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DAR File No. 32586

This filing was published in the 05/15/2009, issue, Vol. 2009, No. 10, of the Utah State Bulletin.

Commerce, Real Estate

R162-7-1

Filing of Complaint

NOTICE OF PROPOSED RULE

DAR File No.: 32586
Filed: 04/29/2009, 04:39
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This filing clarifies that the Division may investigate violations of prohibited conduct under statute or rule even if the complaint is related to a commission dispute. The Division will not adjudicate the dispute, but may take action for otherwise prohibited conduct.

Summary of the rule or change:

This rule filing clarifies that the Division may investigate violations of prohibited conduct under statute or rule even if the complaint is related to a commission dispute. The Division will not adjudicate the dispute, but may take action for otherwise prohibited conduct.

State statutory or constitutional authorization for this rule:

Subsection 61-2-5.5(1)(a)

Anticipated cost or savings to:

the state budget:

This rule filing will have no impact on the state budget because the Division already investigates violations of prohibited conduct.

local governments:

This rule filing will have no impact on local government because they are exempt from real estate license laws.

small businesses and persons other than businesses:

This rule filing will only have an impact on small business if a brokerage is violating prohibited conduct under the law in relation to a real estate commission and is hoping to be exempt from investigation.

Compliance costs for affected persons:

This rule filing will have no compliance cost for affected persons, unless a person is violating prohibited conduct under the law in relation to a real estate commission and is hoping to be exempt from investigation.

Comments by the department head on the fiscal impact the rule may have on businesses:

There appears to be no fiscal impact to businesses from this rule filing, which clarifies existing provisions. Francine Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Real Estate
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Mark Steinagel at the above address, by phone at 801-530-6744, by FAX at 801-530-6749, or by Internet E-mail at msteinagel@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/15/2009

This rule may become effective on:

06/22/2009

Authorized by:

Mark Steinagel, Director

RULE TEXT

R162. Commerce, Real Estate.

R162-7. Enforcement.

R162-7-1. Filing of Complaint.

7.1. An aggrieved person may file a complaint in writing against a licensee; or the Division or [the ]Commission may initiate [a complaint upon its own motion]an investigation for an alleged violation of the provisions of these rules or of Utah Code Annotated Section 61-2-1, et seq. The Division [will not]may only entertain a complaint[complaints] between licensees regarding [claims to ]commissions if the complaint alleges, or the Division suspects, a specific violation of Utah Code Annotated Section 61-2-11 or Section R162-6-1.

 

KEY: real estate business

Date of Enactment or Last Substantive Amendment: [May 30, 2007]2009

Notice of Continuation: April 19, 2007

Authorizing, and Implemented or Interpreted Law: 61-2-5.5

 

 

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Mark Steinagel at the above address, by phone at 801-530-6744, by FAX at 801-530-6749, or by Internet E-mail at msteinagel@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.

Last modified:  05/13/2009 2:53 PM