Section R156-55a-302f - Pre-licensure Education - Standards(1) The 25-hour pre-licensure course required by Subsection 58-55-302(1)(e)(iii) and the five-hour pre-licensure course required by Subsection 58-55-302(1)(e)(iv) shall be completed by the qualifier for a contractor license applicant. (a) Any approved 20-hour pre-licensure course completed by the qualifier before November 30, 2017 shall be accepted by the Division as satisfaction of the 25-hour and five-hour pre-licensure course requirements in Subsections 58-55-302(1)(e)(iii) and (iv).(b) Any approved 25-hour pre-license course completed by the qualifier before July 1, 2019 shall be accepted by the Division as satisfaction of the 25-hour and five-hour pre-license course requirements in Subsections 58-55-302(1)(e)(iii) and (iv).(2) The 25-hour course may include a provider-administered exam at the end of the course for no additional fee, and shall include the following topics and hours of education relevant to the practice of the construction trades consistent with the laws and rules of this state:(a) 15 hours of financial responsibility instruction that includes the following: (i) record keeping and financial statements;(ii) payroll, including: (B) worker compensation insurance requirements;(C) unemployment insurance requirements;(D) professional employer organization alternatives;(E) prohibitions regarding paying employees on 1099 forms as independent contractors, unless licensed or exempted;(F) employee benefits; and(G) Fair Labor Standard Act;(iv) insurance requirements including auto, liability, and health; and(v) independent contractor licensure and exemption requirements;(b) six hours of construction business practices that includes the following: (i) estimating and bidding;(iii) project management;(c) two hours of regulatory requirements that includes the following:(ii) Occupational Safety and Health Administration (OSHA);(iii) Environmental Protection Agency (EPA); and(iv) consumer protection laws; and(d) two hours of mechanic lien fundamentals that include the State Construction Registry.(3) The five-hour course shall include five hours of education on the topics covered in the Utah Contractor Business and Law Examination. The five-hour course may include a provider-administered exam at the end of the course for no additional fee.(4) Under Subsections 58-55-102(7) and 58-55-302(1)(e)(iii) and (iv), an approved pre-licensure course provider shall offer the 25-hour and five-hour course: (a) at least 12 times per year;(b) shall comply with Subsection 58-55-102(7)(b); and(c) except as necessary to meet the requirements of Subsection 58-55-102(7)(b), is not obligated to provide a course if the provider determines enrollment is not sufficient to break even on cost.(5) A pre-licensure course shall meet the following standards: (a) Each hour of pre-licensure course credit shall consist of 50 minutes of education in the form of live lectures or training sessions. Time allowed for lunches or breaks may not be counted as part of the course time for which course credit is issued.(b) The learning objectives of the pre-licensure course shall be reasonably and clearly stated.(c) The pre-licensure course shall be presented in a competent and well-organized manner consistent with the stated purpose and objective of the program. The student shall demonstrate knowledge of the course material.(d) The pre-licensure course shall be prepared and presented by individuals who are qualified by education, training or experience.(e) A pre-licensure course may not be taught by distance learning, internet course, or home study course.(f) The provider shall have a competent method of registration and verification of attendance of individuals who complete the pre-licensure education.(g) The provider shall provide or develop a pre-licensure course curriculum and study guide for the pre-licensure course, and have them pre-approved by the Commission and the Division before use.(h) The pre-licensure education course may be taught by live broadcast if: (i) the student and the instructor are able to see and hear each other; and(ii) a representative of the provider is at any remote location to monitor registration and attendance at the course.(6) The pre-licensure course provider shall provide individuals completing the pre-licensure course a certificate that contains: (a) the date of the pre-licensure course;(b) the name of the pre-licensure course provider;(d) verification of completion; and(e) the signature of the pre-licensure course provider.(7) A pre-licensure course provider shall, within seven calendar days, submit directly to the Division verification of attendance and completion on behalf of persons attending and completing the program. This verification shall be submitted on forms approved by the Division.(8) On a random basis, the Division or Commission may assign monitors to attend a pre-licensure course at no charge to evaluate the course and the instructor.(9) Each provider shall maintain adequate documentation to prove compliance with this section for at least four years after the end of a pre-licensure course, and make such documentation available for review by the Division or the Commission upon request. Documentation shall include:(a) the dates of pre-licensure courses that have been completed;(b) registration and attendance logs of individuals who completed the pre-licensure course;(c) the names of instructors for each course provided as a part of the program; and(d) pre-licensure course handouts and materials.(10) Under Subsections 58-55-302(1)(e)(iii) and (iv), the following persons are not required to complete the pre-licensure course program: (a) a person holding a four-year bachelor's degree or a two-year associate degree in Construction Management from a program or institution recognized by the United States Department of Education;(b) a person holding an active and unrestricted Utah professional engineer license;(c) a person who is or has been a qualifier on an active and unrestricted Utah contractor license within the past five years; and(d) a person who qualifies for licensure by endorsement as a contractor pursuant to Section 58-1-302.Utah Admin. Code R156-55a-302f
Adopted by Utah State Bulletin Number 2014-21, effective 10/9/2014Amended by Utah State Bulletin Number 2015-24, effective 11/23/2015Amended by Utah State Bulletin Number 2017-23, effective 11/7/2017Amended by Utah State Bulletin Number 2019-16, effective 7/22/2019Amended by Utah State Bulletin Number 2020-19, effective 9/22/2020Amended by Utah State Bulletin Number 2023-02, effective 1/3/2023