(15) At the end of the five-year period the licensed display operator, special effects operator, flame effects operator, or flame effects performing artist shall take a re-examination.(a) The re-examination shall be open book and sent to the license holder at least 60 days before the renewal date.
(b) The re-examination shall focus on the changes in the last 5 years to the adopted standards.
(c) The license holder is responsible to complete the re-examination and return it to the division in time to renew and also comply with the requirements listed in Subsection R710-2-8(16).
(16) After the issuance of the original license, and each year thereafter, the display operator, special effects operator, flame effects operator, or flame effects performing artist shall complete a minimum of one of the following:
(a) complete one show or performance annually;
(b) attend an operator safety class or flame effects performing artist meeting annually; and
(c) work with another licensed display operator, special effects operator, flame effects operator, or flame effects performing artist with a show annually to demonstrate proof of competence.
(17) When the license has expired for more than one year, an application shall be made for an original license and the initial requirements shall be completed as required in Subsections R710-2-8(11) and R710-2-8(12).
(18) Every person who wishes to secure a display operator, special effects operator, flame effects operator, or flame effects performing artist license shall be at least 21 years of age.
(19)(a) Every licensed display operator, special effects operator, flame effects operator, or flame effects performing artist shall complete an After Action Report within ten working days after the conclusion of any show and send it to the State Fire Marshal.
(b) If there are more than one licensed operator involved in the show, only one After Action Report needs to be sent to the State Fire Marshal for that show.
R710-2-9. Importer or Wholesaler License.
(1) Application for an importer or wholesaler license shall be made in writing on forms provided by the SFM.
(2) Application for a license shall be signed by the applicant.
(a) If the application is made by a partnership, it shall be signed by each partner.
(b) If the application is made by a corporation or association, it shall be signed by a principal officer.
(3)(a) Original licenses shall be valid from the date of issuance through December 31st of the year in which issued.
(b) Original licenses issued on or after October 1st, will be valid through December 31st of the following year.
(4)(a) The SFM may refuse to renew any license pursuant to Section R710-2-10.
(b) The applicant, upon such refusal, shall also have those rights as are granted by Section R710-2-10.
(5) Every licensee shall notify the SFM within 30 days of any change of address or location.
(6) No licensee shall conduct licensed business under a name other than the name which appears on the license.
(7) No license shall be issued to any person as licensee who is under 21 years of age.
(8) The holder of any license shall submit such license for inspection upon request of the SFM, SFM authorized deputies, or any authorized enforcement official.
R710-2-10. Adjudicative Proceedings.
(1) Adjudicative proceedings performed by the agency shall proceed informally as set forth in this rule and as authorized by Sections 63G-4-202 and 63G-4-203.
(2) The issuance, renewal, or continued validity of a license may be denied, suspended or revoked, if the SFM, or an authorized deputy finds that the applicant, licensee, person employed for, the person having authority and management of a concern commits any of the following violations:
(a) the person or applicant is not the real person in interest;
(b) the person of applicant provides material misrepresentation or false statement on the application;
(c) the person or applicant refuses to allow inspection by the AHJ;
(d) the person or applicant for a license does not possess the qualifications of skill or competence to conduct operations for which application is made, as evidenced by failure to pass the written examination, demonstrate practical skills or complete the safety class;
(e) the person or applicant has been convicted of one or more federal, state or local laws;
(f) failure to accurately complete the After Action Report;
(g) the person or applicant has been convicted of a violation of the adopted rules or been found by a Board administrative proceeding to have violated the adopted rules;
(h) any offense or finding of unlawful conduct, or there is or may be, a threat to the public's health or safety if the applicant or person were granted a license or certificate of registration; or
(i) there are other factors upon which a reasonable and prudent person would rely to determine the suitability of the applicant or person to safely and competently engage in the practice of being an importer, wholesaler, display operator, special effects operator, flame effects operator or flame effects performing artist.
(3) A person may request a hearing on a decision made by the AHJ, by filing an appeal to the board within 20 days after receiving final notice from the AHJ.
(4) Adjudicative proceedings, other than criminal prosecution, taken by the AHJ to enforce the Utah Fire Prevention and Safety Act, and this rule, shall commence in accordance with Section 63G-4-201.
