Commerce, Consumer Protection

Section R152-22-6

Application for Professional Fund Raiser, Fund Raising Counsel or Consultant Permit

Notice of Proposed Rule

(Amendment)

DAR File No.: 36903
Filed: 10/01/2012 05:25:59 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is necessary to accommodate for the licensure of fund raisers that operate exclusively online.

Summary of the rule or change:

The amended rule allows for professional fund raisers that operate exclusively online to submit copies of contracts executed electronically instead of requiring hard copies of contracts they enter into with charitable organization.

State statutory or constitutional authorization for this rule:

• Section 13-2-5
• Section 13-22-9

Anticipated cost or savings to:

the state budget:

The state budget will not be affected by allowing for the submission of contracts executed online.

local governments:

Local government will not be affected by allowing for the submission of contracts executed online.

small businesses:

Small businesses that engage in charitable fund raising online will be able to submit the electronic contracts executed online instead of producing hard copies of those contracts.

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

Persons or organizations that engage in charitable fund raising online will be able to submit the electronic contracts executed online instead of producing hard copies of those contracts.

Compliance costs for affected persons:

Allowing for the submission of electronically executed contracts instead of requiring hard copies of contracts as a condition to licensure in the state should cut down on the compliance costs for affected persons.

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

As stated in the rule analysis, the proposed amendment recognizes an electronic contract as satisfying the licensure requirements in circumstances where a fund raiser operates exclusively online. No fiscal impact to businesses is anticipated from this filing.

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:

Commerce
Consumer Protection
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Angela Hendricks at the above address, by phone at 801-530-6035, by FAX at 801-538-6001, or by Internet E-mail at ahendricks@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:

11/14/2012

This rule may become effective on:

11/21/2012

Authorized by:

Traci Gundersen, Director

R152. Commerce, Consumer Protection.

R152-22. Charitable Solicitations Act.

R152-22-6. Application for Professional Fund Raiser, Fund Raising Counsel or Consultant Permit.

(1) Any application for a professional fund raiser, fund raising counsel or consultant permit shall be executed on the form provided by the Division.

(2) The application shall include a copy of all contracts, agreements, or other documents showing:

(a) the relationship and terms of employment or engagement between the applicant and the organization on whose behalf the applicant proposes to act as a professional fund raiser, fund raising counsel or consultant;

(b) the terms of any direct or indirect compensation, in whatever form, paid or promised to the applicant, including the method of payment and the basis for calculating the amounts of payment;

(c) a copy of the applicant's or registrant's articles of incorporation or other organizational documentation showing current legal status;

(d) a copy of the applicant's or registrant's current by-laws or other policies and procedures governing day to day operations;

(e) a setting forth of the applicant's or registrant's registered agent within the State of Utah for purposes of service of process, including his, her or its name, street address, telephone and facsimile numbers;

(f) either the social security number or driver's license number of each of the applicant's or registrant's board of directors and officers, if a corporation, or partners or the individual applicant or registrant, for the purposes of background checks; and

(g) a statement as to whether the professional fund raiser, fund raising counsel or consultant has conducted activities regulated by the Charitable Solicitations Act, Utah Code Title 13, Chapter 22, without being duly registered with the Division.

(3) All initial applications and renewals of registration in accordance with Section 13-22-9 shall be processed within twenty (20) business days after their receipt by the division.

(4) Professional fund raisers that provide services only through online or web-based software may submit a copy of the terms and conditions that all users must agree to along with evidence demonstrating that a user accepted the terms and conditions.

 

KEY: charities, consumer protection, solicitations

Date of Enactment or Last Substantive Amendment: [April 2, 2007]2012

Notice of Continuation: March 22, 2012

Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-22-6; 13-22-8; 13-22-9; 13-22-10