Consumer information. (1) (a) The department shall inspect, investigate, and certify tow truck motor carriers, tow trucks, and tow truck operators to ensure compliance with this chapter and compliance with Sections 41-6a-1406 and 41-6a-1407. (b) The inspection, investigation, and certification shall be conducted before any tow truck operation and at least every two years thereafter. (c) (i) The department shall issue an authorized towing certificate for each tow truck motor carrier, tow truck, and tow truck operator that complies with this part and rules made by the department in accordance with Subsection (8). (ii) The authorized towing certificate described in this section shall expire two years from the month of issuance. (d) The department may charge a biennial fee established under Section 63J-1-504 to cover the cost of the inspection, investigation, and certification required under this part. (2) (a) To qualify for an authorized towing certificate described in Subsection (1), a tow truck operator shall: (i) submit to a fingerprint-based criminal background check, as described in Subsection (3); and (ii) obtain and maintain a valid medical examiner's certificate under 49 C.F.R. Sec. 391.45. (b) For each tow truck operator employed, a tow truck motor carrier shall: (i) maintain records of the updated background checks and a valid medical examiner's certificate, as required under this section; and (ii) biennially, make the records described in Subsection (2)(b)(i) available to the department. (3) (a) Before a tow truck motor carrier may hire an individual as a tow truck operator and receive an authorized towing certificate from the department as required in Subsection (2), the tow truck motor carrier shall require the individual to submit to the Department of Public Safety: (i) a fingerprint card in a form acceptable to the Department of Public Safety; and (ii) consent to a state and regional fingerprint background check by the Bureau of Criminal Identification. (b) The Bureau of Criminal Identification shall: (i) check the fingerprints submitted under this section against the applicable state and regional criminal records databases; (ii) report the results of the background check to the requesting tow truck motor carrier; (iii) maintain a separate file of fingerprints submitted under this part for search by future submissions to the local and regional criminal records databases, including latent prints; and (iv) establish a privacy risk mitigation strategy to ensure that the entity only receives notifications for the individuals with whom the entity maintains an authorizing relationship. (c) (i) Except for an individual hired as a tow truck operator before July 1, 2017, the department shall deny an individual's authorized towing certification, and the individual may not operate a tow truck in this state, if the individual has been convicted of any felony offense within the previous two years. (ii) The department may deny or revoke the authorized towing certification of a tow truck motor carrier that employs an individual who fails to comply with the background check required in this section. (4) The department shall make available to the public electronically accessible consumer protection information, including a list of all tow truck motor carriers that are currently certified by the department. (5) The department may deny a tow truck motor carrier's certification if the department has evidence that a tow truck motor carrier's tow truck operator fails to provide copies of the Utah Consumer Bill of Rights Regarding Towing to vehicle owners, as required under Section 72-9-603. (6) (a) If the department determines that a tow truck motor carrier has violated a provision of this part or an administrative rule made in accordance with this part, the department may: (i) deny or revoke a tow truck motor carrier's certification under this part; (ii) impose a civil penalty up to $2,000 for each violation; and (iii) require the removal of the tow truck motor carrier from a towing dispatch rotation as described in Section 72-9-604. (b) If the department requires the removal of a tow truck motor carrier from a towing dispatch rotation, contract, or request for proposal as described in Section 72-9-604, the department shall: (i) notify the Department of Public Safety and any relevant towing entity, as that term is defined in Section 72-9-604, of the removal; and (ii) notify the tow truck motor carrier of the removal. (c) A notice described in Subsection (6)(b) shall: (i) identify the tow truck motor carrier; and (ii) specify how long the tow truck motor carrier is required to be removed from the towing dispatch rotation. (7) The department may not certify a tow truck motor carrier under this part if the tow truck motor carrier does not have and maintain an internet presence that conforms with the requirements established by the department. (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules: (a) governing the inspection, investigation, and certification procedures described in this section; and (b) to establish standards for the online presence requirements described in Subsection (7).
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