DAR File No. 41040

Commerce, Consumer Protection

Rule R152-23

Utah Health Spa Services

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41040
Filed: 12/01/2016 08:27:23 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:

Subsection 13-2-5(1) gives the Director of the Division of Consumer Protection (Division) authorization to issue rules to administer and enforce the chapters listed in Section 13-2-1.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Division is not aware of any written comments regarding the rule. The interpretation of this rule is at times the subject of informal proceedings before the Division.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Health spas, as an industry, often hold consumer contracts that are prepaid or which contain authorization for continuing payments. Health spas may service thousands of Utah consumers at any given time. As such, it is important for administration and enforcement purposes to ensure that the health spas register with the state and inform the Division of any impending closures. If such a closure is to occur, the Division must be notified and precautions must be followed to prevent a possibility that consumers who have prepaid money or which have recurring payment agreements are not taken advantage of prior to the closing. The rule helps aid in administration and enforcement by providing important enforcement guidance in registration documentation, definitions, contracts, rights of recession, closing procedures, and required bonding. This rule is an active part of the division's administration and enforcement of the Health Spas Services Act. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• 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:

12/01/2016

Authorized by:

Daniel O'Bannon, Director