File No. 33907
This rule was published in the September 1, 2010, issue (Vol. 2010, No. 17) of the Utah State Bulletin.
Commerce, Real Estate
Section R162-106-5
Failure to Respond to Notice
Notice of Proposed Rule
(Amendment)
DAR File No.: 33907
Filed: 08/10/2010 02:38:38 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This amendment is proposed to clarify how a deadline will be calculated within the state's four-day workweek.
Summary of the rule or change:
A deadline that falls on a day when the division is closed shall be extended to the next business day.
State statutory or constitutional authorization for this rule:
- Subsection 61-2b-8(5)(c)
- Section 61-2b-29
Anticipated cost or savings to:
the state budget:
This amendment is for clarification only. It does not require oversight or enforcement by the state. No impact to the state budget is anticipated.
local governments:
Local governments are not subject to the appraiser rules. No fiscal impact to local governments is anticipated.
small businesses:
Small businesses are not subject to the appraiser rules. No fiscal impact to local governments is anticipated.
persons other than small businesses, businesses, or local governmental entities:
This amendment imposes no fees or penalties. No fiscal impact to affected persons is anticipated.
Compliance costs for affected persons:
No compliance is required. There are no compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
No fiscal impact to businesses is anticipated from this filing, which clarifies that deadlines falling on any days that the Division is closed will be extended to the next business day.
Francine A. Giani, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
CommerceReal Estate
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 jjonsson@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:
10/01/2010
This rule may become effective on:
10/08/2010
Authorized by:
Deanna Sabey, Director
RULE TEXT
R162. Commerce, Real Estate.
R162-106. Professional Conduct.
R162-106-5. Failure to Respond to Notice.
106.5.
(a) When the Division notifies an appraiser or registered expert witness of a complaint, or when the Division notifies an appraiser or registered expert witness that information is needed from the individual, the notified individual must respond to the notice in the manner specified in the notice within ten business days of receipt of the notice from the Division. Failure to respond within the required time period to a notice or any written request for information from the Division shall be considered a violation of these rules and separate grounds for disciplinary action against the appraiser or registered expert witness.
(b) If a deadline for response under Subsection (a) falls on a day when the Division is closed, the deadline shall be extended to the next business day.
KEY: real estate appraisals, conduct
Date of Enactment or Last Substantive Amendment: [April 28], 2010
Notice of Continuation: February 15, 2007
Authorizing, and Implemented or Interpreted Law: 61-2b-29; 61-2b-8(5)(c)
Additional Information
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/b20100901.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.
Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
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 jjonsson@utah.gov.