4-9-15 - Registration of commercial establishments using weights and measures -- Approved weights and measures inspectors -- Application -- Fee -- Expiration -- Renewal. - Utah Statutes

4-9-15. Registration of commercial establishments using weights and measures --Approved weights and measures inspectors -- Application -- Fee -- Expiration -- Renewal.
(1) (a) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedepartment shall establish rules providing for the registration of weights and measures users andissuance of certification of weights and measures devices to ensure the use of correct weights andmeasures in commerce or trade.
(b) The division may:
(i) determine whether weights and measures are correct through:
(A) inspection and testing by department employees; or
(B) acceptance of an inspection and testing report prepared by a registered weights andmeasures service person;
(ii) establish standards and qualifications for registered weights and measures servicepersons; and
(iii) determine the form and content of an inspection and testing report.
(c) A weights and measures user shall register with the department.
(d) Prior to granting a registration to a weights and measures user, the department shalldetermine whether the weights and measures user complies with the rules established underSubsection (1)(a).
(e) An applicant shall register with the department, in writing, using forms required bythe department.
(f) The department shall issue a registration to an applicant, if the department determinesthat the applicant meets the qualifications of registration established under Subsection (1)(a).
(g) If the applicant does not meet the qualifications of registration, the department shallnotify the applicant, in writing, that the applicant's registration is denied.
(h) (i) If an applicant submits an incomplete application, a written notice of conditionaldenial of registration shall be provided to an applicant.
(ii) The applicant shall correct the deficiencies within the time period specified in thenotice to receive a registration.
(i) (i) The department may, as provided under Subsection 4-2-2(2), charge the weightsand measures user a registration fee.
(ii) The department shall retain the fees as dedicated credits and shall use the fees toadminister the registration of weights and measures users.
(2) (a) A registration, issued under this section, shall be valid from the date thedepartment issues the registration, to December 31 of the year the registration is issued.
(b) A registration may be renewed for the following year by applying for renewal byDecember 31 of the year the registration expires.
(3) A registration, issued under this section, shall specify:
(a) the name and address of the weights and measures user;
(b) the registration issuance and expiration date; and
(c) the number and type of weights and measures devices to be certified.
(4) (a) The department may immediately suspend a registration, issued under this section,if any of the requirements of Section 4-9-12 are violated.
(b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for thereinstatement of a registration.
(ii) If the department determines that all requirements under Section 4-9-12 are being

met, the department shall reinstate the registration.
(5) (a) A weights and measures user, registered under this section, shall allow thedepartment access to the weights and measures user's place of business to determine if theweights and measures user is complying with the registration requirements.
(b) If a weights and measures user denies access for an inspection required underSubsection (5)(a), the department may suspend the weights and measures user's registration untilthe department is allowed access to the weights and measures user's place of business.

Amended by Chapter 378, 2010 General Session