Current through Bulletin 2024-18, September 15, 2024
The following supporting documents shall, at a minimum,
accompany each nonlaborer claim for recovery from the fund:
(1) one of the following:
(a) a copy of the certificate of compliance
issued by the Division establishing that the owner is in compliance with
Subsection
38-11-204(4)(a) and (b) for the residence at issue in the
claim;
(b) the documents required
in Section R156-38a-110 a; or
(c) a
copy of a civil judgment containing findings of fact that:
(i) the homeowner entered a written contract
in compliance with Subsection
38-11-204(4)(a);
(ii) the contracting entity was licensed or
exempt from licensure under Title 58, Chapter 55, Utah Construction Trades
Licensing Act;
(iii) the homeowner
paid the contracting entity in full in accordance with the written contract and
any amendments to the contract; and
(iv) the homeowner is an owner as defined in
Subsection
38-11-102(17) and the residence is an owner- occupied residence as defined in Subsection
38-11-102(18);
(2) if the applicant
recorded a notice of claim under Section
38-1-7,
a copy of that notice establishing the date that notice was filed.
(3) one of the following as applicable:
(a) a copy of an action date stamped by a
court of competent jurisdiction filed by the claimant against the nonpaying
party to recover monies owed for qualified services performed on the
owner-occupied residence; or
(b)
documentation that a bankruptcy filing by the nonpaying party prevented the
claimant from satisfying Subsection (a);
(4) one of the following:
(a) a copy of a civil judgment entered in
favor of the claimant against the nonpaying party containing a finding that the
nonpaying party failed to pay the claimant pursuant to their contract;
or
(b) documentation that a
bankruptcy filing by the nonpaying party prevented the claimant from obtaining
a civil judgment, including a copy of the proof of claim filed by the claimant
with the bankruptcy court, together with credible evidence establishing that
the nonpaying party failed to pay the claimant pursuant to their
contract;
(5) one or
more of the following as applicable:
(a) a
copy of a supplemental order issued following the civil judgment entered in
favor of the claimant and a copy of the return of service of the supplemental
order indicating either that service was accomplished on the nonpaying party or
that said nonpaying party could not be located or served;
(b) a writ of execution issued if any assets
are identified through the supplemental order or other process, which have
sufficient value to reasonably justify the expenditure of costs and legal fees
which would be incurred in preparing, issuing, and serving execution papers and
in holding an execution sale; or
(c) documentation that a bankruptcy filing or
other action by the nonpaying party prevented the claimant from satisfying
Subparagraphs (a) and (b);
(6) certification that the claimant is not
entitled to reimbursement from any other person at the time the claim is filed
and that the claimant will immediately notify the presiding officer if the
claimant becomes entitled to reimbursement from any other person after the date
the claim is filed; and
(7) one or
more of the following:
(a) a copy of invoices
setting forth a description of, the location of, the performance dates of, and
the value of the qualified services claimed;
(b) a copy of a civil judgment containing a
finding setting forth a description of, the location of, the performance dates
of, and the value of the qualified services claimed; or
(c) credible evidence setting forth a
description of, the location of, the performance dates of, and the value of the
qualified services claimed.
(8) If the claimant is requesting payment of
costs and attorney fees other than those specifically enumerated in the
judgment against the nonpaying party, the claim shall include documentation of
those costs and fees adequate for the Division to apply the requirements set
forth in Section R156-38a-204 d.
(9) In claims in which the presiding officer
determines that the claimant has made a reasonable but unsuccessful effort to
produce all documentation specified under this rule to satisfy any requirement
to recover from the fund, the presiding officer may elect to accept the
evidence submitted by the claimant if the requirements to recover from the fund
can be established by that evidence.
(10) A separate claim must be filed for each
residence and a separate filing fee must be paid for each claim.
