Utah Administrative Code
Topic - Commerce
Title R156 - Professional Licensing
Rule R156-55d - Burglar Alarm Licensing Rule
Section R156-55d-502 - Unprofessional Conduct
Universal Citation: UT Admin Code R 156-55d-502
Current through Bulletin 2024-24, December 15, 2024
(1) "Unprofessional conduct" includes:
(a) failing as an alarm
company to notify the Division of the cessation of performance of its
qualifying agent or failing to replace its qualifying agent as required under
Section
R156-55d-306;
(b) failing as an alarm company agent to
carry or display a copy of the licensee's license as required under Section
R156-55d-601;
(c) failing as an alarm agent to carry or
display a copy of his Electronic Security Association (ESA) level one
certification or equivalent training as required under Section
R156-55d-603;
(d) employing as an alarm company a
qualifying agent or alarm company agent knowing that individual has engaged in
conduct inconsistent with the duties and responsibilities of an alarm company
agent.
(e) failing to comply with
operating standards established by rule;
(f) failing as a burglar alarm company or a
burglar alarm company agent to report an arrest, charge, indictment, or
violation as required by Subsection
R156-55d-605;
(g) a judgment on, or a judicial or
prosecutorial agreement concerning a felony, or a misdemeanor involving moral
turpitude, entered against an individual by a federal, state or local court,
regardless of whether the court has made a finding of guilt, accepted a plea of
guilty or nolo contendere by an individual, or a settlement or agreement
whereby an individual has entered into participation as a first offender, or an
action of deferred adjudication, or other program or arrangement where judgment
or conviction is withheld;
(h)
making false, misleading, deceptive, fraudulent, or exaggerated claims by an
alarm company agent; and
(i) an
alarm business or company having a residential or commercial false alarm rate
100% above the average of the residential or commercial false alarm rate of the
municipality or county jurisdiction in which the alarm business or company's
alarm systems are located.
(2) Unprofessional conduct by an alarm company agent, whether compensated as a W-2 employee or compensated in accordance with 26 U.S.C. Section 3508 as a direct seller, may also be unprofessional conduct of the alarm company employing the alarm company agent.
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