Utah Administrative Code
Topic - Commerce
Title R156 - Professional Licensing
Rule R156-38a - Residence Lien Restriction and Lien Recovery Fund Rule
Section R156-38a-105b - Notices of Denial - Notices of Incomplete Application - Conditional Denial of Claims - Extensions of Time to Correct Claims - Prolonged Status
Universal Citation: UT Admin Code R 156-38a-105b
Current through Bulletin 2024-18, September 15, 2024
(1)
(a) A
written notice of denial of a claim or certificate of compliance shall be
provided to an applicant who submits a complete application if the Division
determines that the application does not meet the requirements of Section
38-11-204
or Subsection
38-11-110(1)(a),
respectively.
(b) A written notice
of incomplete application shall be provided to an applicant who submits an
incomplete application. The notice shall advise the applicant that the
application is incomplete and that the application will be denied, unless the
applicant corrects the deficiencies within the time period specified in the
notice and the application otherwise meets all qualifications for
approval.
(2) An applicant may upon written request receive a single 30 day extension of the time period specified in the notice of incomplete application.
(3)
(a) A
claimant may for any reason be granted a single request for prolonged
status;
(b) A homeowner seeking
issuance of a certificate of compliance may be granted prolonged status if the
homeowner submits a written request documenting that the homeowner:
(i) can be reasonably expected to complete
the application if an additional extension is granted; or
(ii) has filed a pending action in small
claims or district court to resolve a dispute of the affidavit of
compliance.
(c) An
application under (3)(a) or (3)(b) that is granted prolonged status shall be
inactive for a period of one year or until reactivated by the applicant,
whichever comes first.
(d) At the
end of the one year period, the applicant under (3)(a) or (3)(b) shall be
required to either complete the application or demonstrate reasonable cause for
prolonged status to be renewed for another one year period. The following shall
constitute valid causes for renewing prolonged status:
(i) continuing litigation the outcome of
which will affect whether the applicant can demonstrate compliance with Section
38-11-110
or
38-11-204;
(ii) ongoing bankruptcy proceedings involving
the nonpaying party or contracting entity that would prevent the applicant from
complying with Section 38-11-204;
(iii) continuing compliance by the nonpaying
party with a payment agreement between the claimant and the nonpaying party;
or
(iv) other reasonable cause as
determined by the presiding officer.
(e) Upon expiration of the one year prolonged
status of an application, the Division shall issue to the applicant an updated
notice of incomplete application pursuant to Subsection (1)(b). Included with
that notice shall be a form that provides the applicant an opportunity to:
(i) reactivate the application;
(ii) withdraw the application; or
(iii) request prolonged status be renewed
pursuant to Subsection (3)(d).
(f) A request for renewal of prolonged status
made under Subsection (3)(d) shall include evidence sufficient to demonstrate
the validity of the reasons given as justification for renewal.
(g) If an applicant's request for prolonged
status or renewal of prolonged status is denied, the applicant may request
agency review.
(h) An application
which has been reactivated from prolonged status may not be again prolonged
unless the applicant can establish compliance with the requirements of
Subsection (3)(d).
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