58-55-502 - Unprofessional conduct. - Utah Statutes

58-55-502. Unprofessional conduct.
Unprofessional conduct includes:
(1) failing to establish, maintain, or demonstrate financial responsibility while licensed asa contractor under this chapter;
(2) disregarding or violating through gross negligence or a pattern of negligence:
(a) the building or construction laws of this state or any political subdivision;
(b) the safety and labor laws applicable to a project;
(c) any provision of the health laws applicable to a project;
(d) the workers' compensation insurance laws of this state applicable to a project;
(e) the laws governing withholdings for employee state and federal income taxes,unemployment taxes, FICA, or other required withholdings; or
(f) any reporting, notification, and filing laws of this state or the federal government;
(3) any willful, fraudulent, or deceitful act by a licensee, caused by a licensee, or at alicensee's direction which causes material injury to another;
(4) contract violations that pose a threat or potential threat to the public health, safety, andwelfare including:
(a) willful, deliberate, or grossly negligent departure from or disregard for plans orspecifications, or abandonment or failure to complete a project without the consent of the owneror his duly authorized representative or the consent of any other person entitled to have theparticular project completed in accordance with the plans, specifications, and contract terms;
(b) failure to deposit funds to the benefit of an employee as required under any writtencontractual obligation the licensee has to the employee;
(c) failure to maintain in full force and effect any health insurance benefit to an employeethat was extended as a part of any written contractual obligation or representation by the licensee,unless the employee is given written notice of the licensee's intent to cancel or reduce theinsurance benefit at least 45 days before the effective date of the cancellation or reduction;
(d) failure to reimburse the Residence Lien Recovery Fund as required by Section38-11-207;
(e) failure to provide, when applicable, the information required by Section 38-11-108;and
(f) willfully or deliberately misrepresenting or omitting a material fact in connection withan application to claim recovery from the Residence Lien Recovery Fund under Section38-11-204;
(5) failing as an alarm company to notify the division of the cessation of performance ofits qualifying agent, or failing to replace its qualifying agent as required under Section 58-55-304;
(6) failing as an alarm company agent to carry or display a copy of the licensee's licenseas required under Section 58-55-311; or
(7) failing to comply with operating standards established by rule in accordance withSection 58-55-308.

Amended by Chapter 198, 2001 General Session