File No. 33792
This rule was published in the July 15, 2010, issue (Vol. 2010, No. 14) of the Utah State Bulletin.
Commerce, Real Estate
Notice of Proposed Rule
DAR File No.: 33792
Filed: 06/30/2010 07:57:20 AM
Purpose of the rule or reason for the change:
This proposed rule interprets Subsection 61-2c-402(4)(a), which allows the commission to convert a license revocation to a suspension.
Summary of the rule or change:
The commission may not convert a revocation that was based on a felony conviction involving fraud, misrepresentation, deceit or dishonesty, breach of trust, or money laundering, but may consider converting revocations based on other criminal history.
State statutory or constitutional authorization for this rule:
- Subsection 61-2c-402(4)(a)
- Subsection 61-2c-103(3)
Anticipated cost or savings to:
the state budget:
The costs to the division of reviewing requests for conversion were contemplated by the legislature in passing H.B. 275. No additional costs are anticipated from this rule filing, which clarifies certain provisions of the statute. (DAR NOTE: H.B. 275 (2010) is found at Chapter 238, Laws of Utah 2010, and was effective 05/11/2010.)
Local governments do not deal with license revocations on any level. No impact to the budgets of local governments is anticipated.
Any costs to small businesses of pursuing the conversion of a license revocation were considered by the legislature in passing H.B. 275. No additional costs are anticipated from this rule filing, which clarifies certain provisions of the statute.
persons other than small businesses, businesses, or local governmental entities:
Any costs to affected persons of pursuing the conversion of a license revocation were considered by the legislature in passing H.B. 275. No additional costs are anticipated from this rule filing, which clarifies certain provisions of the statute.
Compliance costs for affected persons:
Affected persons are those whose licenses have been revoked. This rule provides parameters within which the commission will review a request from such a person to convert a license revocation. As such, no compliance is required of affected persons; thus, no compliance costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
This rule filing interprets a statutory provision that allows the Division to convert license revocations to license suspensions. No fiscal impact to businesses is anticipated beyond that considered by the Legislature in passing the H.B. 275.
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
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Deanna Sabey, Director
R162. Commerce, Real Estate.
R162-2c. Utah Residential Mortgage Practices and Licensing Rules.
KEY: residential mortgage, loan origination, licensing, enforcement
Date of Enactment or Last Substantive Amendment: [
Authorizing, and Implemented or Interpreted Law: 61-2c-103(3)
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2010/b20100715.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at firstname.lastname@example.org.