Utah · statute · Utah Code tit. 13 · 713 active provisions
The Legislature finds that many businesses and occupations in the state have a pronounced physical and economic impact on the health, safety, and welfare of the citizens of the state. The Legislature further finds that while the overall impact is generally beneficial to the public, the potential for harm and injury fre…
(1) (a) There is created the Department of Commerce. (b) The department shall: (i) execute and administer state laws regulating business activities and occupations affecting the public interest; and (ii) ensure that any training or certification required of a public official or public employee, as those terms are defin…
(1) The department shall be under the supervision, direction, and control of the executive director of commerce. The executive director shall be appointed by the governor with the advice and consent of the Senate. The executive director shall hold office at the pleasure of the governor. The governor shall establish the…
The department shall centralize the duties and responsibilities of its divisions and agencies in order to: (1) reduce and avoid duplication; (2) provide efficient planning and management services; and (3) maximize utilization of resources.
The executive director has policymaking and management jurisdiction over directors of the divisions and agencies within the department. The executive director shall appoint the division directors, subject to approval by the governor, unless otherwise provided by law and shall determine their compensation.
(1) The executive director shall prescribe rules and procedures for the management and operation of the department, the conduct of its employees, and the custody, use, and preservation of its records, papers, books, documents, and property. (2) The department and its divisions, in contemplation, formulation, and passag…
The department shall prepare and submit to the governor a proposed budget for each division or agency within the department to be included in the budget submitted by the governor to the Legislature for the fiscal year following the convening of the Legislature in an annual general session.
The department shall prepare and submit to the governor and the Legislature by October 1 of each year an annual report of the operation, activities and goals of the department, its divisions, and agencies for the preceding fiscal year.
(1) The Department of Commerce and its divisions shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings. (2) The department may contract with other state agencies or departments to conduct hearings in its name or in the name of its div…
The department may employ administrative law judges to conduct hearings for the department, its divisions, and agencies, and to advise the executive director, division directors, and agency boards on hearing and rulemaking procedures.
(1) As used in this section, "DOD civilian" means the same as that term is defined in Section 53H-11-202. (2) Except as otherwise provided by statute or rule, the following individuals may engage in the practice of an occupation or profession regulated by this title, subject to the stated circumstances and limitations,…
(1) As used in this section: (a) "Account" means the Commerce Electronic Payment Fee Restricted Account created in this section. (b) "Costs of electronic payments" means the same as that term is defined in Section 13-1-2. (c) "Department" means the Department of Commerce. (d) "Electronic payment" means the same as that…
(1) As used in this section: (a) "License" means, except as provided in Subsection (1)(b), an authorization that permits the holder to engage in the practice of a profession regulated under this title. (b) "License" does not include an authorization that permits the holder to engage in the practice of a profession regu…
(1) As used in this section: (a) "Department" means the Department of Commerce. (b) "Property management" means the same as that term is defined in Section 61-2f-102. (2) Before August 31, 2026, the department shall make a recommendation to the Business and Labor Interim Committee regarding the jurisdiction of the Divi…
As used in this chapter: (1) "Director" means the director of the division appointed in accordance with Section 13-1a-103. (2) "Division" means the Division of Corporations and Commercial Code created in Section 13-1a-102. (3) "Executive director" means the executive director of the Department of Commerce appointed und…
(1) There is established within the Department of Commerce the Division of Corporations and Commercial Code that is responsible for corporation and commercial code filings in this state. (2) The division shall administer: (a) Section 41-12a-505; (b) Section 56-1-3; (c) Section 56-1-10; (d) Section 63G-7-401; (e) Title…
(1) The division shall be under the supervision, direction, and control of a director. (2) The executive director, with the approval of the governor, shall appoint the director. (3) The director shall hold office at the discretion of the governor.
(1) The director, with the approval of the executive director, may employ personnel necessary to carry out the duties and responsibilities of the division at salaries the executive director establishes according to standards that the Division of Human Resource Management establishes. (2) The executive director shall es…
On or before October 1 each year, the director shall prepare and submit to the executive director an annual budget of the administrative expenses of the division.
The director may: (1) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the responsibilities of the division; (2) investigate, upon receiving a complaint, the corporation and commercial code filings and compliance governed by a law the division administers and enforce…
(1) The division has the power and authority reasonably necessary to enable the division to: (a) efficiently administer each law and rule for which the division is responsible; and (b) perform the duties imposed upon the division by law. (2) The division may, under Title 63G, Chapter 3, Utah Administrative Rulemaking A…
(1) The director, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, may hold or cause to be held an administrative hearing regarding a matter affecting the division or the incorporation or registration activities of a business governed by the laws the division administers. (2) The director or the…
If a person violates an administrative order, a restraining order, or an injunction that the division issues under this chapter and the person receives notice of the administrative order, restraining order, or injunction, the division may submit a motion for, or a court with jurisdiction may impose, a civil penalty of…
(1) In addition to the fees described in Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act, the division shall receive and determine fees in accordance with Section 63J-1-504 for filing articles of incorporation or amendments for: (a) an insur…
As used in this chapter: (1) "Department" means the Department of Commerce. (2) "Director" means the director of the office. (3) "Executive director" means the executive director of the Department of Commerce. (4) "Government requestor" means: (a) the governor; (b) an executive branch officer other than the governor; (…