Section 204 – Claims against the fund — Requirements to make a claim — Qualifications to receive compensation — Qualifications to receive a certificate of compliance.
Effective 5/9/2017 38-11-204. Claims against the fund — Requirements to make a claim — Qualifications to receive compensation — Qualifications to receive a certificate of compliance. (1) To claim recovery from the fund a person shall: (a) meet the requirements of Subsection (4) or (6); (b) pay an application fee determined by the division under […]
Section 205 – Subrogation.
38-11-205. Subrogation. (1) (a) (i) The state, on behalf of the fund, has the right of subrogation only to the extent of payments made from the fund. (ii) Upon payment from the fund to a claimant, any payment to the claimant that was the basis of the claimant’s claim against the fund shall be assigned […]
Section 206 – Limitations on fund balance.
Effective 5/8/2018 38-11-206. Limitations on fund balance. By October 1 of each year, the division shall provide a written report to the Legislature and the Business and Labor Interim Committee that describes: (1) the amount of money in the fund, including the encumbered fund balance; (2) an estimate of when the fund will have insufficient […]
Section 207 – Reimbursement to the fund.
38-11-207. Reimbursement to the fund. (1) If the director disburses money from the fund as a result of a person licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, or a qualified beneficiary failing to pay qualified beneficiaries: (a) the division shall issue a notice of the disbursement from the fund and the […]
Section 301 – Registration as a qualified beneficiary — Initial regular assessment — Affidavit.
Effective 5/8/2018 38-11-301. Registration as a qualified beneficiary — Initial regular assessment — Affidavit. (1) A person licensed as of July 1, 1995, as a contractor under the provisions of Title 58, Chapter 55, Utah Construction Trades Licensing Act, in license classifications that regularly engage in providing qualified services shall be automatically registered as a […]
Section 103 – Administration.
Effective 5/4/2022 38-11-103. Administration. This chapter shall be administered by the Division of Professional Licensing pursuant to the provisions of this chapter and consistent with Title 58, Chapter 1, Division of Occupational and Professional Licensing Act. Amended by Chapter 415, 2022 General Session
Section 105 – Procedures established by rule.
Effective 5/8/2018 38-11-105. Procedures established by rule. In compliance with Title 63G, Chapter 4, Administrative Procedures Act, the division shall establish procedures by rule by which claims for compensation from the fund and requests for certificates of compliance shall be adjudicated. Amended by Chapter 229, 2018 General Session
Section 106 – State not liable.
Effective 5/8/2018 38-11-106. State not liable. The state and the state’s agencies, instrumentalities, and political subdivisions are not liable for: (1) issuance or denial of any certificate of compliance; (2) any claims made against the fund; or (3) failure of the fund to pay any amounts ordered by the director to be paid from the […]
Section 107 – Restrictions upon maintaining a lien against residence or owner’s interest in the residence.
38-11-107. Restrictions upon maintaining a lien against residence or owner’s interest in the residence. (1) (a) A person qualified to file a lien upon an owner-occupied residence and the real property associated with that residence under Chapter 1a, Preconstruction and Construction Liens, who provides qualified services under an agreement, other than directly with the owner, […]
Section 108 – Notification of rights under chapter.
38-11-108. Notification of rights under chapter. (1) Beginning July 1, 1995, the original contractor or real estate developer shall state in the written contract with the owner what actions are necessary for the owner to be protected under Section 38-11-107 from the maintaining of a mechanic’s lien or other civil action against the owner or […]