58-1-308 - Term of license -- Expiration of license -- Renewal of license -- Reinstatement of license -- Application procedures.
58-1-308. Term of license -- Expiration of license -- Renewal of license --Reinstatement of license -- Application procedures.
(1) (a) Each license issued under this title shall be issued in accordance with a two-yearrenewal cycle established by rule.
(b) A renewal period may be extended or shortened by as much as one year to maintainestablished renewal cycles or to change an established renewal cycle.
(2) (a) The expiration date of a license shall be shown on the license.
(b) A license that is not renewed prior to the expiration date shown on the licenseautomatically expires.
(c) A license automatically expires prior to the expiration date shown on the license uponthe death of a licensee who is a natural person, or upon the dissolution of a licensee that is apartnership, corporation, or other business entity.
(d) If the existence of a dissolved partnership, corporation, or other business entity isreinstated prior to the expiration date shown upon the entity's expired license issued by thedivision, the division shall, upon written application, reinstate the applicant's license, unless itfinds that the applicant no longer meets the qualifications for licensure.
(e) Expiration of licensure is not an adjudicative proceeding under Title 63G, Chapter 4,Administrative Procedures Act.
(3) (a) The division shall notify each licensee in accordance with procedures establishedby rule that the licensee's license is due for renewal and that unless an application for renewal isreceived by the division by the expiration date shown on the license, together with theappropriate renewal fee and documentation showing completion of or compliance with renewalqualifications, the license will not be renewed.
(b) Examples of renewal qualifications which by statute or rule the division may requirethe licensee to document completion of or compliance with include:
(i) continuing education;
(ii) continuing competency;
(iii) quality assurance;
(iv) utilization plan and protocol;
(v) financial responsibility;
(vi) certification renewal; and
(vii) calibration of equipment.
(4) (a) (i) An application for renewal that complies with Subsection (3) is complete.
(ii) A renewed license shall be issued to applicants who submit a complete application,unless it is apparent to the division that the applicant no longer meets the qualifications forcontinued licensure.
(b) (i) The division may evaluate or verify documentation showing completion of orcompliance with renewal requirements on an entire population or a random sample basis, andmay be assisted by advisory peer committees.
(ii) If necessary, the division may complete its evaluation or verification subsequent torenewal and, if appropriate, pursue action to suspend or revoke the license of a licensee who nolonger meets the qualifications for continued licensure.
(c) The application procedures specified in Subsection 58-1-301(2), apply to renewalapplications to the extent they are not in conflict with this section.
(5) (a) Any license that is not renewed may be reinstated at any time within two years
after nonrenewal upon submission of an application for reinstatement, payment of the renewalfee together with a reinstatement fee determined by the department under Section 63J-1-504, andupon submission of documentation showing completion of or compliance with renewalqualifications.
(b) The application procedures specified in Subsection 58-1-301(2) apply to thereinstatement applications to the extent they are not in conflict with this section.
(c) Except as otherwise provided by rule, a license that is reinstated no later than 120days after it expires shall be retroactively reinstated to the date it expired.
(6) (a) If not reinstated within two years, the holder may obtain a license only if theholder meets requirements provided by the division by rule or by statute for a new license.
(b) Each licensee under this title who has been active in the licensed occupation orprofession while in the full-time employ of the United States government or under license topractice that occupation or profession in any other state or territory of the United States mayreinstate the licensee's license without taking an examination by submitting an application forreinstatement, paying the current annual renewal fee and the reinstatement fee, and submittingdocumentation showing completion of or compliance with any renewal qualifications at any timewithin six months after reestablishing domicile within Utah or terminating full-time governmentservice.
Amended by Chapter 183, 2009 General Session