Section 8-32-1 – Purpose.
Section 8-32-1 Purpose. (a) The purpose of this chapter is to create a framework to regulate service contracts sold to consumers in this state. (b) The following are exempt from Sections 8-32-2 to 8-32-12, inclusive, of this chapter: (1) Warranties. (2) Maintenance agreements. (3) Warranties, service contracts, or maintenance agreements offered by electric, gas, water, […]
Section 8-26B-59 – Employment Status of Student Athlete With a Postsecondary Education Institution.
Section 8-26B-59 Employment status of student athlete with a postsecondary education institution. THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Nothing in this article or rule of the commission shall affect the employment status of a student athlete with […]
Section 8-29-4 – Withholding Application and Certification for Payment; Withholding Payment; Notice.
Section 8-29-4 Withholding application and certification for payment; withholding payment; notice. (a) Nothing in this chapter shall prevent the owner, contractor, or subcontractor from withholding application and certification for payment for any of the following reasons if there is a bona fide dispute over one or more of the following: (1) Unsatisfactory job progress. (2) […]
Section 8-32-2 – Definitions.
Section 8-32-2 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) ADMINISTRATOR. The person designated by a provider to be responsible for the administration of service contracts or the service contracts plan or to make the filings required by this chapter. (2) COMMISSIONER. The Commissioner of Insurance of this […]
Section 8-26B-60 – Applicability to Constitutionally Created Boards of Trustees of Postsecondary Educational Institutions.
Section 8-26B-60 Applicability to constitutionally created boards of trustees of postsecondary educational institutions. THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. It is the intent of the Legislature that constitutionally created boards of trustees of postsecondary educational institutions comply […]
Section 8-29-5 – Waiver of Right to Receive Interest.
Section 8-29-5 Waiver of right to receive interest. A party may not waive the right to receive interest before a payment is due under a contract subject to this section. A party may waive the interest due on any late payment on or after the date the payment is due under Section 8-29-3. (Acts 1995, […]
Section 8-32-3 – Requirements for Selling or Offering to Sell Service Contracts.
Section 8-32-3 Requirements for selling or offering to sell service contracts. (a) Either the provider or its designee shall: (1) Provide a receipt for, or other written evidence of, the purchase of the service contract to the contract holder. (2) Provide a copy of the service contract to the service contract holder within a reasonable […]
Section 8-26B-61 – Violations.
Section 8-26B-61 Violations. THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) An individual other than a student athlete who violates subsection (c), (d), or (e) of Section 8-26B-51 or who grants compensation to a student athlete in a […]
Section 8-29-6 – Civil Action.
Section 8-29-6 Civil action. A contractor, subcontractor, or sub-subcontractor may file a civil action solely against the party contractually obligated for the payment of the amount claimed to recover the amount due plus the interest accrued in accordance with this chapter. If the court finds in the civil action that the owner, contractor, or subcontractor […]
Section 8-32-4 – Required Provisions, Reimbursement Insurance Policy.
Section 8-32-4 Required provisions, reimbursement insurance policy. Reimbursement insurance policies insuring service contracts sold in this state shall provide that, upon failure of the provider to perform under the service contract, including, without limitation, failure to refund or credit the unearned portion of the purchase price of the service contract to the extent required by […]