DAR File No. 40342
This notice was published in the May 15, 2016, issue (Vol. 2016, No. 10) of the Utah State Bulletin.
Commerce, Consumer Protection
Rule R152-11
Utah Consumer Sales Practices Act
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 40342
Filed: 04/19/2016 08:34:38 AM
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 13-11-8 requires the Division of Consumer Protection (DCP) to adopt substantive rules that prohibit with specificity acts or practices that violate Section 13-11-4 and appropriate procedural rules.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
DCP is not aware of any written comments regarding the rule. The interpretation of this rule is at times the subject of informal proceedings before DCP.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
As noted previously, DCP is required by statute to maintain rules of this nature. The "Utah Consumer Sales Practices Act" (CSPA) allows DCP to investigate and enforce Section 13-11-4 against those who engage in deceptive acts. Certain deceptive acts are delineated in the CSPA, but the rule allows DCP to further define specific violations of deceptive acts. DCP uses the statutorily mandated Rule R152-11 on a daily basis to help protect consumers from deceptive acts. Rule R152-11 is effective at targeting commonly complained of deceptive behavior. Without Rule R152-11, DCP would not be as effective at deterring deceptive acts or practices. This, along with the requirement to have substantive rules establishing deceptive acts or practices, justifies the continuance of this rule as implemented.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
CommerceConsumer Protection
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Jacob Hart at the above address, by phone at 801-530-6636, by FAX at , or by Internet E-mail at jfhart@utah.gov
Effective:
04/19/2016
Authorized by:
Daniel O'Bannon, Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Jacob Hart at the above address, by phone at 801-530-6636, by FAX at , or by Internet E-mail at jfhart@utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.