Section R70-910-6 - Requirements for the Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices(1) Per Section 4-9-109, the department incorporates by reference the 2024 version of the Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices as adopted by the National NCWM and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," with the following modifications.(2) The department shall require annual registration to service weighing devices or measuring devices from: (a) individuals or Servicepersons; or(b) Service Agencies, defined as an agency, firm, company, or corporation that for hire, award, commission, or any other payment of any kind installs, services, repairs, reconditions, calibrates, or places into service a commercial weighing or measuring device.(3) Individuals or Service Agencies shall provide evidence or demonstrate through a department approved exam or equivalent that they: (a) are qualified to install, service, repair, or recondition a commercial weighing or measuring device;(b) have a thorough working knowledge of applicable weights and measures laws, orders, rules, and regulations; and(c) possess, or have access to, suitable and calibrated weights and measures field standards and testing equipment, adequate in amount and appropriate in design.(4) A Service Agency that provides training for Servicepersons shall notify the department and shall register Servicepersons within 30 days of completing the training.(5) The department shall notify denied applicants in writing if the applicant fails to complete the entire application;(6) The department may issue a notice of conditional denial on incomplete applications and allow the applicant a specified amount of time to correct any deficiencies.(7) Applicants shall submit the annual registration fee at the time of registration.(8) Department employees may not be eligible for registration as a Serviceperson under this rule.(9)(a) A registered Serviceperson shall be qualified to place in service or remove a rejection tag from a heavy capacity scale after the department certifies adequate testing weights.(b) The department shall consider adequate testing weights as 10,000 pounds of test weights or one-fourth the capacity of the scale, whichever is less.(10) Servicepersons or Service Agencies not registered with the department may not: (a) place into public or commercial service a weighing or measuring device; or(b) represent themselves as a registered Serviceperson by the department.(11) The department may, for good cause, after careful investigation, consideration, and due notice and process, including an opportunity for a hearing, suspend or revoke a Certificate of Registration under this rule and Section 4-1-106.(12) If the department suspends or revokes the registration of a Serviceperson, they shall notify the known employing Service Agency within three business days.(13) It shall be unlawful for an individual to place into public or commercial service a weighing or measuring device that a registered Serviceperson has not tested or sealed.Utah Admin. Code R70-910-6
Amended by Utah State Bulletin Number 2021-13, effective 6/28/2021Adopted by Utah State Bulletin Number 2024-16, effective 8/12/2024