Current through the 2024 Fourth Special Session
Section 41-3-202.2 - Provisional license(1) As used in this section: (a) "Provisional license" means a provisional version of a particular class of standard license.(b) "Standard license" means a license that the administrator is authorized to issue under Section 41-3-202 for a class for which a principal place of business is required under Section 41-3-204.(2) The administrator may issue a provisional license for any class of standard license the administrator issues under Section 41-3-202.(3) A person may apply to the administrator for a provisional license using the same procedure described in this chapter and under other applicable state law for a standard license of the same class as the provisional license.(4) Subject to Subsection (5), the administrator shall grant a provisional license to an applicant who: (a) demonstrates that the applicant meets all of the qualifications described in this chapter and under other applicable state law for a standard license of the same class as the provisional license, except for the requirement that the applicant maintain a principal place of business as required by Section 41-3-204;(b) complies with procedures established by the administrator; and(c) pays a fee established by the administrator.(5) In addition to demonstrating the qualifications described in Subsection (4), an applicant for a provisional license shall: (a) submit to the administrator a site acquisition plan that describes the applicant's anticipated principal place of business; and(b) demonstrate that the applicant's site acquisition plan describes a principal place of business that would comply with the requirements described in this chapter and under other applicable state law for the principal place of business of a licensee with a standard license of the same class as the provisional license.(6) A provisional license does not allow a person to act as a licensee with a standard license.(7) Subject to Subsections (8) and (9), once a person with a provisional license demonstrates to the administrator that the person meets all of the qualifications under this chapter and under other applicable state law for a standard license of the same class as the provisional license, the administrator shall grant the person a standard license of the same class as the provisional license without requiring that the person: (a) submit an additional application; or(b) pay an additional fee.(8)(a) A provisional license is valid for three months.(b) The commission may extend the term of a provisional license for an additional three months at the commission's discretion.(9) The commission may create application procedures for a provisional license in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(10) The commission may require and determine the amount of an application fee for a provisional license in compliance with Section 63J-1-504.Added by Chapter 124, 2017 General Session ,§ 1, eff. 10/1/2017.