DAR File No. 40420

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.: 40420
Filed: 05/12/2016 10:17:01 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

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

Summary of the rule or change:

The proposed amendment expands the section to apply to licensees, as well as license applicants and clarifies that the Motor Vehicle Enforcement Division bears the burden of rebutting the presumption that this rule sets forth.

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:

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:

No fiscal impact--The section only addresses the Commission's interpretation of certain Motor Vehicle Enforcement Division statutes.

Rebecca 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:

• Rebecca Rockwell at the above address, by phone at 801-297-3906, by FAX at , or by Internet E-mail at rrockwell@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:

07/01/2016

This rule may become effective on:

07/08/2016

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.

(1) [There]Subject to Subsection (2), 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 that otherwise constitutes reasonable cause [to deny, suspend, or revoke a license ]under Subsection 41-3-209(2) if the licensee or license applicant[:

(1) indicates on the license application that the applicant] who has been charged with, found in violation of, or convicted of a state or federal law that constitutes reasonable cause to deny, suspend, or revoke a license under Subsection 41-3-209(2)[;], has

[(2)](a)(i) [has]completed any court-ordered probation or parole; or

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

[(4)](b) paid any required criminal restitution and fines.

(2) The division may rebut the presumption under Subsection (1) by presenting evidence to the commission establishing that the license should be denied, suspended, or revoked.

 

KEY: taxation, motor vehicles

Date of Enactment or Last Substantive Amendment: [October 22, 2015]2016

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