1. (1) A participant in the learning laboratory may apply for a regulatory mitigation agreement as defined in Subsections 13-72-101(11) and (12).

2. (2) To qualify for a mitigation agreement, a participant shall:

   1. (a) meet the requirements in Sections 13-72-302 and 13-72-303; and

   2. (b) meet the following additional requirements:

      1. (i) pay an application fee and the annual participation fee prescribed by the office;
      2. (ii) if the applicant is an entity, be registered in at least one state; and
      3. (iii) complete a mitigation application form prescribed by the office.

3. (3) The office may also consider the following factors in determining whether to grant a mitigation application:

   1. (a) the applicant's ability to comply with reporting, data usage, cybersecurity, disclosure, and conflict requirements;
   2. (b) whether the applicant has received approval for mitigation from other relevant state agencies, where applicable;
   3. (c) the scope of the applicant's prior, current, or potential involvement in the learning laboratory; and
   4. (d) any other relevant factor.
4. (4) The office may deny a mitigation application for any lawful reason.

KEY: artificial intelligence, learning laboratory, regulatory mitigation

Date of Last Change: July 9, 2024

Authorizing, and Implemented or Interpreted Law: 13-72-201; 13-702-302