Tax Commission, Motor Vehicle Enforcement

Section R877-23V-20

Reasonable Cause to Deny, Suspend, or Revoke a License Issued Under Title 41, Chapter 3 Pursuant to Utah Code Ann. Section 41-3-209

Notice of Proposed Rule

(Amendment)

DAR File No.: 35512
Filed: 12/08/2011 01:00:18 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed section was requested by the Tax Commissioners to place the current practice in rule.

Summary of the rule or change:

The proposed section indicates that reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3, does not exist if an applicant: 1) indicates on the application form any violations of state or federal law listed under Subsection 41-3-209(2); 2) has completed any court-ordered probation or parole, or met the conditions of a plea in abeyance; and 3) has paid any required restitution or fines.

State statutory or constitutional authorization for this rule:

• Section 41-3-209

Anticipated cost or savings to:

the state budget:

None--The proposed section matches agency practice.

local governments:

None--The proposed section matches agency practice.

small businesses:

None--The proposed section matches agency practice.

persons other than small businesses, businesses, or local governmental entities:

None--The proposed section matches agency practice.

Compliance costs for affected persons:

None--Prior to the passage of the section, applicants who met these conditions were denied a license up front and required to appeal to the Commission. Once the section passes, these applicants will be granted a license up front and not required to appeal the denial to the Commission.

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

This amendment may reduce the fiscal impact on applicants who may avoid an appeal.

Michael Cragun, Commissioner

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

Tax Commission
Motor Vehicle Enforcement
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@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:

01/31/2012

This rule may become effective on:

02/07/2012

Authorized by:

Michael Cragun, Tax Commissioner

R877. Tax Commission, Motor Vehicle Enforcement.

R877-23V. Motor Vehicle Enforcement.

R877-23V-20. Reasonable Cause to Deny, Suspend, or Revoke a License Issued Under Title 41, Chapter 3 Pursuant to Utah Code Ann. Section 41-3-209.

There is a rebuttable presumption that reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3 does not include a violation of a state or federal law listed under Subsection 41-3-209(2) if the license applicant:

(1) indicates on the license application that the applicant has been charged with, found in violation of, or convicted of a state or federal law listed under Subsection 41-3-209(2);

(2) has completed any court-ordered probation or parole;

(3) if the license applicant has entered into a plea in abeyance, met the conditions of that plea in abeyance; and

(4) paid any required restitution and fines.

 

KEY: taxation, motor vehicles

Date of Enactment or Last Substantive Amendment: [December 8, 2009]2012

Notice of Continuation: March 14, 2007

Authorizing, and Implemented or Interpreted Law: 41-1a-712; 41-3-105; 41-3-201; 41-3-202; 41-3-210; 41-3-301; 41-3-302; 41-3-305; 41-3-503; 41-3-505; 41-3-506; 41-3-507