DAR File No. 39621

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.: 39621
Filed: 08/27/2015 10:26:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is amended to provide more specific guidance on reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3.

Summary of the rule or change:

The proposed amendment clarifies that the list of violations of state or federal law that constitute reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3, is an inclusive, and not an exclusive, list.

State statutory or constitutional authorization for this rule:

• Section 41-3-209

Anticipated cost or savings to:

the state budget:

None--The proposed amendment clarifies the commission's interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3.

local governments:

None--The proposed amendment clarifies the commission's interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3.

small businesses:

None--The proposed amendment clarifies the commission's interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3.

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

None--The proposed amendment clarifies the commission's interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3.

Compliance costs for affected persons:

None--The proposed amendment clarifies the commission's interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3.

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

There is no fiscal impact because the proposed amendment clarifies the commissions current interpretation of the law.

Rebecca L. Rockwell, 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:

10/15/2015

This rule may become effective on:

10/22/2015

Authorized by:

Rebecca Rockwell, 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]that constitutes reasonable cause to deny, suspend, or revoke a license 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]that constitutes reasonable cause to deny, suspend, or revoke a license 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: [August 22, 2013]2015

Notice of Continuation: January 3, 2012

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