DAR File No. 39003

Public Safety, Driver License

Rule R708-50

Vehicle Impound Fee Reimbursement

Notice of Proposed Rule

(New Rule)

DAR File No.: 39003
Filed: 12/09/2014 02:00:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule was authorized with the passage of S.B. 72, Uninsured Motorist Provisions, from the 2014 General Session.

Summary of the rule or change:

This rule establishes the procedures for an individual to apply for a hearing to request reimbursement of impound and storage fees if their vehicle was wrongfully impounded for no insurance.

State statutory or constitutional authorization for this rule:

• Subsection 41-12a-806(5)(b)

Anticipated cost or savings to:

the state budget:

If the finding is made to refund the impound and storage fees for a vehicle wrongfully impounded for no insurance, the reimbursement amount will come from the Uninsured Motorist Identification Restricted Account created in Section 41-12a-806.

local governments:

This rule will not impact local government because the Uninsured Motorist Identification Restricted Account will fund any refunds.

small businesses:

This rule will not impact small businesses because the Uninsured Motorist Identification Restricted Account will fund any refunds.

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

If the individual whose vehicle was impounded for no insurance requests a hearing and it is determined the vehicle was improperly impounded for no insurance, the impound and storage fees will be refunded to the individual.

Compliance costs for affected persons:

There are no compliance costs for affected persons because there are no costs for a hearing to determine if their vehicle was wrongfully impounded.

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

I have reviewed this rule and found that there is no anticipated fiscal impact on businesses.

Keith D. Squires, Commissioner

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

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@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:

02/02/2015

This rule may become effective on:

02/09/2015

Authorized by:

Nannette Rolfe, Director

R708. Public Safety, Driver License.

R708-50. Vehicle Impound Fee Reimbursement.

R708-50-1. Purpose.

The purpose of this rule is to establish procedures for a person to apply for a reimbursement for the costs of towing and storing a vehicle if the vehicle was wrongfully impounded under Subsection 41-1a-1101(2).

 

R708-50-2. Authority.

This rule is authorized by 41-12a-806(5)(b).

 

R708-50-3. Definitions.

(1) Definitions in this rule are found in Subsection 41-12a-802.

 

R708-50-4. Procedure.

(1) In accordance with Section 41-12a-806, a person may request a hearing with the Utah Driver License Division to determine if the person's vehicle was wrongfully impounded and meets the requirements for the Department to reimburse the person for the costs of towing and storing the impounded vehicle:

(a) the person requesting a hearing shall complete and submit to the division the Impound Fee Refund Hearing Request form or a written request that includes the required information listed in Section 63G-4-201(3)(a).

(b) the person requesting a hearing is ineligible for reimbursement if the division receives the request later than six months from the date the vehicle was impounded.

(c) the person requesting a hearing shall provide the division at the time of the hearing the following documentation:

(i) proof the vehicle was impounded on or after January 1, 2015, which includes the costs for towing and storing the vehicle; and

(ii) proof of owner's or operator's security indicating the impounded vehicle was insured at the time it was impounded;

(2) The hearing officer shall make a recommendation based on their findings of fact whether the applicant is eligible for a reimbursement under Section 41-12a-806.

(3) The Driver Improvement Manager or designee will review the recommendation and documentation to approve, deny, or remand to the hearing officer for further review.

 

KEY: impound fee reimbursement

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 41-12a-806