If you own a business, chances are you have had to deal with the Department of Occupational and Professional Licensing otherwise known as DOPL. DOPL issues and supervises licenses for various trades including, massage therapists, plumbers, electricians, contractors, hair stylists, psychologists, etc. It seems that now days every trade needs a license from DOPL so that individuals can have the privilege of a making a living. It seems like a screwed up world where someone has to have a license from the government in order to do basic things like build a house, but that’s how it is and the need for a Utah DOPL lawyer.
Licensing, Renewals, and Disciplinary Action
Contact a Utah DOPL lawyer for your hearing. If you are facing disciplinary proceedings with DOPL for some indiscretion committed in your past you may want to consider having an attorney present with you through all the DOPL proceedings. Your license is at stake and without that license you may be out of the job.
Protecting Your Professional License
A professional license represents the culmination of years of perseverance and sacrifice. It carries with it not only the key to your livelihood but a new world of responsibilities. For many professions, these responsibilities are governed and enforced by the Utah Division of Occupational and Professional Licensing (DOPL). DOPL is a Utah state agency tasked with the licensing, investigation, and regulation of roughly 60 different professions within the state. From plumbers and dieticians to funeral directors and midwives, DOPL acts as gatekeeper and watchdog in an effort to preserve the legitimacy and integrity of dozens of professions. And these are, without a doubt, valuable functions, both to consumers and to professionals within these fields. But a DOPL inquiry represents a challenge not only to your competency and judgment but also to your very livelihood. At worst, your professional license could be revoked. But even a suspension or a public reprimand can have serious repercussions for your professional reputation. Once a complaint has been filed with DOPL, it goes through a preliminary review. That review results in one of three findings: (i) no violation; (ii) violation, but beyond DOPL’s jurisdiction or authority; (iii) or violation within DOPL’s jurisdiction or authority. The first finding is, of course, the best outcome for a professional against whom a complaint has been made. When there is a finding of no violation, the file is closed and no public reporting of the matter occurs. The second finding generally does not end the matter. DOPL may pass the matter along to the appropriate authority to investigate, or DOPL may issue a letter of concern regarding the matter to the professional involved. A letter of concern will bring the issue to the professional’s attention, and it will give the professional a chance to respond. A letter of concern is not public, and it is not a disciplinary action. However, a letter of concern on file with DOPL may have an effect on DOPL’s determination on any future complaint. The third finding will trigger a more in-depth investigation by DOPL. At what point the professional is notified depends on the individual investigation. Depending on what the evidence shows, one of a few different types of hearings will be called. These are administrative hearings, as DOPL generally functions under the Utah Administrative Procedures Act. The hearings usually take the shape of a mini-trial. In every instance, the professional will have an opportunity to be heard, and to tell his or her side of the story. Navigating administrative procedures even the “informal” ones can be perilous. And your story and personality can get lost in the shuffle.
License Requirements in Utah
Utah licenses both security officers and security agencies. The Division of Occupational and Professional Licensing (DOPL) recognizes three types of security officer: unarmed, armed, and armored car. Requirements include background check, training, and assessment. The state also sets standards for qualifying agents: professionals who are responsible for the operations of security companies; these professionals may be proprietors or managers. Qualifying agents must meet examination and experience requirements. The qualifying agent and other managers and major shareholders are fingerprinted.
Requirements for Unarmed Security Officers in Utah
Prospective security officers must meet eligibility and training requirements. A prospective security officer will be denied licensure based on a felony, a misdemeanor that involves moral turpitude, or another crime that, when the duties of a security officer are taken into account, indicates that licensure would not be in the public interest. Disqualifying crimes are referenced in state rule. Other disqualifiers include chemical dependency, habitual drunkenness or having been declared incompetent by a court of competence (unless competence has since been restored). The prospective guard will need to complete a Division-approved training program, consisting of required subjects and electives.
The basic program will include at least 16 hours of required courses. It will cover the following:
• Private security nature and role
• Legal responsibilities
• State laws and rules
• Situational response evaluations
• Patrol techniques
• Documentation and report writing
• Use of force (including alternatives)
• Community/ police relations
• Sexual harassment in the workplace
The program will include eight hours of electives. The following are among the topics that may be covered:
• CPR and first aid
• Self-defense
• Access control
• Crowd control
• Use of defensive objects
The program will culminate in an exam that includes concepts covered in the 16 hours of basic training. The student will need to score at least 80%. Unarmed guards are responsible for completing 16 hours of continuing education.
How A Felony Affects A Nursing License Application In Utah
The Utah Legislature has taken a hard line against registered nurses who are convicted of felonies. In fact, even a felony plea in abeyance has serious adverse consequences to applying for a nursing license in Utah. Under Utah statutes, a nursing license is conditional on a criminal background check. When a nurse applies for a license through the Department of Occupational and Professional Licensing (DOPL), the applicant must disclose any and all criminal convictions and pleas. A plea in abeyance (an agreement between the state and the defendant where a guilty or no contest plea is taken but not entered as a conviction and then ultimately dismissed if the terms of the agreement are met) also must be disclosed on the application. If a criminal background check is run and it is found that the applicant did not disclose a conviction or plea, the application is automatically denied. A conviction for or a plea to a violent felony disqualifies an applicant from getting a nursing license. If the nurse is attempting to renew a license, DOPL cannot renew or issue a license to the nurse. A non-violent felony conviction or plea will result in disqualifying the applicant for five (5) years from the date the terms of probation or abeyance are completed. That means that if an applicant enters into a plea in abeyance for something like insurance fraud and the abeyance term is for 36 months, the applicant cannot apply until five (5) years have passed after the end of the 36 month period, so a total of 8 years! If a licensed nurse commits a nonviolent felony and then attempts to renew the license, DOPL will determine if the offense disqualifies the nurse under Utah Code 58-1-401. If your license or application is denied, you may be able to appeal your case, but there is no guarantee that your appeal will be successful. When it comes to your career though, you have to fight and take advantage of every possible procedural avenue available to you.
How to Get a Contractor’s License in Utah
If you’ve tried to get your contractor’s license in Utah before, you know it’s an involved process. From the pre-license courses to the contractor’s exam, there’s a lot to figure out. Unlike other states, acquiring your contractor’s license in Utah is a bit more complicated, so it’s essential to know exactly what steps you need to take to get the license you need.
Who needs a contractor’s license in Utah?
Getting your contractor’s license is especially important in Utah for many reasons. The leading reason is that it’s a Class A misdemeanor to not have a current contractor’s license. In other words, if you operate without a license, you’ll be subject to fees and penalties. And no one wants that. Another reason to get your contractor’s license is that it’s great for business. Clients want to work with contractors they can trust and that is skilled enough to meet the state’s licensure requirements. The state of Utah defines a general contractor as, “qualified by education, training, experience, and knowledge to perform or superintend construction of structures for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind or any up to four units may perform the mechanical work and hire a licensed plumber or electrician as an employee.”
The State of Utah recognizes 23 types of contractors, including:
• General engineering contractor
• General building contractor
• Residential and small commercial contractor
• Elevator contractor
• General plumbing contractor
• Residential plumbing contractor
Requirements To Becoming A Licensed Contractor In Utah
Before you can start applying for your contractor’s license, you need to verify that you meet all the requirements. Let’s take a look at them in detail.
• Complete a 25-hour pre-license course: All applicants must complete a 25-hour pre-license course before applying. You can take the course either through the Associated General Contractors of Utah or the Utah Home Builders Association. Keep in mind; these are the only two approved course providers.
• General Liability Insurance: You must have proof of general liability insurance with at least $100,000 in coverage per incident and $300,000 in total coverage. The Department of Occupational and Professional Licensing (DOPL) must be listed as a certificate holder. Make sure you get a quote so you can be sure you’re getting the best coverage for the best price.
• Register your business: No matter if you’re a corporation, sole proprietor, LLP, LLC, or partnership, you must register your business with the Utah Division of Corporations. After you register, make sure you apply for your Employer Identification Number (EIN) through the IRS. However, if you’re a sole proprietor, you have the option to use your social security number instead of an EIN. Either way is acceptable.
• Complete two years of construction work experience: The State of Utah requires that all applicants complete and prove two years or 4,000 hours of construction experience.
If you have employees, there are a few additional requirements to meet:
• Workers’ Compensation: For the most part, all employers need to implement Workers’ Compensation. For more details on the parameters, check out the Utah Insurance Department website.
• State withholding tax: All applicants with employees must register with the Utah Tax Commission.
• Unemployment registration: In the state of Utah, all employers must have unemployment insurance through the Utah Department of Workforce Services.
How to Renew a Driver’s License in Utah
If you live in the state of Utah and carry a driver’s license, you will have to renew the license every five years. You should renew your license before it expires to avoid becoming an unlicensed driver and getting a traffic ticket.
Utah license renewal regulations allow you to renew your UT driver’s license six months before its expiration. If you allow your license to expire for more than six months, you have to take a 25-question written test to get your license renewed. You also will have to provide identification documents other than your Utah driver’s license or state ID card. Once you complete the renewal process, your license will be valid for five years.
Renewing a driver’s license in Utah can be conveniently done online. The Department of Public Safety limits the online renewal service to those who have already verified their identity with the Driver’s License Division. If you are eligible, the Utah Department of Public Safety has a website for you to input information to complete the process. You will need a PIN number to complete the online renewal. Once you go to the website, follow the step-by-step instructions to complete the renewal process.
Utah has a convenient way to schedule your driver’s license appointment online so that no time is wasted when going in to renew at the DMV location nearest to you. You can utilize the Utah Driver’s License Division scheduler on the public safety website, choosing an appointment time convenient for you. On the website, you choose what type of service you would like to utilize, answer a few questions, and choose your appointment time.
To renew your UT driver’s license or state ID in person involves the following steps:
• Complete an application in the office or do it online ahead of time.
• Take a new photo.
• Pass an eye exam.
• Complete a medical questionnaire.
• Provide your current Utah driver’s license or state ID card.
• If you need to change your address, then provide two pieces of proof of your Utah residency.
• If you change your name, provide legal proof of the name change.
• Submit a nonrefundable required license renewal fee of $25.
The Utah Division of Occupational and Professional Licensing Requirements
Health care providers licensed to prescribe controlled substances are required to complete 4 hours of approved continuing education on Schedule II and III controlled substances that are applicable to opioid narcotics, hypnotic depressants, and psycho stimulants. A controlled substance prescriber shall complete at least 3.5 hours of continuing education hours in one or more controlled substance prescribing classes and .5 hour for the online DOPL tutorial. Only approved courses will be accepted. Licenses must be renewed every two years.
The Importance of Fighting Criminal Charges If You Have An Occupational License
Hard working professionals charged with misconduct could face significant losses in their employment, income, well-being and the ability to support their families.
Professional Occupational License Defense
To determine the best route of defense against a charge of occupational misconduct, seek the services attorney to assist you in protecting your rights. Individuals like nurses, realtors, therapists, contractors, commercial drivers, general practitioners and anyone else who must have an occupational license can lose their livelihoods upon receiving a criminal charge. If you possess an occupational license it is important to fight such charges. The penalties issued against occupational professionals could cause loss of employment and an inability to seek similar or higher positions in the future. Misconduct charges are a major offense and with the assistance of an expert attorney, the entire case is evaluated to help salvage a professional reputation and future career.
Professional Occupational Misconduct In Utah
All occupational practitioners are required to answer to their licensing board when criminally charged. In many cases, the sanctions issued by the board are harsher than those issued by the court. If you are facing a disciplinary action with the Utah DOPL or Division of Occupational and Professional Licensing, an expert attorney must be consulted. Whether facing suspension, revocation or a disciplinary hearing, it is important to find professional legal counsel. Issues surrounding the charges are carefully examined and recommendations are provided for an effective defense. The role of the DOPL in Utah is to investigate all claims of misconduct against certified occupational practitioners. A case evaluation that is followed by disciplinary action involves severe penalties. The revocation of license, hefty fines, and suspension are among the possible outcomes. Even if you are issued a warning from the DOPL, it will remain in your records. Such citations could easily jeopardize future career and employment opportunities. It hinders your professional capacity and can affect your reputation with your professional peers. Any form of the criminal charge made against an occupational professional must be carefully assessed by attorneys who specialize in this area. Do not fail to seek legal counsel before facing the board. It is better to prevent such charges from having a permanent mark on your records than attempt to fight it later.
Your defense attorney assists in negotiations between clients and the DOPL. To strengthen individual cases and protect occupational rights, your attorney will thoroughly investigate all allegations. Attorneys in Utah aim to negotiate the charges that are filed against practitioners. The legal system fully assesses the claims made by all parties involved. Many occupational professionals are able to continue their practice and avoid the revocation of their license. A significant criminal charge made against a certified occupational practitioner can have serious implications, from loss of licensing to loss of reputation and compromised future employment. Avoid the harsh and often, unnecessary board penalties issued by the DOPL with reliance on the expertise of skilled and knowledgeable occupational defense attorney
Get One or More Business Licenses
Not every Utah business needs a license. However, many types of business either can or must get one or more state licenses or permits which are issued by different state agencies. Almost anyone doing business in Utah must register with the state. You should use Utah’s One Stop Business Registration for this purpose. Registration is primarily overseen by the Department of Commerce (DOC). However, the One-Stop online system allows you to register simultaneously with all of the following state agencies:
• Utah State Tax Commission
• Utah Labor Commission
• Utah Department of Commerce
• Utah Department of Workforce Services, and
• Utah Department of Environmental Quality.
Apart from state-issued licenses, many business licenses and permits are issued locally. All businesses are required to be licensed with the local municipality where they are doing business. However, each city and county can have unique requirements and procedures. Moreover, you generally will need local licenses in each place where your business operates. You can find more details by checking the website for the cities and counties where you’ll be doing business. As examples, Salt Lake City and Utah County have websites providing information on local licensing. Some businesses may be exempt from local licensing requirements under state or federal law.
Utah DOPL Attorney
When you need a Utah DOPL Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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