38-11-301 - Registration as a qualified beneficiary -- Initial regular assessment -- Affidavit.
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 regularlyengage in providing qualified services shall be automatically registered as a qualified beneficiaryupon payment of the initial assessment.
(2) A person applying for licensure as a contractor after July 1, 1995, in licenseclassifications that regularly engage in providing qualified services shall be automaticallyregistered as a qualified beneficiary upon issuance of a license and payment of the initialassessment.
(3) (a) After July 1, 1995, any person providing qualified services as other than acontractor as provided in Subsection (1) or any person exempt from licensure under theprovisions of Title 58, Chapter 55, Utah Construction Trades Licensing Act, may register as aqualified beneficiary by:
(i) submitting an application in a form prescribed by the division;
(ii) demonstrating registration with the Division of Corporations and Commercial Codeas required by state law;
(iii) paying a registration fee determined by the division under Section 63J-1-504; and
(iv) paying the initial assessment established under Subsection (4), and any specialassessment determined by the division under Subsection 38-11-206(1).
(b) A person who does not register under Subsection (1), (2), or (3)(a) shall be prohibitedfrom recovering under the fund as a qualified beneficiary for work performed as qualified services while not registered with the fund.
(4) (a) An applicant shall pay an initial assessment determined by the division under Section 63J-1-504.
(b) The initial assessment to qualified registrants under Subsection (1) shall be made notlater than July 15, 1995, and shall be paid no later than November 1, 1995.
(c) The initial assessment to qualified registrants under Subsections (2) and (3) shall bepaid at the time of application for license or registration, however, beginning on May 1, 1996,only one initial assessment or special assessments thereafter shall be required for persons havingmultiple licenses under this section.
(5) A person shall be considered to have been registered as a qualified beneficiary onJanuary 1, 1995, for purposes of meeting the requirements of Subsection 38-11-204(1)(c)(ii) ifthe person:
(a) (i) is licensed on or before July 1, 1995, as a contractor under the provisions of Title58, Chapter 55, Utah Construction Trades Licensing Act, in license classifications that regularlyengage in providing qualified services; or
(ii) provides qualified services after July 1, 1995, as other than a contractor as providedin Subsection (5)(a)(i) or is exempt from licensure under the provisions of Title 58, Chapter 55,Utah Construction Trades Licensing Act; and
(b) registers as a qualified beneficiary under Subsection (1) or (3) on or before November1, 1995.
Amended by Chapter 183, 2009 General Session