Commerce, Real Estate

Rule R162-10

Administrative Procedures

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34117
Filed: 09/27/2010 04:09:31 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 61-2f-103(1)(a) gives the Real Estate Commission and the Division authority to make rules for the administration of the chapter. Pursuant to Subsection 61-2f-103(c), in administrating the chapter, the Real Estate Commission and the Division have the task of conducting administrative hearings in licensing and disciplinary matters. Therefore, where rules are needed to govern administrative hearings, it is within their grant of authority for the Real Estate Commission and the Division to promulgate such rules as long as they are not in conflict with Title 63G, Chapter 4, the Utah Administrative Procedures Act.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Real Estate Commission holds informal licensing hearings almost every month and frequently holds informal disciplinary hearings as well. In so doing, the Commission uses and enforces the provisions contained in the administrative procedures rule. Therefore, continuation of the rule is justified.

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

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

Authorized by:

Deanna Sabey, Director

Effective:

09/27/2010