38-1-30 - Third-party contract -- Designated agent.
38-1-30. Third-party contract -- Designated agent.
(1) The division shall contract in accordance with Title 63G, Chapter 6, UtahProcurement Code, with a third party to establish and maintain the database for the purposesestablished under this section, Section 38-1-27, and Sections 38-1-31 through 38-1-37.
(2) (a) The third party under contract under this section is the division's designated agent,and shall develop and maintain a database from the information provided by:
(i) local government entities issuing building permits;
(ii) original contractors;
(iii) subcontractors; and
(iv) other interested persons.
(b) The database shall accommodate filings by third parties on behalf of clients.
(c) The division and the designated agent shall design, develop, and test the database forfull implementation on May 1, 2005.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision shall make rules and develop procedures for:
(a) the division to oversee and enforce this section, Section 38-1-27, and Sections38-1-31 through 38-1-37;
(b) the designated agent to administer this section, Section 38-1-27, and Sections 38-1-31through 38-1-37; and
(c) the form of submission of an alternate filing, which may include procedures forrejecting an illegible or incomplete filing.
(4) (a) The designated agent shall archive computer data files at least semiannually forauditing purposes.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision shall make rules to allow the designated agent to periodically archive projects from thedatabase.
(c) A project shall be archived no earlier than:
(i) one year after the day on which a notice of completion is filed for a project;
(ii) if no notice of completion is filed, two years after the last filing activity for a project;or
(iii) one year after the day on which a filing is cancelled under Subsection 38-1-32(3)(c)or 38-1-33(2)(c).
(d) The division may audit the designated agent's administration of the database as oftenas the division considers necessary.
(5) The designated agent shall carry errors and omissions insurance in the amountsestablished by rule made by the division in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act.
(6) (a) The designated agent shall make reasonable efforts to assure the accurate entryinto the database of information provided in alternate filings.
(b) The designated agent shall meet or exceed standards established by the division forthe accuracy of data entry for alternate filings.
(7) The designated agent is not liable for the correctness of the information contained inan alternate filing it enters into the database.
Amended by Chapter 382, 2008 General Session