R23. Administrative Services, Facilities Construction …UAC (As of April 1, 2008) Printed: April...

UAC (As of April 1, 2008) Printed: April 30, 2008 Page 1

R23. Administrative Services, Facilities Construction andManagement.R23-13. State of Utah Parking Rules for Facilities Managedby the Division of Facilities Construction and Management.R23-13-1. Purpose.

This Rule establishes standards for parking at Statefacilities which are managed by the Division of FacilitiesConstruction and Management.

R23-13-2. Authority.This Rule is authorized under Subsection 63A-5-204,

which authorizes the executive director of the Department ofAdministrative Services to adopt rules governing traffic flowand vehicle parking on state grounds surrounding facilitiesmanaged by DFCM, and under Subsection 53-1-109,authorizing DFCM to enforce traffic rules.

R23-13-3. Policy.(1) The following rules pertaining to parking vehicles on

grounds surrounding state facilities have been prepared inaccordance with Subsections 63A-5-204 and 53-1-109.

(2) In preparing these rules specific attention has beengiven to the appearance of the grounds, presentation of thegrounds at each facility to visitors, and optimal utilization of theparking areas at each facility for visitors, tourists, employees andindividuals with disabilities.

R23-13-4. General Rules and Information.(1) State of Utah Traffic Rules and Regulations, Title 41,

Chapter 6, shall apply to all traffic using facilities under themanagement of the Division of Facilities Construction andManagement.

(2) Painted curb color codes, intersection parkingclearance, and all other traffic control markings shall conformwith the State of Utah Traffic Rules and Regulations and allother applicable ordinances.

(3) All facilities under the direct management of theDivision of Facilities Construction and Management shall havesigns at main entrances designating public parking areas,employee parking, special needs parking, loading-unloadingareas, bus parking areas and overnight parking areas.

(4) Employees with permanent disabilities - employees inthis category displaying the disability license plate or disabilityparking permit shall be assigned parking in close proximity totheir work at each facility.

(5) Employees with temporary disability - upon request anemployee in this category may be allowed, by special permit, topark in disabled priority and public areas. The Division ofFacilities Construction and Management should be contacted forthis privilege.

(6) Overnight parking:(a) Those employees who must leave vehicles at any

facility are urged to contact facility designated securitypersonnel to provide license numbers and expected return datesfor security purposes.

(b) A designated parking area shall be established at allfacilities managed by DFCM for employees to utilize forovernight parking between November 1 and April 1. Employeesusing this parking area shall be required to notify facilitydesignated security personnel regarding the use of said parkingarea. Due to snow removal needs any vehicles parked outsideof this designated area shall be subject to impoundment.

R23-13-5. Designated Parking Areas.(1) Employee and visitor parking - designated parking

areas for reserved parking and general parking for employeesand visitors shall be noted on facilities signs as described above.

(2) Parking for the disabled - designated parking stalls,reserved exclusively for automobiles, including vans, displaying

disability license plates or permits, shall be provided in allnecessary parking areas. All parking areas will meet theminimum number of reserved stalls required by state and federallaws, rules and regulations governing public services andaccessibility for individuals with disabilities.

(3) Employees with permanent disabilities - employees inthis category displaying the disability license plate or disabilityparking permit or who justify specific need shall be assigned aparking stall in close proximity to their work at all facilities.

(4) Employees with temporary disabilities - an employeein this category may request a special permit to park in adisability priority stall or a reserved stall in a public area. TheDepartment/Division Directors of the employee with a disabilityshall contact the Division of Facilities Construction andManagement for this privilege. The Director shall provide theDivision of Facilities Construction and Management BuildingManager with the following information concerning the request:1) type of disability; 2) length of time special permit will berequired; 3) description of vehicle and license plate information.

R23-13-6. Parking Restrictions.(1) General.(a) Parking is prohibited in the following areas:(i) Areas with red curb or otherwise posted are "No

Parking";(ii) All reserved areas for appropriate vehicles only;(iii) All "Disability Only" zones will be strictly enforced;(iv) Areas reserved for state vehicles are restricted for that

use only;(v) In front of any public stairs or entrance or blocking any

public walkways;(vi) Bus zones.(b) Limited parking:(i) Loading dock parking, where applicable, shall be

limited to short-term delivery and service vehicles only, exceptas otherwise specifically marked in the dock areas.

(ii) Vehicles left sitting more than seven days will beconsidered abandoned and will be towed away, unlessarrangements are made with the facility designated securitypersonnel.

(c) The following areas shall be designated tow awayzones. Any violating vehicle parking in these areas are subjectto tow away at the owner's expense:

(i) Vehicles in front of or blocking any public stairs,building entrance, sidewalk or walkway; vehicles parking in orblocking any fire lane;

(ii) No vehicles, including service, delivery, or otherwise,shall park on any walkways;

(d) Construction or long-term service vehicle parking shallbe arranged as needed by contacting the Division of FacilitiesConstruction and Management's Building Manager and thefacility designated security personnel.

R23-13-7. Enforcement.(1) All traffic and parking signs and markings shall be

strictly enforced by frequent observation and monitoring byfacility designated security personnel.

(2) Facility designated security personnel shall beauthorized to issue citations or other enforcement actions as maybe necessary for parking control and regulation at all facilities.

(3) Those security personnel having full authority as peaceofficers shall enforce the State of Utah Traffic Rules andRegulations in their entirety including accident investigation, aswell as parking restrictions established pursuant to these rules.

(4) Enforcement of these rules shall be accomplished in aprudent, effective manner including the following procedures:

(a) Issuance of citation for violation and subsequentpayment of fine;

(b) Towing of any vehicle violating rules as listed above


at owner's expense;(c) Reporting employees who consistently disregard the

rules to their respective department or division head fordiscipline; discipline for constant offenders should include anotice of the discipline in the employee's personnel file.

(5) Fine amounts shall be those set under the jurisdictionof the facility designated security personnel.

R23-13-8. Right to Waive Rules.Notwithstanding any rule stated in this document, the

Division of Facilities Construction and Management reservesthe right to waive any or all of these parking rules if it is deemedby the Division of Facilities Construction and Management tobe in the best interest or temporary convenience of the State.

KEY: transportation law, parking facilities*1994 63A-5-204Notice of Continuation March 12, 2008 53-1-109


R23. Administrative Services, Facilities Construction andManagement.R23-14. Management of Roofs on State Buildings.R23-14-1. Purpose and Authority.

(1) This rule provides for the management of roofs on statebuildings to prevent damage to the roof and to improve securityof state buildings.

(2) This rule is authorized under Section 63A-5-103 whichdirects the Building Board to make rules necessary for thedischarge of its duties and those of the division.

R23-14-2. Definitions.(1)(a) "Agency" means each department, agency,

institution, commission, board, or other administrative unit ofthe State of Utah.

(b) "Agency" does not mean the State Capitol PreservationBoard.

(2) "Director" means the director of the division,including, unless otherwise stated, his duly authorized designee.

(3) "Division" means the Division of FacilitiesConstruction and Management established pursuant to Section63A-5-201.

(4) "Employee" means a person employed by the divisionor a responsible agency.

(5)(a) "Responsible agency" means the agency responsiblefor managing a state building.

(b) "Responsible agency" does not mean the division.(6) "State building" means a building owned by an agency.

R23-14-3. Buildings Managed by the Division.(1) The division shall maintain control of and restrict

access to the roof of buildings managed by the division. Thedivision shall allow access only to duly authorized persons asprovided in this section.

(2) The division shall maintain a register of all personsgranted ongoing or limited access to the roofs it manages. Thisshall include a list of division employees that are grantedongoing access.

(3) The register required under Subsection (2) as well asa file of the completed roof access application/agreement formsshall be retained for a period of not less than three years.

(4) In order to obtain access, a person, who is not anemployee of the division, must complete and execute a roofaccess application/agreement form which must be approved bythe director.

(5) The roof access application/agreement form shallinclude:

(a) the name of the person granted access, the period oftime for which access is granted, the reason for the access, andany restrictions on the access;

(b) an agreement from the person granted access to acceptresponsibility for and pay for the repair of any damage resultingfrom that person's access;

(c) an agreement to hold the agency and the State of Utahharmless from any liability or claim resulting from the person'saccess;

(d) a statement by the person requesting access that he hasobtained adequate fall protection training as appropriate for theroof to be accessed and the activity to be performed thereon;

(e) the signature of the person requesting access; and(f) the signature of the person granting access.(6) The division shall provide, or require the person

accessing the roof to provide, any fall protection equipmentrequired by OSHA regulations or otherwise provide for thesafety of the person accessing the roof.

(7) The access limitations of this rule may be modified orreduced in order to provide access to roofs or portions of roofsthat are designed and constructed for such access.

R23-14-4. Buildings Managed by Responsible Agencies.(1) Responsible agencies shall adopt and implement

policies and procedures at least as stringent as those containedin Section R23-14-3 to provide for the control of and restrictedaccess to roofs of buildings managed by the responsible agency.

(2) The responsible agency shall develop its own means ofdocumenting those granted access and shall identify person(s)authorized to grant access to roofs.

(3) In applying the requirements of subsection R23-14-4(1), references to employees of the division in Section R23-14-3 shall mean employees of the responsible agency.

(4) Employees of the division shall have access to theseroofs after checking in with the responsible agency. Theresponsible agency will not need to document access byemployees of the division.

R23-14-5. Access to Capital Improvement Funds forRoofing Repairs.

(1) The division may refuse to use capital improvementfunds appropriated to the division for the repair of roof damageif the responsible agency fails to implement or comply with thepolicies and procedures required by Section R23-14-4.

(2) The division may require a review of roof accessrecords prior to accepting financial responsibility for the cost ofrepairing damage to a roof.

KEY: public buildings, security, roofsMay 16, 2003 63A-5-103Notice of Continuation March 17, 2008


R27. Administrative Services, Fleet Operations.R27-4. Vehicle Replacement and Expansion of State Fleet.R27-4-1. Authority.

(1) This rule is established pursuant to Subsections 63A-9-401(1)(a), 63A-9-401(1)(d)(v), 63A-9-401(1)(d)(ix), 63A-9-401(1)(d)(x), 63A-9-401(1)(d)(xi) 63A-9-401(1)(d)(xii), 63A-9-401(4)(ii), and 63A-9-401(6) which require the Division ofFleet Operations (DFO) to: coordinate all purchases of statevehicles; make rules establishing requirements for theprocurement of state vehicles, whether for the replacement orupgrade of current fleet vehicles or fleet expansion; make rulesestablishing requirements for cost recovery and billingprocedures; make rules establishing requirements for thedisposal of state vehicles; make rules establishing requirementsfor the reassignment and reallocation of state vehicles and makerules establishing rate structures for state vehicles.

(a) All agencies exempted from the DFO replacementprogram shall provide DFO with a complete list of intendedvehicle purchases prior to placing the order with the vendor.

(b) DFO shall work with each agency to coordinate vehiclepurchases to make sure all applicable mandates, including butnot limited to alternative fuel mandates, and safety concerns aremet.

(c) DFO shall assist agencies, including agencies exemptedfrom the DFO replacement program, in their efforts to insurethat all vehicles in the possession, control, and/or ownership ofagencies are entered into the fleet information system.

(2) Pursuant to Subsection 63-38-3.5(8)(f)(ii), vehiclesacquired by agencies, or monies appropriated to agencies forvehicle purchases, may be transferred to DFO and, whentransferred, become part of the Consolidated Fleet InternalService Fund.

R27-4-2. Fleet Standards.(1) Prior to the purchase of replacement and legislatively

approved expansion vehicles for each fiscal year, the FleetVehicle Advisory Committee (FVAC) DFO staff shall, on thebasis of input from user agencies, recommend to DFO:

(a) a Standard State Fleet Vehicle (SSFV)(b) a standard vehicle and the features and miscellaneous

equipment to be included in said vehicle for each vehicle classin the fleet.

(2) DFO shall, after reviewing the recommendations madeby the FVAC DFO staff, determine and establish, for each fiscalyear:

(a) a SSFV(b) the standard replacement vehicle, along with included

features and miscellaneous equipment for each vehicle class inthe fleet. A standard vehicle and the features and miscellaneousequipment to be included in said vehicle for each vehicle classin the fleet.

(3) DFO shall establish lease rates designed to recover, inaddition to overhead and variable costs, the capital costassociated with acquiring a standard replacement vehicle foreach vehicle class in the fleet.

(4) DFO shall establish replacement cycles according tovehicle type and expected use. The replacement cycle thatapplies to a particular vehicle supposes that the vehicle will bein service for a specified period of time and will be driven anoptimum number of miles within that time. Whichever of thetime or mileage criterion is reached first shall result in thevehicle's replacement.

R27-4-3. Delegation of Division Duties.(1) Pursuant to the provisions of UCA 63A-9-401(6), the

Director of DFO, with the approval of the Executive director ofthe Department of Administrative Services, may delegate motorvehicle procurement and disposal functions to institutions ofhigher education by contract or other means authorized by law,

provided that:(a) The funding for the procurement of vehicles that are

subject to the agreement comes from funding sources other thanstate appropriations, or the vehicle is procured through thefederal surplus property donation program;

(b) Vehicles procured with funding from sources otherthan state appropriations, or through the federal surplus propertydonation program shall be designated "do not replace;" and

(c) In the event that the institution of higher education isunable to designate said vehicles as "do not replace," theinstitution shall warrant that it shall not use state appropriationsto procure their respective replacements without legislativeapproval.

(2) Agreements made pursuant to Section 63A-9-401(6)shall, at a minimum, contain:

(a) a precise definition of each duty or function that isbeing allowed to be performed; and

(b) a clear description of the standards to be met inperforming each duty or function allowed; and

(c) a provision for periodic administrative audits by eitherthe DFO or the Department of Administrative Services; and

(d) a representation by the institution of higher educationthat the procurement or disposal of the vehicles that are thesubject matter of the agreement shall be coordinated with DFO.The institution of higher education shall, at the request of DFO,provide DFO with a list of all conventional fuel and alternativefuel vehicles it anticipates to procure or dispose of in thecoming year. Alternative fuel vehicles shall be purchased by theagency or institution of higher education, when necessary, toinsure state compliance with federal AFV mandates; and

(e) a representation by the institution of higher educationthat the purchase price is less than or equal to the state contractprice for the make and model being purchased; and in the eventthat the state contract price is not applicable, that the provisionsof Section 63-56-1 shall be complied with; and

(f) a representation that the agreement is subject to theprovisions of UCA 63-38-3.5, Internal Service Funds -Governance and review; and

(g) a representation by the institution of higher educationthat it shall enter into DFO's fleet information system allinformation that would be otherwise required for vehiclesowned, leased, operated or in the possession of the institution ofhigher education; and

(h) a representation by the institution of higher educationthat it shall follow state surplus rules, policies and procedureson related parties, conflict of interest, vehicle pricing, retention,sales, and negotiations; and

(i) a date on which the agreement shall terminate if theagreement has not been previously terminated or renewed.

(3) An agreement made pursuant to Section 63A-9-401(7)may be terminated by DFO if the results of administrative auditsconducted by either DFO or the Department of AdministrativeServices reveal a lack of compliance with the terms of theagreement.

R27-4-4. Vehicle Replacement.(1) All state fleet motor vehicles shall, subject to

budgetary constraints, be replaced when the vehicle meets thefirst of either the mileage or time component of the establishedreplacement cycle criteria.

(2) Prior to the purchase of replacement motor vehicles,DFO shall provide each agency contact with a list identifying allvehicles that are due for replacement, and the standardreplacement vehicle for the applicable class Standard State FleetVehicle (SSFV) that has been established by DFO afterreviewing the recommendations of the FVAC DFO staff thatwill be purchased to take the place of each vehicle on the list.

(3) All vehicles replacements will default to a SSFV.(4) Pursuant to Section 63A-9-401(4)(b)(iv), agencies may


request a non-SSFV as long as one or more of the followingjustifications are cited:

(a) Passenger space(b) Type of items carried(c) Hauling or towing capacity(d) Police pursuit capacity(e) Off-road capacity(f) 4x4 capacity(g) Emergency service (police, fire, rescue services)

capacity(h) Attached equipment capacity (snow plows, winches,

etc.)(i) Other justifications as approved by the Director of DFO

or the director's designee.(5) Agencies may petition the Executive Director of the

Department of Administrative Services, or the executivedirector's designee, for a review in the event that the Director ofDFO or the director's designee denies a request for thereplacement of a motor vehicle with a non-standard vehicle.

(6) Agencies may request that state fleet motor vehicles intheir possession or control that have a history of excessiverepairs, but have not reached either the mileage or timecomponent of the applicable replacement cycle, be replaced.The request to replace motor vehicles with a history of excessiverepairs is subject to budgetary constraints and the approval ofthe Director of DFO or the director's designee.

(7) Agencies may petition the Executive Director of theDepartment of Administrative Services, or the executivedirector's designee, for a review in the event that the Director ofDFO or the director's designee denies a request for thereplacement of motor vehicles with a history of excessiverepairs.

(8) In the event that the replacement vehicle is notdelivered to the agency by the vendor, the agency shall have fiveworking days to pick-up the replacement vehicle from DFO,after receiving official notification of its availability. If thevehicles involved are not exchanged within the five-day period,a daily storage fee will be assessed and the agency will becharged the monthly lease fee for both vehicles.

(9) DFO is responsible for insuring that the state motorvehicle fleet complies with United States Department of Energyalternative fuel vehicle (AFV) mandates. DFO may require thata certain number of replacement vehicles, regardless of therequesting agency, be alternate fuel vehicles to insurecompliance with said AFV mandates.

R27-4-5. Fleet Expansion.(1) Any expansion of the state motor vehicle fleet requires

legislative approval.(2) The agency requesting a vehicle that will result in fleet

expansion or that a vehicle currently designated "do not replace"be placed on a replacement cycle, shall be required to provideproof of the requisite legislative approval and funding for theprocurement of an expansion vehicle or the placement of a "donot replace" vehicle on a replacement cycle, and any additionalfeatures and miscellaneous equipment, before DFO is authorizedto purchase the expansion vehicle.

(3) For the purposes of this rule, an agency shall bedeemed to have the requisite legislative approval under thefollowing circumstances only:

(a) The procurement of expansion vehicles or theplacement of a "do not replace" vehicle on a replacement cycleis explicitly authorized by the Appropriations Committee duringthe general legislative session; or

(b) The procurement of expansion vehicles or theplacement of a "do not replace" vehicle on a replacement cycleis explicitly authorized by a special session of the legislatureconvened for the express purpose of approving fleet expansion.

(4) For the purposes of this rule, only the following shall

constitute acceptable proof of legislative approval of therequested expansion or placement of a "do not replace" vehicleon a replacement cycle:

(a) A letter, signed by the agency's Chief Financial Officer,citing the specific line item in the appropriations bill providingsaid authorization; or

(b) Written verification from the agency's analyst in theGovernor's Office of Planning and Budget (GOPB) indicatingthat the request for expansion was authorized and funded by thelegislature.

(5) Upon receipt of proof of legislative approval of anexpansion from the requesting agency, DFO shall provide to theState Division of Finance copies of the proof submitted in orderfor the Division of Finance to initiate the process for the formaltransfer of funds necessary to procure the expansion vehicle(s)from the requesting agency to DFO. In no event shall DFOpurchase expansion vehicles for requesting agencies until theDivision of Finance has completed the process for the formaltransfer of funds.

(6) In the event that the requesting agency receiveslegislative approval for placing a "do not replace" vehicle on areplacement cycle, the requesting agency shall, in addition toproviding DFO with proof of approval and funding, provide theDivision of Finance with funds, for transfer to DFO, equal to theamount of depreciation that DFO would have collected for thenumber of months between the time that the "do not replace"vehicle was put into service and the time that the requestingagency begins paying the applicable monthly lease rate for thereplacement cycle chosen. In no event shall DFO purchase areplacement vehicle for the "do not replace" vehicle if therequesting agency fails to provide funds necessary to cover saiddepreciation costs.

(7) When the expansion vehicle is procured, the vehicleshall be added to the fleet and a replacement cycle established.

(8) DFO is responsible for insuring that the state motorvehicle fleet complies with United States Department of Energyalternative fuel vehicle (AFV) mandates. DFO may require thata certain number of expansion vehicles, regardless of therequesting agency, be alternate fuel vehicles to insure incompliance with said AFV mandates.

R27-4-6. Vehicle Feature and Miscellaneous EquipmentUpgrade.

(1) Additional feature(s) or miscellaneous equipment to beadded to the standard replacement vehicle in a given class, asestablished by DFO after reviewing the recommendations of theFleet Vehicle Advisory Committee (FVAC) DFO staff, thatresults in an increase in vehicle cost shall be deemed a featureand miscellaneous equipment upgrade. A feature ormiscellaneous equipment upgrade occurs when an agencyrequests:

(a) That a replacement vehicle contains a non-standardfeature. For example, when an agency requests that an otherwisestandard replacement vehicle have a diesel rather than a gasolineengine, or that a vehicle contain childproof locks.

(b) The installation of additional miscellaneous equipmentnot installed by the vehicle manufacturer. For example, when anagency requests that light bars or water tanks be installed on anotherwise standard replacement vehicle.

(2) Requests for feature and miscellaneous equipmentupgrades shall be made in writing and:

(a) Present reasons why the upgrades are necessary inorder to meet the agency's needs, and

(b) Shall be signed by the requesting agency's director, orthe appropriate budget or accounting officer.

(3) All requests for vehicle feature and/or miscellaneousequipment upgrades shall be subject to review and approval bythe Director of DFO or the director's designee. Vehicle featureand/or miscellaneous equipment upgrades shall be approved


when in the judgment of the Director of DFO or the director'sdesignee, the requested feature and/or miscellaneous equipmentupgrades are necessary and appropriate for meeting the agency'sneeds.

(4) Agencies may petition the Executive Director of theDepartment of Administrative Services, or the executivedirector's designee, for a review in the event that the Director ofDFO or the director's designee denies a request for a featureand/or miscellaneous equipment upgrade.

(5) Agencies obtaining approval for feature and/ormiscellaneous equipment upgrades shall, prior to the purchaseof the vehicle, pay in full to DFO, a feature and/ormiscellaneous equipment upgrade rate designed to recover thetotal cost associated with providing the additional feature(s)and/or miscellaneous equipment, unless the requesting agencyotherwise negotiates an agreement with DFO for payments to bemade in installments, and provided that the terms of theinstallment agreement do not delay the payment of the generalfund debt.

(6) In the event that an agreement providing for thepayment of a feature and/or miscellaneous equipment upgradein installments is reached, the agency shall indemnify and makeDFO whole for any losses incurred resulting from damage to,loss or return of the vehicle and/or equipment prior to thereceipt of all payment installments by DFO.

R27-4-7. Agency Installation of Miscellaneous Equipment.(1) The director of the Division of Fleet Operations, with

the approval of the Executive Director of the Department ofAdministrative Services, may enter into Memoranda ofUnderstanding allowing customer agencies to installmiscellaneous equipment on or in state vehicles if:

(a) the agency or institution has the necessary resourcesand skills to perform the installations; and

(b) the agency or institution has received approval for saidmiscellaneous equipment as required by R27-4-6.

(2) Each memorandum of understanding for theinstallation of miscellaneous equipment shall, at a minimum,contain the following:

(a) a provision that monthly lease fees shall be charged tothe agency from the date of the agency's receipt of thereplacement vehicle as required under R27-4-9(7)(b); and

(b) a provision that said agency shall indemnify and holdDFO harmless for any claims made by a third party that arerelated to the installation of miscellaneous equipment in or onstate vehicles in the agency's possession and/or control; and

(c) a provision that said agency shall indemnify DFO forany damage to state vehicles resulting from installation or de-installation of miscellaneous equipment; and

(d) a provision that agencies with permission to installmiscellaneous equipment shall enter into the DFO fleetinformation system the following information regarding themiscellaneous equipment procured for installation in or on statevehicles, whether the item is held in inventory, currentlyinstalled on a vehicle, or sent to surplus;

(i) item description or nomenclature; and(ii) manufacturer of item; and(iii) item identification information for ordering purposes;

and(iv) procurement source; and(v) purchase price of item; andexpected life of item in years; and(vi) warranty period; and(vii) serial number;(viii) initial installation date; and(ix) current location of item (warehouse, vehicle number);

and(x) anticipated replacement date of item; and(xi) actual replacement date of item; and

(xii) date item sent to surplus; and SP-1 number.(e) a provision requiring the agency or institution with

permission to install being permitted to install miscellaneousequipment to obtain insurance from the Division of RiskManagement in amounts sufficient to protect itself from damageto, or loss of, miscellaneous equipment installed on statevehicles. Agencies or institutions with permission to installmiscellaneous equipment shall hold DFO harmless for anydamage to, or loss of miscellaneous equipment installed in statevehicles.

(f) a provision that DFO shall provide training and supportservices for the fleet information system and charge agencieswith permission to install miscellaneous equipment an MIS feeto recover these costs.

(g) a date on which the agreement shall terminate if theagreement has not been previously terminated or renewed.

(3) Agreements permitting agencies or institutions toinstall miscellaneous equipment in or on state vehicles may beterminated if there is a lack of compliance with the terms of theagreement by the state agency or institution.

R27-4-8. Vehicle Class Differential Upgrade.(1) For the purposes of this rule, requests for vehicles

other than the planned replacement vehicle established by DFOafter reviewing the recommendations of the Fleet VehicleAdvisory Committee (FVAC) DFO staff, that results in anincrease in vehicle cost shall be deemed a vehicle classdifferential upgrade. For example, a vehicle class differentialupgrade occurs when, regardless of additional features and/ormiscellaneous equipment:

(a) The replacement vehicle requested by the agency,although within the same vehicle class as the vehicle beingreplaced, is not the standard replacement vehicle established byDFO for that class.

(b) The agency requests that a vehicle be replaced with amore expensive vehicle belonging to another class. Forexample, when an agency requests to have a standard 1/2 tontruck replaced with a standard 3/4 ton truck, or a compact sedanbe replaced with a mid-size sedan.

(2) Requests for vehicle class differential upgrades shallbe made in writing and:

(a) Present reasons why the upgrades are necessary inorder to meet the agency's needs, and

(b) Shall be signed by the requesting agency's director orthe appropriate budget or accounting officer.

(3) All requests for vehicle class differential upgrades shallbe subject to review and approval by the Director of DFO or thedirector's designee. Vehicle class differential upgrades shall beapproved only when:

(a) In the judgment of the Director of DFO or thedirector's designee, the requested vehicle upgrade is necessaryand appropriate for meeting the demands of changingoperational needs for which the planned replacement vehicle isclearly inadequate or inappropriate;

(b) In the judgment of the Director of DFO or thedirector's designee, the requested vehicle upgrade is necessaryand appropriate for meeting safety, environmental, or health orother special needs for drivers or passengers.

(4) Agencies may petition the Executive Director of theDepartment of Administrative Services, or the executivedirector's designee, for a review in the event that the Director ofDFO or the director's designee denies a request for a vehicleclass differential upgrade.

(5) Agencies obtaining approval for vehicle classdifferential upgrade(s) at the end of the applicable replacementcycle shall pay to DFO, in full, prior to the purchase of thevehicle, a vehicle class differential upgrade rate designed torecover the difference in cost between the planned replacementvehicle and the actual replacement vehicle when the


replacement vehicle is a more expensive vehicle belonging tothe same or another class.

(6) Agencies obtaining approval for vehicle classdifferential upgrade(s) prior to the end of the current vehicle'sreplacement cycle shall, prior to the purchase of the replacementvehicle, pay to DFO, in full, an amount equal to the differencein cost between the actual replacement vehicle and the plannedreplacement vehicle plus the amount of depreciation still owedon the vehicle being replaced, less the salvage value of thevehicle being replaced.

R27-4-9. Cost Recovery.(1) State vehicles shall be assessed a lease fee designed to

recover depreciation costs, and overhead costs, including AFVand MIS fees, and where applicable, the variable costs,associated with each vehicle.

(2) Lease rates are calculated by DFO according to vehiclecost, class, the period of time that the vehicle is expected to bein service, the optimum number of miles that the vehicle isexpected to accrue over that period, and the type of leaseapplicable:

(a) A capital only lease is designed to recover depreciationplus overhead costs, including AFV and MIS fees, only. Allvariable costs, such as fuel and maintenance, are not included inthe lease rate.

(i) Capital only leases are subject to DFO approval; and(ii) Shall be permitted only when the requesting agency

provides proof that its staffing, facilities and other infrastructurecosts, and preventive maintenance and repair costs are less than,or equal to those incurred by DFO under the current preventivemaintenance and repair services contract.

(iii) DFO shall, upon giving approval for a capital onlylease, issue a delegation agreement to each agency.

(b) A full-service lease is designed to recover depreciationand overhead costs, including AFV and MIS fees, as well as allvariable costs.

(3) DFO shall review agency motor vehicle utilization ona quarterly basis to identify vehicles in an agency's possessionor control that, on the basis of the applicable replacement cycle,are either being under-utilized or over-utilized.

(4) DFO shall provide the results of the motor vehicleutilization review to each agency for use in agency efforts toinsure full utilization of all state fleet motor vehicles in itspossession or control.

(5) In the event that a vehicle is turned in for replacementas a result of reaching the optimum mileage allowed under theapplicable replacement cycle mileage schedule, prior to the endof the period of time that the vehicle is expected to be in service,a rate containing a shorter replacement cycle period that reflectsactual utilization of the vehicle being replaced may beimplemented for said vehicle's replacement.

(6) In the event that a vehicle is turned in for replacementas scheduled, but is not in compliance with optimum mileageallowed under the applicable replacement cycle, a ratecontaining a longer replacement cycle period that reflects actualutilization of the vehicle being replaced may be implemented forsaid vehicle's replacement.

(7) DFO shall begin the monthly billing process when theagency receives the vehicle.

(a) Agencies that choose to keep any vehicle on the list ofvehicles recommended for replacement after the receipt of thereplacement vehicle, pursuant to the terms of a memorandum ofunderstanding between the leasing agencies and DFO thatallows the agency to continue to possess or control an alreadyreplaced vehicle, shall continue to pay a monthly lease fee onthe vehicle until it is turned over to the Surplus PropertyProgram for resale. Vehicles that are kept after the receipt of thereplacement vehicle shall be deemed expansion vehicles forvehicle count report purposes.

(b) Agencies that choose to install miscellaneousequipment to the replacement vehicle, in house, shall be chargeda monthly lease fee from date of receipt of the replacementvehicle. If DFO performs the installation, the billing processshall not begin until the agency has received the vehicle fromDFO.

R27-4-10. Executive Vehicle Replacement.(1) Executive Vehicles shall be available to only those

with employment positions that have an assigned vehicle as partof a compensation package in accordance with state statute.

(a) Each fiscal year DFO shall establish a standardexecutive vehicle type rate and purchase price.

(b) Executives may elect to replace their assigned vehicleat the beginning of each elected term, or appointment period, oras deemed necessary for the personal safety and security of theelected or appointed official.

(c) When the executive leaves office, the vehicle shall besold in accordance with State Surplus Property Program policiesand procedures.

(2) Executives shall have the option of choosing a vehicleother than the standard executive vehicle based on the standardexecutive vehicle purchase price.

(a) The alternative vehicle selection should not exceed thestandard executive vehicle purchase price parameter guidelines.

(b) In the event that the agency chooses an alternative avehicle that exceeds the standard vehicle purchase priceguidelines, the agency shall pay for the difference in pricebetween the vehicle requested and the standard executivevehicle purchase price.

R27-4-11. Capital Credit or Reservation of VehicleAllocation for Surrendered Vehicles.

(1) This section implements that part of Item 59 of S.B. 1of the 2002 General Session which requires the Division ofFleet Operations to "create a capitalization credit program thatwill allow agencies to divest themselves of vehicles withoutseeing a future capitalization cost if programs requirereplacement of the vehicle."

(2) In the event that an agency voluntarily surrenders avehicle to DFO under the capitalization credit program, theagency shall receive a capital credit equal to: the totaldepreciation collected by DFO on the vehicle (D), plus theestimated salvage value for the vehicle (S), for use towards thepurchase of the replacement vehicle.

(3) Prior to the purchase of the replacement vehicle, thesurrendering agency shall pay DFO, an amount equal to thedifference between the purchase price of the replacementvehicle and amount of the capital credit.

(4) DFO shall, in the event that an agency voluntarilysurrenders a vehicle to DFO, hold the vehicle allocation open,or maintain the capital credit for the surrendering agency, for aperiod not to exceed the remainder of the fiscal year withinwhich the surrender took place, plus an additional fiscal year.

(5) The surrendering agency's failure to request the returnof the vehicle surrendered prior to the end of the periodestablished in R27-4-11(4), above, shall result in the removal ofthe surrendered vehicle or allotment from the state fleet, the lossof the agency's capital credit, and effect a reduction in state fleetsize.

(6) DFO shall not hold vehicle allocations or providecapital credit to an agency when the vehicle that is beingsurrendered:

(a) has been identified for removal from the state fleet inorder to comply with legislatively mandated reductions in statefleet size; or

(b) is identified as a "do not replace" vehicle in the fleetinformation system; or

(c) is a state vehicle not purchased by DFO; or


(d) is a seasonal vehicle that has already been replaced.(7) Any agency that fails to request the return of a

voluntarily surrendered vehicle prior to the end of the period setforth in R27-4-11(4), above, must comply with the requirementsof R27-4-5, Fleet Expansion, to obtain a vehicle to replace theone surrendered.

R27-4-12. Inter-agency Vehicle Reassignment orReallocation Guidelines.

(1) DFO is responsible for state motor vehicle fleetmanagement, and in the discharge of that responsibility, one ofDFO's duties is to insure that the state is able to obtain fullutilization of, and the greatest residual value possible for statevehicles.

(2) DFO shall, on a quarterly basis, conduct a review ofstate fleet motor vehicle utilization to determine whether thevehicles are being utilized in accordance with the mileagerequirements contained in the applicable replacement cycles.

(3) DFO shall provide the results of the motor vehicleutilization review to each agency for use in agency efforts toinsure full utilization of all state fleet vehicles in its possessionor control.

(4) In conducting the review, DFO shall collect thefollowing information on each state fleet vehicle:

(a) year, make and model;(b) vehicle identification number (VIN);(c) actual miles traveled per month;(d) driver and/or program each vehicle is assigned to;(e) location of the vehicle;(f) class code and replacement cycle.(4) Agencies shall be responsible for verifying the

information gathered by DFO.(5) Actual vehicle utilization shall be compared to the

scheduled mileage requirements contained in the applicablereplacement cycle, and used to identify vehicles that may becandidates for reassignment or reallocation, reclassification, orelimination.

(6) In the event that intra-agency reassignment orreallocation of vehicles fails to bring vehicles into compliancewith applicable replacement cycle mileage schedules within areplacement cycle, DFO may, in the exercise of its state motorvehicle fleet management responsibilities, reassign, reallocate oreliminate the replacement vehicles for vehicles that arechronically out of compliance with applicable replacement cyclemileage requirements to other agencies to ensure that allvehicles in the state fleet are fully utilized.

(7) Agencies required to relinquish vehicles due to areassignment or reallocation may petition the Executive Directorof the Department of Administrative Services, or the executivedirector's designee, for a review of the reallocation orreassignment made by DFO. However, vehicles that are thesubject matter of petitions for review shall remain with theagencies to which they have been reassigned or reallocated untilsuch time as the Executive Director of the Department ofAdministrative Services or the executive director's designeerenders a decision on the matter.

R27-4-13. Disposal of State Vehicles.(1) State vehicles shall be disposed of in accordance with

the requirements of Section 63A-9-801 and Rule R28-1.

KEY: fleet expansion, vehicle replacementMarch 6, 2008 63A-9-401(1)(a)Notice of Continuation July 25, 2007 63A-9-401(1)(d)(v)

63A-9-401(1)(d)(ix)63A-9-401(1)(d)(x)

63A-9-401(1)(d)(xi)63A-9-401(1)(d)(xii)

63A-9-401(4)(ii)


R156. Commerce, Occupational and Professional Licensing.R156-3a. Architect Licensing Act Rule.R156-3a-101. Title.

This rule is known as the "Architect Licensing Act Rule".

R156-3a-102. Definitions.In addition to the definitions in Title 58, Chapters 1 and 3a,

as used in Title 58, Chapters 1, 3a, and 22 or this rule:(1) "ARE" means the NCARB Architectural Registration

Examination.(2) "Committee" means the IDP Committee created in

Section R156-3a-201.(3) "Complete and final" as used in Subsection 58-3a-

603(1) means "complete construction plans" as defined inSubsection 58-3a-102(4).

(4) "EESA" means the Education Evaluation Services forArchitects.

(5) "Employee, subordinate, associate, or drafter of anarchitect" as used in Subsections 58-3a-102(8), 58-3a-603(1)(b)and this rule means one or more individuals not licensed as anarchitect who are working for, with, or providing architecturalservices directly to the licensed architect under the supervisionof the licensed architect.

(6) "Incidental practice" means "architecture work as isincidental to the practice of engineering" as used in Subsection58-22-102(9) and "engineering work as is incidental to thepractice of architecture as used in Subsection 58-3a-102(6)which:

(a) can be safely and competently performed by thelicensee without jeopardizing the life, health, property andwelfare of the public;

(b) is in an area where the licensee has demonstratedcompetence by adequate education, training and experience;

(c) arises from and is directly related to work performed inthe licensed profession;

(d) is substantially less in scope and magnitude whencompared to the work performed or to be performed by thelicensee in the licensed profession; and

(e) is work in which the licensee is fully responsible forthe incidental practice performed as provided in Subsection 58-3a-603(1) or Subsection 58-22-603(1).

(7) "Intern Development Program" or "IDP" as used inSubsection R156-3a-302(2) means a NCARB approved trainingprogram.

(8) "NAAB" means the National Architectural AccreditingBoard.

(9) "NCARB" means the National Council of ArchitecturalRegistration Boards.

(10) "Program of diversified practical experience" as usedin Subsection 58-3a-302(1)(e) means:

(a) current licensure in a recognized jurisdiction; or(b) the training standards and requirements set forth in the

Intern Development Program.(11) "Recognized jurisdiction" as used in Subsections 58-

3a-302(2)(d)(i) and (iii), for licensure by endorsement, meansany state, district, territory of the United States, or any foreigncountry who issues licenses for architects, and whose licensurerequirements include:

(a) a bachelors or post graduate degree in architecture orequivalent education as set forth in Subsection R156-3a-301(2);

(b) a program of diversified practical experience as setforth in Subsection R156-3a-102(10), or an equivalent trainingprogram; and

(c) passing the ARE or passing a professional architectureexamination that is equivalent to the ARE.

(12) "Responsible charge" as used in Subsections 58-3a-102(7), 58-3a-302(2)(d)(iv) and 58-3a-304(6) means directcontrol and management by a principal over the practice ofarchitecture by an organization.

(13) "Under the direction of the architect" as used inSubsection 58-3a-102(8), as part of the definition of"supervision of an employee, subordinate, associate, or drafterof an architect" means that the unlicensed employee,subordinate, associate, or drafter of the architect engages in thepractice of architecture only on work initiated by the architect,and only under the administration, charge, control, command,authority, oversight, guidance, jurisdiction, regulation,management, and authorization of the architect.

(14) "Unprofessional conduct" as defined in Title 58,Chapters 1 and 3a, is further defined, in accordance withSubsection 58-1-203(5), in Section R156-3a-502.

R156-3a-103. Authority - Purpose.This rule is adopted by the division under the authority of

Subsection 58-1-106(1)(a) to enable the division to administerTitle 58, Chapter 3a.

R156-3a-104. Organization - Relationship to Rule R156-1.The organization of this rule and its relationship to Rule

R156-1 is as described in Section R156-1-107.

R156-3a-201. Advisory Peer Committee Created -Membership - Duties.

(1) There is created in accordance with Subsection 58-1-203(1)(f), the IDP Committee as an advisory peer committee tothe Architect Licensing Board consisting of one or moremembers as follows:

(a) a State IDP Coordinator;(b) an Education Coordinator; or(c) an Intern IDP Coordinator.(2) The committee shall be appointed and serve in

accordance with Section R156-1-205.(3) The duties and responsibilities of the committee shall

include assisting the board in its duties, functions, andresponsibilities defined in Subsection 58-1-202(1)(e) as follows:

(a) promote an awareness of IDP by holding meetings andseminars on IDP;

(b) establish a network of sponsors and advisors for IDPinterns;

(c) encourage firms to support IDP;(d) act as a resource to respond to questions on IDP

received from advisors, sponsors, and interns; and(e) report to the board as directed.

R156-3a-301. Qualifications for Licensure - ArchitectureProgram Criteria.

In accordance with Subsection 58-3a-302(1)(d), thearchitecture program criteria are established as follows.

(1) The architecture program shall be accredited by eitherthe National Architectural Accrediting Board (NAAB), or theCanadian Architectural Certification Board (CACB), or anarchitectural program equivalent to a NAAB accreditedprogram.

(2) Equivalency shall be documented by submitting one ofthe following:

(a) if educated in a foreign country, a comprehensivereport prepared by EESA stating that the applicant hassuccessfully completed an educational program that isequivalent to the NAAB accredited educational program; or

(b) a current NCARB Council Record;(c)(i) if an applicant was previously licensed and

practicing in Utah under a license that was granted under priorstatute or rule but allowed the license to lapse for more than twoyears, the applicant may reinstate the license by demonstratingthat their combined education, supervised experience andlicensed practice demonstrate that the applicant's training isequivalent to an NAAB accredited educational program;

(ii) if the combined education and experience is not


demonstrated to be equivalent, the Division, in collaborationwith the Board, may:

(A) determine whether continuing education can bring thecombined education and experience up to equivalency, and if so,specify the type of continuing education required; or

(B) determine that the applicant shall be required to obtainthe actual degree under Subsection (1).

R156-3a-302. Qualifications for Licensure - Program ofDiversified Practical Experience.

In accordance with Subsection 58-3a-302(1)(e), anapplicant shall establish completion of a program of diversifiedpractical experience requirement by submitting documentationof:

(1) IDP;(2) current licensure in a recognized jurisdiction; or(3) a current NCARB Council Record.

R156-3a-303. Qualifications for Licensure - ExaminationRequirements.

(1) In accordance with Subsections 58-3a-302(1)(f) and58-3a-302(2)(e), an applicant for licensure as an architect(whether by education and experience or by endorsement) shallsubmit documentation establishing:

(a) a current NCARB Council Record; or(b) passing scores on all divisions of the ARE as

established by the NCARB.(2) An applicant for licensure may apply directly to

NCARB to sit for any part of the ARE examination anytimeafter having completed the education requirements specified inSection R156-3a-301.

R156-3a-304. Continuing Professional Education forArchitects.

In accordance with Section 58-3a-303.5, the qualifyingcontinuing professional education standards for architects areestablished as follows:

(1) During each two year period ending on December 31of each odd numbered year, a licensed architect shall be requiredto complete not less than 16 hours of qualified professionaleducation directly related to the licensee's professional practice.

(a) Transition requirement. During the two year periodending on December 31, 2007, an architect shall be required tocomplete five hours of qualifying continuing professionaleducation.

(2) The required number of hours of professionaleducation for an individual who first becomes licensed duringthe two year period shall be decreased in a pro-rata amountequal to any part of that two year period preceding the date onwhich that individual first became licensed.

(3) Qualified continuing professional education under thissection shall:

(a) have an identifiable, clear statement of purpose anddefined objective for the educational program directly related tothe practice of an architect and directly related to topicsinvolving the public health, safety, and welfare of architecturalpractice and the ethical standards of architectural practice;

(i) health, safety, welfare and ethical standards as used inthis subsection are defined to include the following:

(A) The definition of "health" shall include, but not belimited to, aspects of architecture that have salutary effectsamong users of buildings or sites and that address environmentalissues. Examples include all aspects of air quality, provisions ofpersonal hygiene, and use of non-toxic materials and finishes.

(B) The definition of "safety" shall include, but not belimited to, aspects of architecture intended to limit or preventaccidental injury or death among users of buildings orconstruction sites. Examples include fire-rated egressenclosures, automatic sprinkler systems, stairs with correct rise-

to-run proportions, and accommodations for users withdisabilities.

(C) The definition of "welfare" shall include, but not belimited to, aspects of architecture that consist of values that maybe spiritual, physical, aesthetic and monetary in nature.Examples include spaces that afford natural light or views ofnature or whose proportions, color or materials engenderpositive emotional responses from its users.

(D) The definition of "ethical standards of architecturalpractice" shall include, but not be limited to the NCARB rulesof conduct specified in Subsection R156-3a-502(4).

(b) be relevant to the licensee's professional practice;(c) be presented in a competent, well organized and

sequential manner consistent with the stated purpose andobjective of the program;

(d) be prepared and presented by individuals who arequalified by education, training and experience; and

(e) have associated with it a competent method ofregistration of individuals who actually completed theprofessional education program and records of that registrationand completion are available for review.

(4) Credit for qualified continuing professional educationshall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for professionaleducation completed in blocks of time of not less than one hourin formally established classroom courses, seminars, orconferences;

(b) a maximum of eight hours per two year period may berecognized for teaching in a college or university or for teachingqualified continuing professional education courses in the fieldof architecture, provided it is the first time the material has beentaught during the preceding 12 months;

(c) a maximum of three hours per two year period may berecognized for preparation of papers, articles, or books directlyrelated to the practice of architecture and submitted forpublication; and

(d) unlimited hours may be recognized for continuingprofessional education that is provided via the Internet orthrough home study courses provided the course verifiesregistration and participation in the course by means of a testwhich demonstrates that the participant has learned the materialpresented.

(5) A licensee shall be responsible for maintaining recordsof completed qualified continuing professional education for aperiod of four years after the two year period to which therecords pertain. It is the responsibility of the licensee tomaintain information with respect to qualified continuingprofessional education to demonstrate it meets the requirementsunder this section.

(6) If a licensee exceeds the 16 hours of qualifiedcontinuing professional education during the two year period,the licensee may carry forward a maximum of 8 hours ofqualified continuing professional education into the next twoyear period.

(7) A licensee who is unable to complete the continuingprofessional education requirement for reasons such as amedical or related condition, humanitarian or ecclesiasticalservices, or extended presence in a geographical area wherecontinuing professional education is not available, may beexcused from the requirement for a period of up to three yearsas provided in Section R156-1-308d.

(8) Any licensee who fails to timely complete thecontinuing professional education hours required by this ruleshall be required to complete double the number of hoursmissed to be eligible for renewal or reinstatement of licensure.

(9) Any applicant for reinstatement shall be required tocomplete 16 hours of continuing professional educationcomplying with this rule within two years prior to the date ofapplication for reinstatement of licensure.


R156-3a-305. Renewal Cycle - Procedures.(1) In accordance with Subsection 58-1-308(1), the

renewal date for the two-year renewal cycle applicable tolicenses under Title 58, Chapter 3a is established by rule inSection R156-1-308.

(2) Renewal procedures shall be in accordance withSection R156-1-308.

R156-3a-501. Administrative Penalties - Unlawful Conduct.In accordance with Subsections 58-1-501, 58-1-501(1)(a)

through (d), and 58-3a-501, unless otherwise ordered by thepresiding officer, the following fine schedule shall apply.

(1) Engaging in unlicensed practice or using any title thatwould cause a reasonable person to believe the user of the titleis licensed under this chapter.

First Offense: $800Second Offense: $1,600(2) Engaging in, or representing oneself as engaged in the

practice of architecture as a corporation, proprietorship,partnership, or limited liability company unless exempted fromlicensure.

First Offense: $800Second Offense: $1,600(3) Impersonating another licensee or engaging in practice

under this chapter using a false or assumed name, unlesspermitted by law.

First Offense: $1,000Second Offense: $2,000(4) Knowingly employing any person to practice under this

chapter who is not licensed to do so.First Offense: $1,000Second Offense: $2,000(5) Knowingly permits any person to use his license except

as permitted by law.First Offense: $1,000Second Offense: $2,000(6) Citations shall not be issued for third offenses, except

in extraordinary circumstances approved by the investigativesupervisor. If a citation is issued for a third offense, the fine isdouble the second offense amount, with a maximum amount notto exceed the maximum fine allowed under Subsection 58-3a-502(1)(i)(iii).

(7) If multiple offenses are cited on the same citation, thefine shall be determined by evaluating the most serious offense.

(8) An investigative supervisor may authorize a deviationfrom the fine schedule based upon the aggravating or mitigatingcircumstances.

(9) In all cases the presiding officer shall have thediscretion, after a review of the aggravating and mitigatingcircumstances, to increase or decrease the fine amount basedupon the evidence reviewed.

R156-3a-502. Unprofessional Conduct."Unprofessional conduct" includes:(1) submitting an incomplete final plan, specification,

report, or set of construction plans to:(a) a client, when the licensee represents, or could

reasonably expect the client to consider, the plan, specification,report, or set of construction plans to be complete and final; or

(b) a building official for the purpose of obtaining abuilding permit;

(2) failing as a principal to exercise reasonable charge;(3) failing as a supervisor to exercise supervision of an

employee, subordinate, associate or drafter; or(4) failing to conform to the generally accepted and

recognized standards and ethics of the profession includingthose established in the July 2007 edition of the NCARB "Rulesof Conduct", which is hereby incorporated by reference.

R156-3a-601. Architectural Seal - Requirements.In accordance with Section 58-3a-601, all final plans and

specifications of buildings erected in this state, prepared by thelicensee or prepared under the supervision of the licensee, shallbe sealed in accordance with the following:

(1) Each seal shall be a circular seal, 1-1/2 inchesminimum diameter.

(2) Each seal shall include the licensee's name, licensenumber, "State of Utah", and "Licensed Architect".

(3) Each seal shall be signed and dated with the signatureand date appearing across the face of each seal imprint.

(4) Each original set of final plans and specifications, asa minimum, shall have the original seal imprint, originalsignature and date placed on the cover or title sheet.

(5) A seal may be a wet stamp, embossed, or electronicallyproduced.

(6) Copies of the original set of plans and specificationswhich contain the original seal, original signature and date ispermitted, if the seal, signature and date is clearly recognizable.

KEY: architects, licensingMarch 27, 2008 58-3a-101Notice of Continuation April 10, 2006 58-3a-303.5

58-1-106(1)(a)58-1-202(1)(a)


R156. Commerce, Occupational and Professional Licensing.R156-26a. Certified Public Accountant Licensing Act Rule.R156-26a-101. Title.

This rule is known as the "Certified Public AccountantLicensing Act Rule".

R156-26a-102. Definitions.In addition to the definitions in Title 58, Chapters 1 and

26a, as defined or used in this rule:(1) "Administering organization" means an organization

approved by the Division of Occupational and ProfessionalLicensing and the Utah Board of Accountancy which willadminister peer reviews in the Peer Review Program.

(2) "AICPA" means American Institute of Certified PublicAccountants.

(3) "Incidental to regular practice" as defined inSubsection 58-26a-305(1)(a) is further defined to mean:

(a) An individual or a firm licensed as a certified publicaccountant or equivalent designation in any other state, district,or territory of the United States or any foreign country mayperform services in this state for a client whose principal officeor residence is located outside of this state as long as theservices are incidental to primary services being performedoutside of this state for that client.

(b) An individual or firm licensed in another jurisdiction,as incidental to their practice in such other jurisdiction, mayadvertise in this state that their services are available by anymeans including, but not limited to television, radio, newspaper,magazine or Internet advertising provided such representationsare not false, misleading or deceptive; and provided that suchindividual or firm does not establish a CPA/Client relationshipto perform services requiring a CPA license or CPA firmregistration with any individual, business or other legal entityhaving its principal office or residence in this state without firstobtaining a CPA license and CPA firm registration in this state.

(c) Incidental to regular practice in another jurisdictionincludes a licensed CPA or equivalent designation continuing aCPA/Client relationship with an individual which originatedwhile the client's residence was located outside of this state butthereafter the client moved their residence to this state.

(4) "Qualified continuing professional education (CPE)"as used in this rule means continuing education that meets thestandards set forth in Section R156-26a-303b.

(5) "Standard setting bodies" means the FinancialAccounting Standards Board, the Government AccountingStandards Board, the American Institute of Certified PublicAccountants, the Securities and Exchange Commission, and theFederal Accounting Standards Advisory Board and othergenerally recognized standard setting bodies.

(6) "Unprofessional conduct" as defined in Title 58,Chapters 1 and 26a, is further defined, in accordance withSubsection 58-1-203(1)(e), in Section R156-26a-501.

(7) "Year of review" means the calendar year during whicha peer review is to be conducted.

R156-26a-103. Authority.This rule is adopted by the Division under the authority of

Subsection 58-1-106(1)(a) to enable the Division to administerTitle 58, Chapter 26a.

R156-26a-104. Organization - Relationship to Rule R156-1.The organization of this rule and its relationship to Rule

R156-1 is as described in Section R156-1-107.

R156-26a-201. Advisory Peer Committees Created -Membership - Duties.

(1) There is created in accordance with Subsection 58-1-203(1)(f), the Education Advisory Committee to the Utah Boardof Accountancy consisting of one full-time faculty from each

college or university in Utah which has an accredited programas set forth in Section R156-26a-302a, a majority of whichcommittee are to be licensed CPAs.

(2) The Education Advisory Committee shall be appointedand serve in accordance with Section R156-1-205. The dutiesand responsibilities of the Education Advisory Committee shallinclude assisting the Division in collaboration with the Board intheir duties, functions, and responsibilities and shall include:

(a) advising the Board as to the acceptability of aneducational institution; and

(b) assisting the Board to make a final determinationpursuant to R156-26a-302a(4)(c) of whether an applicant isqualified to sit for the AICPA examination.

(3) The committee shall consider, when advising theBoard of the acceptability of the educational institution, thefollowing:

(a) the institution's accreditation;(b) the acceptability by other state licensing boards;(c) the faculty qualifications; and(d) other educational resources.(4) There is created in accordance with Subsection 58-1-

203(1)(f), the Peer Review Committee to the Utah Board ofAccountancy consisting of not more than ten licensed CPAs.The committee shall be appointed and serve in accordance withSection R156-1-205.

(5) The duties and responsibilities of the Peer ReviewCommittee shall be advising the Board on peer reviews mattersand shall include:

(a) reviewing the results of peer reviews administered byapproved organizations and requiring corrective action of firmswith significant deficiencies noted in the review process whenconsidered necessary in addition to those required by theadministering organization;

(b) evaluating compliance of CPE programs;(c) performing random audits to determine compliance

with the CPE requirements and the standards for CPE programs;(d) reviewing complaints and recommending whether

certain acts, practices or omissions violate the ethical standardsof the profession;

(e) providing technical assistance to the Division; and(f) serving as expert witnesses at administrative hearings.

R156-26a-302a. Qualifications for CPA Licensure -Education Requirements.

The education requirements for CPA licensure inSubsection 58-26a-302(1)(d) are defined, clarified, orestablished as follows:

(1) An applicant shall submit transcripts showingcompletion of course work consisting of a minimum of 150semester hours (225 quarter hours) as follows:

(a) a graduate or undergraduate program within aninstitution whose business or accounting education program isaccredited by the Association of Advanced Collegiate Schoolsof Business (AACSB), or the Association of Collegiate BusinessSchools and Programs (ACBSP), from which the applicantreceived one of the following:

(i) a graduate degree in accounting;(ii) a graduate degree in taxation, or a master of business

administration degree which includes not less than:(A) 24 semester hours (36 quarter hours) in upper division

accounting courses covering the subjects of financialaccounting, auditing, taxation, and management accounting;

(B) 15 semester hours (23 quarter hours) graduate levelaccounting courses covering the subjects of financialaccounting, auditing, taxation, and management accounting;

(C) an equivalent combination of graduate and upperdivision accounting courses covering the subjects of financialaccounting, auditing, taxation, and management accounting withone hour of graduate level course work being equivalent to 1.6


hours of upper division course work; or(iii) a baccalaureate degree in business or accounting and

30 semester hours (45 quarter hours) beyond the requirementsfor a baccalaureate degree which includes not less than:

(A) 16 semester hours (24 quarter hours) in upper divisionaccounting courses, which when combined with the accountingcourses listed in Subsection (B) below, have at least one coursewith a minimum of two semester hours (three quarter hours)each covering the subjects of financial accounting, auditing,taxation, and management accounting;

(B) eight semester hours (12 quarter hours) in graduatelevel accounting courses, which when combined with theaccounting courses listed in Subsection (A) above, have at leastone course each covering the subjects of financial accounting,auditing, taxation, and management accounting;

(C) 12 semester hours (18 quarter hours) in upper divisionnon-accounting business courses;

(D) 12 semester hours (18 quarter hours) in graduate levelbusiness or accounting courses; and

(E) 10 semester hours (15 quarter hours) of either graduateor upper division accounting or business courses.

(b) a graduate or undergraduate program from aninstitution accredited by the Northwest Commission on Collegesand Universities, North Central Association of Colleges andSchools, Middle States Association of Colleges and Schools,New England Association of Colleges and Schools, SouthernAssociation of Colleges and Schools and Western Associationof Schools and Colleges from which the applicant received abaccalaureate or graduate degree with not less than:

(i) 30 semester hours (45 quarter hours) in business orrelated courses providing a minimum of two semester hours(three quarter hours) in each of the following subjects:

(A) business law;(B) computers;(C) economics;(D) ethics;(E) finance;(F) statistics and quantitative methods;(G) written and oral communications; and(H) business administration such as marketing, production,

management, policy or organizational behavior;(ii) 24 semester hours (36 quarter hours) in upper division

accounting courses with a minimum of two semester hours(three quarter hours) in each of the following subjects:

(A) auditing;(B) finance;(C) managerial or cost;(D) systems; and(E) taxes; and(iii) 30 semester hours (45 quarter hours) beyond the

requirements for a baccalaureate degree of additional businessrelated course work including not less than:

(A) eight semester hours (12 quarter hours) in graduateaccounting courses;

(B) 12 semester hours (18 quarter hours) in graduateaccounting or graduate business courses; and

(C) 10 semester hours (15 quarter hours) of additionalbusiness related hours shall be taken in upper divisionundergraduate or graduate level courses.

(2) The Division in collaboration with the Board or theeducation subcommittee of the board may make a writtenfinding for cause that a particular accredited institution orprogram is not acceptable.

(3) The Division in collaboration with the Board or theeducation subcommittee of the board may accept education ofa person who holds a license as a certified public accountant orequivalent designation in a foreign country, if the applicant hasobtained from the National Association of State Boards ofAccountancy (NASBA) verification of compliance with the

terms of an agreement for reciprocal licensure between theforeign country and the International Qualifications AppraisalBoard of NASBA, which agreement provides the applicant'sexaminations, education and experience is determined to besubstantially equivalent to the 1994 Uniform Accountancy Actlicensure requirements or a version of the Uniform AccountancyAct having substantially equivalent requirements.

(4) In accordance with Section 58-26a-306, thequalifications to sit for the AICPA examination are clarified orsupplemented as follows:

(a) In accordance with Subsection 58-26a-306(1)(a), theform of application approved by the Division shall be theapplication that CPA Examination Services (CPAES) requiresin order to sit for the examination.

(b) In accordance with Subsection 58-26a-306(1)(b), thefee shall be the fee charged by CPAES. No additional fee shallbe due to the Division.

(c) In accordance with Subsections 58-26a-306(1)(c) and(d), the Board has approved CPAES to make the determinationof whether the applicant has met the education requirements,provided however that, if an applicant disputes the finding ofCPAES, the Board shall make a final determination of whetherthe applicant is qualified to sit for the AICPA examination.

R156-26a-302b. Qualifications for Licensure - ExperienceRequirements.

In accordance with Subsections 58-1-203(1)(g) and 58-1-301(3), the experience requirements for licensure in Section 58-26a-302 are clarified, or supplemented as follows:

(1) The Division in collaboration with the board mayaccept experience of a person who holds a license as a certifiedpublic accountant or equivalent designation in a foreigncountry, if the applicant has obtained from the NationalAssociation of State Boards of Accountancy (NASBA)verification of compliance with the terms of an agreement forreciprocal licensure between the foreign country and theInternational Qualifications Appraisal Board of NASBA, whichagreement provides the applicant's examinations, education andexperience is determined to be substantially equivalent to the1994 Uniform Accountancy Act licensure requirements or aversion of the Uniform Accountancy Act having substantiallyequivalent requirements.

R156-26a-302c. Qualifications for Licensure -Examinations.

The Division in collaboration with the Board may accepttesting of a person who holds a license as a certified publicaccountant or equivalent designation in a foreign country, if theapplicant has obtained from the National Association of StateBoards of Accountancy (NASBA) verification of compliancewith the terms of an agreement for reciprocal licensure betweenthe foreign country and the International QualificationsAppraisal Board of NASBA, which agreement provides theapplicant's examinations, education and experience isdetermined to be substantially equivalent to the 1994 UniformAccountancy Act licensure requirements or a version of theUniform Accountancy Act having substantially equivalentrequirements.

R156-26a-303a. Renewal Requirements - Peer Review.(1) General.In accordance with Subsections 58-1-308(3)(b) and 58-

26a-303(2)(b), there is created a peer review requirement as acondition for renewal of licenses issued under the CertifiedPublic Accountant Licensing Act, providing for review of thework products of licensees and firms.

(a) The purpose of the program is to monitor compliancewith applicable accounting and auditing standards adopted bygenerally recognized standard setting bodies.


(b) The program shall emphasize education and mayinclude other remedial actions determined appropriate where afirm's work product and services do not comply with establishedprofessional standards.

(c) In the event a firm is unwilling or unable to complywith established standards, or intentionally disregardsprofessional standards so as to warrant disciplinary action, theadministering organization shall refer the matter to the Divisionand shall consult with the Division regarding appropriate actionto protect the public interest.

(2) Scheduling of the Peer Review.(a) A firm's initial peer review shall be assigned a due date

to require that the initial review be started no later than 18months after the date of the issuance of its initial report asdefined in Subsection 58-26a-102(16).

(b) Not less than once in each three years a firm engagedin the practice of public accounting shall undergo, at its ownexpense, a peer review commensurate in scope with its practice.

(c) The administering organization will assign the year ofreview.

(d) A portion of the peer review may be performed by aregulatory body if the Utah Board of Accountancy approves theregulatory body as an administering organization. This does notby itself satisfy the peer review requirement unless the otherstandards as specified in this rule are fulfilled by the regulatorybody.

(3) Selection of a Peer Reviewer or inspector in the caseof inspections mandated by law or regulatory bodies.

A firm scheduled for peer review shall engage a reviewerqualified to conduct the peer review. Regulatory bodies willassign inspectors.

(4) Qualifications of a Peer Reviewer and inspectors.(a) Peer reviewers must provide evidence of one of the two

following minimum qualifications to the administeringorganization:

(i) acceptance as a peer reviewer by the AICPA; or(ii) compliance with the qualifications required by the

AICPA to qualify as a peer reviewer.(b) Peer reviewers must be licensed or hold a permit to

practice as a CPA in the state of Utah or another state orjurisdiction of the United States.

(c) The administering organization will approve reviewersfor those reviews not administered by the AICPA.

(d) Regulatory bodies will determine the qualifications ofinspectors.

(5) Conduct of the Peer Review or inspection. Peerreviews shall be conducted as follows:

(a) Peer reviews shall be conducted according to the"Standards for Performing and Reporting on Peer Reviews"promulgated by the AICPA, effective January 1, 2005 asamended, which are hereby incorporated by reference andadopted as the minimum standards for peer reviews of all firms.This section shall not require any firm or licensee to become amember of the AICPA or any administering organization.

(b) The Utah Board of Accountancy may review thestandards used by the regulatory body to determine if thosestandards are sufficient to satisfy all or part of the peer reviewrequirements, or what additional review may be required to meetthe peer review requirements under this rule.

(6) If an administering organization finds that a peerreview was not performed in accordance with this rule or thepeer review results in a modified or adverse report or in repeatfindings, the Peer Review Committee may require remedialaction to assure that the review or performance of the CPA orCPA firm being reviewed meets the objectives of the peerreview program.

(7) Review of Multi-State Firms.(a) With respect to a multi-state firm, the Division may

accept a peer review based solely upon work conducted outside

of this state as satisfying the requirement to undergo peer reviewunder this rule, if:

(i) the peer review is conducted during the year scheduledor rescheduled under R156-26a-303a(2);

(ii) the peer review is performed in accordance withrequirements equivalent to those of this state;

(iii) the peer review:(A) studies, evaluates and reports on the quality control

system of the firm as a whole in the case of on-site reviews; or(B) results in an evaluation and report on selected

engagements in the case of off-site reviews;(iv) the firm's internal inspection procedures require that

the firm's personnel from another office outside the stateperform the inspection of the office located in this state not lessthan once in each three year period; and

(v) at the conclusion of the peer review, the peer reviewerissues a report equivalent to that required by R156-26a-303a(5)or in the case of an approved regulatory body, a report is issuedunder their standards.

(b) A multi-state firm not granted approval under R156-26a-303a(8)(a) shall undergo a peer review pursuant to this rulewhich shall comply with R156-26a-303a(8)(a) of the multi-statefirm within this state; and

(c) A multi-state firm seeking approval under R156-26a-303a(8)(a) shall submit an application to the administeringorganization by February 1 of the year of review establishingthat the peer review it proposes to undergo meets all of therequirements of R156-26a-303a(5).

(8) A firm which does not perform services encompassedin the scope of minimum standards as set out in R156-26a-303a(5)(a) or (b) is exempt from peer review and shall notify theDivision of Occupational and Professional Licensing of theexemption at the time of renewal of its registration. A firmwhich begins providing these services must commence a peerreview within 18 months of the date of the issuance of its initialreport as defined in Subsection 58-26a-102(16).

(9) Mergers, Combinations, Dissolutions or Separations.(a) Mergers or combinations: In the event that two or

more firms are merged or sold and combined, the surviving firmshall retain the year of review of the largest firm.

(b) Dissolutions or separations: In the event that a firm isdivided, the new firms shall retain the year of review of theformer firm. In the event that this period is less than 12 months,a new year shall be assigned so that the review occurs after 12months of operation.

(c) Upon application to the administering organization anda showing of hardship caused solely by compliance with R156-26a-303a(10), the Division may authorize a change in a firm'syear of review.

(10) If the firm can demonstrate that the time establishedfor the conduct of a peer review will create an unreasonablehardship upon the firm, the Division may approve an extensionnot to exceed 180 days from the date the peer review wasoriginally scheduled. A request for extension shall be addressedin writing by the firm to the Division with a copy to theadministering organization responsible for administration of thatfirm's peer review. The written request for extension must bereceived by the Division and the administering organization notless than 30 days prior to the date of scheduled review or therequest will not be considered. The Division shall inform theadministering organization of the approval of any extension.

(11) Retention of Documents Relating to Peer Reviews.(a) All documentation necessary to establish that each peer

review was performed in conformity with peer review standardsadopted by the Board, including the peer review workingpapers, the peer review report, comment letters and relatedcorrespondence indicating the firm's concurrence ornonconcurrence, and any proposed remedial actions and relatedimplementation shall be maintained.


(b) The documents described in R156-26a-303a(11)(a)shall be retained for a period of time corresponding to thedesignated retention period of the relevant administeringorganization. In no event shall the retention period be less than90 days.

(12) Costs and Fees for Peer Review.(a) All costs associated with firm-on-firm reviews will be

negotiated between the firm and the reviewer and paid directlyto the reviewer. All costs associated with committee assignedreview team (CART) reviews will be set by the administeringorganization. The administering organization will collect thefees associated with CART reviews and pay the reviewer.

(b) All costs associated with the administration of thereview process will be paid from fees charged to the firms. Thefees will be collected by the administering organization. Theschedule of fees will be included in the administeringorganization's proposal. The fee schedule will specify howmuch is to be paid each year and will be based on the firm size.

(13) All financial statements, working papers, or otherdocuments reviewed are confidential. Access to thosedocuments shall be limited to being made available, uponrequest, to the Peer Review Committee or the technical reviewerfor purposes of assuring that peer reviews are performedaccording to professional standards.

R156-26a-303b. Renewal and Reinstatement Requirements -Continuing Professional Education (CPE).

(1) All CPAs are required to maintain current knowledge,skills, and abilities in all areas in which they provide services inorder to provide services in a competent manner. To maintainor to obtain the knowledge, skills and abilities to competentlyprovide services, a CPA may be required to obtain CPE aboveand beyond the 80 minimum CPE credits specified in Section58-26a-304.

The following standards have been broadly stated inrecognition of the diversity of practice and experience amongCPAs. They establish a framework for the development,presentation, measurement, and reporting of CPE programs andthereby help to ensure that CPAs maintain the requiredknowledge, skills and abilities necessary to competently provideservices and to enable to the CPA to provide evidence ofmeeting the minimum CPE requirements specified under thisrule.

(2) General Standards for CPAs.(a) Standard No. 1. All CPAs must participate in CPE

learning activities that maintain and/or improve theirprofessional competence. This CPE must include a minimum of80 hours of CPE in each two-year period ending on December31 of each odd numbered year.

(i) The term "must", as used in these standards, meansdeparture from those specific standards is not permitted. Theterm "should", as used in these standards, means that CPAs andCPE program sponsors are expected to follow such standards aswritten and are required to justify any departures from suchstandards when unusual circumstances warrant such departures.

(ii) Selection of CPE learning activities should be athoughtful, reflective process addressing the individual CPA'scurrent and future professional plans, current knowledge andskills level, and desired or needed additional competence tomeet future opportunities and/or professional responsibilities.

(iii) A CPA's field of employment does not limit the needfor CPE. CPAs performing professional services need to have abroad range of knowledge, skills, and abilities. Thus, theconcept of professional competence should be interpretedbroadly. Accordingly, acceptable continuing educationencompasses programs contributing to the development andmaintenance of both tech

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