding;

(IV) Subsection R156-46b-202(1)(i), disciplinary sanctions imposed in a stipulation or memorandum of understanding with a licensure applicant;

(V) Subsection R156-46b-202(1)(j), other requests for agency action not designated as a formal adjudicative proceeding;

(VI) Subsection R156-46b-202(2)(b)(i), disciplinary proceedings against a contractor, plumber, electrician, or alarm company;

(VII) Subsection R156-46b-202(2)(c), disciplinary proceedings concerning violations of an order governing a license; and

(VIII) Subsection R156-46b-202(2)(d), disciplinary proceeding limited to Subsections 58-1-501(2)(c) or (d) or R156-1-501(1) through (5);

(B) to serve as fact finder and adopt orders in formal evidentiary hearings for adjudicative proceedings involving persons licensed or required to be licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and

(C)(I) to review recommended orders of a board, an administrative law judge, or other presiding officer who acted as the fact finder in an evidentiary hearing involving a person licensed or required to be licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, and to adopt an order of its own; and

(II) in adopting its order, the Construction Services Commission may accept, modify or reject the recommended order.

(iii)(A) Orders of the Construction Services Commission shall address the issues before the Construction Services Commission and shall be based upon the record developed in an adjudicative proceeding conducted by the Construction Services Commission.

(B) If the Commission has designated another presiding officer to conduct an adjudicative proceeding and submit a recommended order, the record to be reviewed by the Construction Services Commission shall consist of the findings of fact, conclusions of law, and recommended order submitted by the presiding officer based upon the evidence presented in the adjudicative proceeding before the presiding officer.

(iv)(A) The Construction Services Commission or its designee shall submit an adopted order to the Director for the Director's concurrence or rejection within 30 days after it receives a recommended order or adopts an order, whichever is earlier.

(B) An adopted order is issued and becomes a final order upon the concurrence of the Director.

(v)(A) In accordance with Subsection 58-55-103(10), if the Director or the Director's designee refuses to concur in an adopted order, the Director or the Director's designee shall return the adopted order to the Construction Services Commission or its designee with the reasons in writing.

(B) The Construction Services Commission or its designee shall reconsider the returned adopted order and resubmit an adopted order to the Director or the Director's designee, whether or not modified, within 30 days of the date of the initial or subsequent return.

(C) The Director or the Director's designee shall consider the resubmitted adopted order and either concur rendering the order final, or refuse to concur and issue a final order, within 90 days of the date of the initial recommended order.

(D) If the time frames in this subsection are followed, this subsection shall not preclude an informal resolution such as an executive session of the Construction Services Commission or its designee with the Director or the Director's designee to resolve the reasons for the Director's refusal to concur in an adopted order.

(vi) The record of the adjudicative proceeding shall include recommended orders, adopted orders, refusals to concur in adopted orders, and final orders.

(vii) The final order issued by the Construction Services Commission and concurred in by the Director or the Director's designee, or nonconcurred in by the Director or the Director's designee and issued by the Director or the Director's designee, may be appealed by filing a request for agency review with the Executive Director or designee within the Department.

(viii) The content of orders shall comply with Sections 63G-4-203(1), 63G-4-208, and 63G-4-209.

(b) The Director or the Director's designee is the presiding officer for the concurrence role in disciplinary proceedings under Subsections R156-46b-202(2)(b)(i), R156-46b-202(2)(c), and R156-46b-202(2)(d) as required by Subsection 58-55-103(1)(b)(iv).

(c) A Department administrative law judge is the presiding officer to conduct formal adjudicative proceedings before the Construction Services Commission and its advisory boards, as specified in Subsection 58-1-109(2).

(d) The bureau manager is the presiding officer to conduct informal adjudicative proceedings under:

(i) Subsections R156-46b-202(1)(a)(i) through (1)(a)(iv), approval or denial of an application for initial licensure, renewal, reinstatement, inactive or emeritus status;

(ii) Subsection R156-46b-202(1)(a)(vi), approval or denial of an application for criminal history determination;

(iii) Subsection R156-46b-202(1)(b), favorable or unfavorable criminal history determination;

(iv) Subsection R156-46b-202(1)(e)(i), approval or denial of request to surrender licensure;

(v) Subsection R156-46b-202(1)(e)(iv), approval or denial of request for correction of procedural or clerical mistakes; and

(vi) Subsection R156-46b-202(2)(e), disciplinary proceeding concerning evaluation or verification of documentation regarding renewal requirements.

(e) At the direction of a bureau manager, a licensing technician may sign an informal order in the name of the licensing technician if:

(i) the bureau manager approves the wording in advance; and

(ii) the caption "FOR THE BUREAU MANAGER" immediately precedes the licensing technician's signature.

(f) Except as specified in Subsection (c), the Plumbers Licensing Board is the presiding officer to serve as the fact finder and to issue recommended orders to the Construction Services Commission in formal evidentiary hearings for adjudicative proceedings involving persons licensed as or required to be licensed as plumbers.

(g) Except as specified in Subsection (c), the Electricians Licensing Board is the presiding officer to serve as the fact finder and to issue recommended orders to the Construction Services Commission in formal evidentiary hearings for adjudicative proceedings involving persons licensed as or required to be licensed as electricians.

(h) Except as specified in Subsection (c), the Alarm System Security and Licensing Board is the presiding officer to serve as the fact finder and to issue recommended orders to the Construction Services Commission in formal evidentiary hearings for adjudicative proceedings involving persons licensed as or required to be licensed as alarm companies or agents.

R156-1-110. Issuance of Investigative Subpoenas.

(1)(a) A request for a subpoena in a Division investigation pursuant to Subsection 58-1-106(1)(c) shall be made in writing to the investigative subpoena authority and accompanied by an original of the proposed subpoena.

(b) Each request shall contain adequate information to enable the subpoena authority to make a finding of sufficient need, including:

(i) the factual basis for the request;

(ii) the relevance and necessity of the particular personand evidence to the investigation; and

(iii) an explanation of why the subpoena is directed to the person upon whom it is to be served.

(2) The person who requests an investigative subpoena is responsible for service of the subpoena.

(3)(a) Service may be made:

(i) on a person upon whom a summons may be served pursuant to the Utah Rules of Civil Procedure; and

(ii) personally or on the agent of the person being served.

(b) If a party is represented by an attorney, service shall be made on the attorney.

(4)(a) Service may be accomplished by hand delivery or by mail to the last known address of the intended recipient.

(b) Service by mail is complete upon mailing.

(d) Service by electronic means is complete on transmission if transmission is completed during normal business hours at the place receiving the service, 8 a.m. to 5 p.m. on days other than Saturdays, Sundays, and state and federal holidays; otherwise, service is complete on the next business day.

(5)(a) Each investigative subpoena shall have a certificate of service.

(b) The certificate of service may be a separate form or may be stamped on the subpoena.

(c) The person serving the subpoena shall complete the certificate of service for both the served copy and the copy kept for the Division files.

(6) The investigative subpoena authority may quash or modify an investigative subpoena if it is shown to be unreasonable or oppressive.

(a) A motion to quash or modify an investigative subpoena shall be filed with and served upon the subpoena authority no later than ten days after service of the investigative subpoena.

(b) A response by the Division to a motion to quash or modify an investigative subpoena shall be filed with and served upon the subpoena authority no later than five business days after receipt of a motion to quash or modify an investigative subpoena.

(c) No final reply by the recipient of an investigative subpoena who files a motion to quash or modify shall be permitted.

R156-1-111. Qualifications for Tax Certificate - Definitions - Application Requirements.

(1)(a) "Psychiatrist" under Subsection 58-1-111(1)(d), includes a licensed physician who is board eligible or board certified for a psychiatry specialization recognized by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association's Bureau of Osteopathic Specialists (BOS); and

(b) "previously or currently board certified in psychiatry" means board certified for a psychiatry specialization recognized by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association's Bureau of Osteopathic Specialists (BOS).

(2) An applicant for a tax credit certificate under Section 58-1-111 shall provide to the Division:

(a) the original application made available on the Division's website, containing the signed attestation of compliance; and

(b) additional documentation that may be required by the Division to verify the applicant's representations made in the application.

R156-1-205. Peer or Advisory Committees - Executive Director to Appoint - Terms of Office - Vacancies in Office - Removal from Office - Quorum Requirements - Appointment of Chairman - Division to Provide Secretary - Compliance with Open and Public Meetings Act and Utah Administrative Procedures Act - No Per Diem and Expenses.

(1) The executive director shall appoint the members of peer or advisory committees established under this Title 58, Occupations and Professions, or Title R156.

(2)(a) Except for ad hoc committees whose members shall be appointed on a case-by-case basis, the term of office of peer or advisory committee members shall be four years.

(b) The executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that they are staggered so that approximately half of the peer or advisory committee is appointed on two year cycles.

(3) A peer or advisory committee member may not serve more than two full consecutive terms, and a member who ceases to serve may not serve again until after the expiration of two years from the date of cessation of service.

(4)(a) If a vacancy on a peer or advisory committee occurs, the executive director shall appoint a replacement to fill the unexpired term.

(b) After filling the unexpired term, the replacement may be appointed for only one additional full term.

(5)(a) If a peer or advisory committee member fails or refuses to fulfill the responsibilities and duties of a peer or advisory committee member, including attendance at meetings, the executive director may remove the peer or advisory committee member and replace the member in accordance with this section.

(b) After filling the unexpired term, the replacement may be appointed for only one additional full term.

(6) Committee meetings may only be convened with the approval of the appropriate board and the concurrence of the Division.

(7) Unless otherwise approved by the Division, peer or advisory committee meetings shall be held in the building occupied by the Division.

(8) A majority of the peer or advisory committee members shall constitute a quorum and may act on behalf of the peer or advisory committee.

(9)(a) Peer or advisory committees shall annually designate one of their members to serve as chair.

(b) The Division shall provide a Division employee to act as committee secretary to take minutes of committee meetings and to prepare committee correspondence.

(10) Peer or advisory committees shall comply with Title 52, Chapter 4, Open and Public Meetings Act.

(11) Peer or advisory committees shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.

(12) Peer or advisory committee members shall perform their duties and responsibilities as public service and shall not receive a per diem allowance, or traveling or accommodations expenses incurred in peer or advisory committees business, except as otherwise provided in Title 58, Occupations and Professions, or Title R156.

R156-1-206. Emergency Review Committees - Appointment - Terms - Vacancies - Removal - Quorum - Chair and Secretary - Open and Public Meetings Act and Utah Administrative Procedures Act - Per Diem and Expenses.

(1) The board chair for the profession of the person against whom an emergency adjudicative proceeding is proposed under Sections 63G-4-502 and 58-1-108 may appoint the members of the emergency review committee on a case-by-case or period-of-time basis.

(2) With the exception of the appointment and removal of members and filling of vacancies by the board chair, emergency review committees shall serve in accordance with Subsections R156-1-205(7), and (9) through (12).

R156-1-301. License Application - Filing Date - Applicable Requirements for Licensure - Issuance Date.

(1) The filing date for an application for licensure is the postmark date of the application or the date the application is received and date stamped by the Division, whichever is earlier.

(2) Except as otherwise provided by statute, rule, or order, the requirements for licensure are the requirements in effect on the filing date of the application.

(3) The issuance date for a license is the date the approval is input into the Division's electronic licensure database.

R156-1-301.7. Change of Information - Notification.

(1) Notification sent by email under Section 58-1-301.7 is complete on transmission if transmission is completed during normal business hours, 8 a.m, to 5 p.m. on days other than Saturdays, Sundays, and state and federal holidays, at the place receiving the notice; otherwise, notice is complete on the next business day.

(2) Notification by email may be accomplished by attachment to the email or in the body of the email, or both.

R156-1-302. Consideration of Unlawful Conduct, Unprofessional Conduct, or Other Mental or Physical Condition.

(1) In accordance with Section 58-1-401, this section applies in circumstances where an applicant or licensee:

(a) is not automatically disqualified from licensure pursuant to statute; and

(b)(i) has past unlawful or unprofessional conduct; or

(ii) as described in Subsection 58-1-401(2)(d), may be unable to practice the occupation or profession with reasonable skill and safety because of an illness, a substance use disorder or a mental or physical condition that, when considered with the duties and responsibilities of the license held or to be held, demonstrates a threat or potential threat to the public health, safety, or welfare.

(2) In a circumstance described in Subsection (1), the following factors are relevant to a licensing decision:

(a) aggravating circumstances, as defined in Subsection R156-1-102(2);

(b) mitigating circumstances, as defined in Subsection R156-1-102(15);

(d) the degree of risk that a conduct will be repeated;

(e) the degree of risk that a condition will continue;

(f) the magnitude of the conduct or condition as it relates to the harm or potential harm;

(g) the length of time since the last conduct or condition has occurred;

(h) the current criminal probationary or parole status of the applicant or licensee;

(i) the current administrative status of the applicant or licensee;

(j) results of previously submitted applications, for any regulated profession or occupation;

(k) results from any action, taken by any professional licensing agency, criminal or administrative agency, employer, practice monitoring group, entity or association;

(l) evidence presented indicating that restricting or monitoring an individual's practice, conditions or conduct can protect the public health, safety or welfare;

(m) psychological evaluations; or

(n) any other information the Division or the board reasonably believes may assist in evaluating the degree of threat or potential threat to the public health, safety, or welfare.

R156-1-303. Temporary Licenses in Declared Disaster or Emergency.

(1) In accordance with Section 53-2a-1203, a person who provides services under this exemption from licensure, shall within 30 days of entry file a notice with the Division under Subsection 53-2a-1205(1) using forms posted on the Division website.

(2) In accordance with Section 53-2a-1205 and Subsection 58-1-303(1), a person who provides services under the exemption from licensure in Section 53-2a-1203 for a declared disaster or emergency shall, after the disaster period ends and before continuing to provide services, meet the normal requirements for licensure under Title 58, Occupations and Professions, unless:

(a) prior to practicing after the declared disaster the person is issued a temporary license under Subsection 58-1-303(1)(c); or

(b) the person qualifies under another exemption from licensure.

R156-1-305. Inactive Licensure.

(1) In accordance with Section 58-1-305, a licensee whose license is listed in Subsection (2) may apply for inactive licensure status as provided in this section.

(2) The following licenses issued under Title 58 that are active in good standing may be placed on inactive licensure status:

(a) architect;

(b) audiologist;

(d) state certified court reporter;

(e) certified social worker;

(f) chiropractic physician;

(g) clinical mental health counselor;

(h) clinical social worker;

(i) contractor;

(j) deception detection examiner;

(k) deception detection intern;

(l) dental hygienist;

(m) dentist;

(n) dispensing medical practitioner - advanced practice registered nurse;

(o) dispensing medical practitioner - physician and surgeon;

(p) dispensing medical practitioner - physician assistant;

(q) dispensing medical practitioner - osteopathic physician and surgeon;

(r) dispensing medical practitioner - optometrist;

(s) dispensing medical practitioner - clinic pharmacy;

(t) genetic counselor;

(u) health facility administrator;

(v) hearing instrument specialist;

(w) landscape architect;

(x) licensed advanced substance use disorder counselor;

(y) marriage and family therapist;

(z) naturopath-naturopathic physician;

(aa) optometrist;

(bb) osteopathic physician and surgeon;

(cc) pharmacist;

(dd) pharmacy technician;

(ee) physician assistant;

(ff) physician and surgeon;

(gg) podiatric physician;

(hh) private probation provider;

(ii) professional engineer;

(jj) professional land surveyor;

(kk) professional structural engineer;

(ll) psychologist;

(mm) radiology practical technician;

(nn) radiologic technologist;

(oo) security personnel;

(pp) speech-language pathologist;

(qq) substance use disorder counselor;

(rr) veterinarian; and

(ss) state certified veterinary technician.

(3)(a) A licensee requesting inactive licensure shall submit a verified application in a form prescribed by the Division together with:

(i) documentation that the applicant meets the requirements for inactive licensure; and

(ii) the appropriate fee.

(b) If the licensee meets the requirements for inactive licensure, the Division shall place the license on inactive status.

(4) A license may remain on inactive status indefinitely except as otherwise provided in Title 58, Occupations or Professions or this Title R156.

(5) An inactive licensee may activate their license by submitting a verified application for activation in a form prescribed by the Division together with:

(a) the appropriate fee; and

(b) unless otherwise provided in Title 58, Occupations and Professions or this Title R156, documentation that the inactive licensee meets current renewal requirements.

(6) An inactive licensee whose license is activated during the last 12 months of a renewal cycle shall, upon payment of the appropriate fees, be licensed for a full renewal cycle plus the period of time remaining until the impending renewal date, rather than being required to immediately renew their activated license.

(7) A Controlled Substance license may be placed on inactive status if attached to a primary license listed in Subsection R156-1-305(2) and the primary license is placed on inactive status.

R156-1-308a. Renewal Dates.

(1) The following standard two-year renewal cycle renewal dates are established by license classification in accordance with Subsection 58-1-308(1):

TABLE

RENEWAL DATES

Acupuncturist May 31 even years

Advanced Practice Registered Nurse January 31 even years

Advanced Practice Registered

Nurse-CRNA January 31 even years

Architect May 31 even years

Athlete Agent September 30 even years

Athletic Trainer May 31 odd years

Audiologist May 31 odd years

Barber September 30 odd years

Barber Apprentice September 30 odd years

Barber School September 30 odd years

Behavior Analyst and

Assistant Behavior Analyst September 30 even years

Behavior Specialist and

Assistant Behavior Specialist September 30 even years

Building Inspector November 30 odd years

Burglar Alarm Security March 31 odd years

C.P.A. Firm December 31 even years

Certified Dietitian September 30 even years

Certified Medical Language Interpreter March 31 odd years

Certified Nurse Midwife January 31 even years

Certified Public Accountant December 31 even years

Certified Social Worker September 30 even years

Chiropractic Physician May 31 even years

Clinical Mental Health Counselor September 30 even years

Clinical Social Worker September 30 even years

Contractor November 30 odd years

Controlled Substance License Attached to primary

license renewal

Controlled Substance Precursor May 31 odd years

Controlled Substance Handler September 30 odd years

Cosmetologist/Barber September 30 odd years

Cosmetologist/Barber Apprentice September 30 odd years

Cosmetology/Barber School September 30 odd years

Deception Detection November 30 even years

Deception Detection Examiner,

Deception Detection Intern,

Deception Detection Administrator

Dental Hygienist May 31 even years

Dentist May 31 even years

Direct-entry Midwife September 30 odd years

Dispensing Medical Practitioner

Advanced Practice Registered Nurse,

Optometrist, Osteopathic Physician

and Surgeon, Physician and Surgeon,

Physician Assistant September 30 odd years

Dispensing Medical Practitioner

Clinic Pharmacy September 30 odd years

Electrician

Apprentice, Journeyman, Master,

Residential Journeyman,

Residential Master November 30 even years

Electrologist September 30 odd years

Electrology School September 30 odd years

Elevator Mechanic November 30 even years

Environmental Health Scientist May 31 odd years

Esthetician September 30 odd years

Esthetician Apprentice September 30 odd years

Esthetics School September 30 odd years

Factory Built Housing Dealer September 30 even years

Funeral Service Director May 31 even years

Funeral Service Establishment May 31 even years

Genetic Counselor September 30 even years

Hair Designer September 30 odd years

Hair Designer Instructor September 30 odd years

Hair Designer School September 30 odd years

Health Facility Administrator May 31 odd years

Hearing Instrument Specialist September 30 even years

Internet Facilitator September 30 odd years

Landscape Architect May 31 even years

Licensed Advanced Substance

Use Disorder Counselor May 31 odd years

Licensed Practical Nurse January 31 even years

Licensed Substance May 31 odd years

Use Disorder Counselor

Marriage and Family Therapist September 30 even years

Massage Apprentice May 31 odd years

Massage Therapist May 31 odd years

Master Esthetician September 30 odd years

Master Esthetician Apprentice September 30 odd years

Medication Aide Certified March 31 odd years

Music Therapist March 31 odd years

Nail Technologist September 30 odd years

Nail Technologist Apprentice September 30 odd years

Nail Technology School September 30 odd years

Naturopath/Naturopathic May 31 even years

Physician

Occupational Therapist May 31 odd years

Occupational Therapy Assistant May 31 odd years

Optometrist September 30 even years

Osteopathic Physician and May 31 even years

Surgeon, Online Prescriber,

Restricted Associate Osteopathic

Physician

Outfitter and Hunting Guide May 31 even years

Pharmacy Class A-B-C-D-E, September 30 odd years

Online Contract Pharmacy

Pharmacist September 30 odd years

Pharmacy Technician September 30 odd years

Physical Therapist May 31 odd years

Physical Therapist Assistant May 31 odd years

Physician Assistant May 31 even years

Physician and Surgeon, January 31 even years

Online Prescriber, Restricted

Associate Physician

Plumber

Apprentice, Journeyman,

Master, Residential Master,

Residential Journeyman November 30 even years

Podiatric Physician September 30 even years

Pre Need Funeral Arrangement

Sales Agent May 31 even years

Private Probation Provider May 31 odd years

Professional Engineer March 31 odd years

Professional Geologist March 31 odd years

Professional Land Surveyor March 31 odd years

Professional Structural March 31 odd years

Engineer

Psychologist September 30 even years

Radiologic Technologist, May 31 odd years

Radiology Practical Technician

Radiologist Assistant

Recreational Therapy

Therapeutic Recreation Technician,

Therapeutic Recreation Specialist,

Master Therapeutic

Recreation Specialist May 31 odd years

Registered Nurse January 31 odd years

Respiratory Care Practitioner September 30 even years

Security Personnel November 30 even years

Social Service Worker September 30 even years

Speech-Language Pathologist May 31 odd years

State Certified Commercial

Interior Designer March 31 odd years

State Certified Court Reporter May 31 even years

State Certified Veterinary

Technician September 30 even years

Veterinarian September 30 even years

Vocational Rehabilitation March 31 odd years

Counselor

(2) The following non-standard renewal terms and renewal or extension cycles are established by license classification in accordance with Subsection 58-1-308(1) and in accordance with specific requirements of the license:

(a) Associate Clinical Mental Health Counselor licenses shall be issued for a three year term and may be extended if the licensee presents satisfactory evidence to the Division in collaboration with the board that the licensee is making reasonable progress toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure.

(b) Associate Marriage and Family Therapist licenses shall be issued for a three year term and may be extended if the licensee presents satisfactory evidence to the Division in collaboration with the board that the licensee is making reasonable progress toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure; but the period of the extension may not exceed two years past the date the minimum supervised experience requirement has been completed.

(c) Certified Advanced Substance Use Disorder Counselor licenses shall be issued for a period of four years and may be extended if the licensee presents satisfactory evidence to the Division in collaboration with the board that reasonable progress is being made toward completing the required hours of supervised experience necessary for the next level of licensure.

(d) Certified Advanced Substance Use Disorder Counselor Intern licenses shall be issued for a period of six months or until the examination is passed whichever occurs first.

(e)(i) Certified Medical Language Interpreter Tier 1 and 2 licenses shall be issued for a period of three years, and may be renewed.

(ii) The initial renewal date of March 31, 2017, is established for these license classifications, subject to Subsection R156-1-308c(5) to establish the length of the initial license period.

(f) Certified Substance Use Disorder Counselor licenses shall be issued for a period of two years and may be extended if the licensee presents satisfactory evidence to the Division in collaboration with the board that the licensee is making reasonable progress toward completing the required hours of supervised experience necessary for the next level of licensure.

(g) Certified Social Worker Intern licenses shall be issued for a period of six months or until the examination is passed whichever occurs first.

(h) Certified Substance Use Disorder Counselor Intern licenses shall be issued for a period of six months or until the examination is passed, whichever occurs first.

(i)(A) Pursuant to Subsections 58-9-303(1) and (2), Funeral Service Intern licenses shall be issued for a two year term, and may be issued for one additional two year term if the licensee presents satisfactory evidence to the Division in collaboration with the board that the licensee is making reasonable progress toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure.

(B) If before the expiration of the additional two-year term the licensee presents satisfactory evidence to the Division and the board that the licensee is still making reasonable progress towards licensure but a circumstance of hardship arose beyond the licensee's control to prevent the completion of the licensure process, the Division may extend that term for a period not to exceed two years.

(j) Hearing Instrument Intern licenses shall be issued for a three year term and may be extended if the licensee presents satisfactory evidence to the Division in collaboration with the board that the licensee is making reasonable progress toward passing the qualifying examination, but a circumstance arose beyond the licensee's control licensee, to prevent the completion of the examination.

(k) Pharmacy technician trainee licenses shall be issued for a period of two years, and may be extended if the licensee presents satisfactory evidence to the Division in collaboration with the board that the licensee is making reasonable progress toward completing the requirements necessary for the next level of licensure.

(l) Psychology Resident licenses shall be issued for a two year term and may be extended if the licensee presents satisfactory evidence to the Division in collaboration with the board that the licensee is making reasonable progress toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure, but the period of the extension may not exceed two years past the date the minimum supervised experience requirement has been completed.

(m) Type I Foreign Trained Physician-Educator licenses shall be issued initially for a one-year term and thereafter may be renewed on two year cycles.

(n) Type II Foreign Trained Physician-Educator licenses shall be issued initially for a one-year term and may be renewed annually up to four times if the licensee continues to satisfy the requirements in Subsection 58-67-302.7(3) and completes the continuing education requirements in Section 58-67-303.

R156-1-308b. Renewal Periods - Adjustment of Renewal Fees for an Extended or Shortened Renewal Period.

(1) Except as otherwise provided by statute or as required to establish or reestablish a renewal period, each renewal period shall be for a period of two years.

(2) The renewal fee for a renewal period that is extended or shortened by more than one month to establish or reestablish a renewal period may be increased or decreased proportionately.

R156-1-308c. Renewal of Licensure Procedures.

In accordance with Subsection 58-1-308(3), the procedures for renewal of licensure shall be as follows:

(1) The Division shall send a renewal notice to each licensee at least 60 days prior to the expiration date shown on the licensee's license.

(2) The Division shall send a renewal notice:

(a) by mail deposited in the post office with postage prepaid, addressed to the most recent mailing address provided to the Division by the licensee; or

(b) by email sent to the most recent email address provided to the Division by the licensee.

(3) In accordance with Subsection 58-1-301.7(2), a notification sent to the most recent mailing address or email address provided to the Division by the licensee constitutes legal notice.

(4) Each renewal notice shall:

(a) include directions for the licensee to renew the license via the Division's website;

(b) notify the licensee that the renewal requirements are outlined in the online renewal process, and that each licensee is required to document or certify that the licensee meets the renewal requirements prior to renewal; and

(c) notify the licensee that a license that is not renewed prior to the expiration date shown on the license automatically expires, and that any continued practice without a license constitutes a criminal offense under Subsection 58-1-501(1)(a).

(5) A licensee licensed during the last 12 months of a renewal cycle shall be licensed for a full renewal cycle plus the period of time remaining until the impending renewal date, rather than being required to immediately renew the license.

R156-1-308d. Waiver of Continuing Education Requirements - Credit for Volunteer Service.

(1)(a) In accordance with Subsection 58-1-203(1)(g), a licensee may request a waiver of a continuing education requirement under this title, or an extension of time to complete requirement, if the licensee was unable to complete the requirement due to a medical or related condition, humanitarian or ecclesiastical services, extended presence in a geographical area where continuing education is not available, or