DAR File No. 41703

Tax Commission, Motor Vehicle

Section R873-22M-16

Authorization to Issue a Certificate of Title Pursuant to Utah Code Ann. Section 41-1a-104

Notice of Proposed Rule

(Amendment)

DAR File No.: 41703
Filed: 05/25/2017 11:41:42 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendment conforms the section to Tax Commission practice.

Summary of the rule or change:

The proposed amendment deletes language that appears in Tax Commission Section R873-22M-2; deletes references to affidavits where affidavits are no longer required; clarifies Tax Commission practice with respect to issuance of title when there is an assignment of a lienholder; and makes technical changes.

Statutory or constitutional authorization for this rule:

• Section 41-1a-104

Anticipated cost or savings to:

the state budget:

None--The amendment reflects current agency practice.

local governments:

None--The amendment reflects current agency practice.

small businesses:

None--The amendment reflects current agency practice.

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

None--The amendment reflects current agency practice.

Compliance costs for affected persons:

None--The amendment reflects current agency practice.

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

After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact on businesses.

Rebecca Rockwell, Commissioner

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

Tax Commission
Motor Vehicle
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 [email protected]

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:

07/17/2017

This rule may become effective on:

07/24/2017

Authorized by:

Rebecca Rockwell, Commissioner

R873. Tax Commission, Motor Vehicle.

R873-22M. Motor Vehicle.

R873-22M-16. Authorization to Issue a Certificate of Title Pursuant to Utah Code Ann. Section 41-1a-104.

[A. A lienholder who lawfully repossesses a vehicle may apply for a certificate of title by paying the title fee and filing all of the following documents:

1. the outstanding Utah certificate of title showing the lien recorded;

2. a notarized affidavit of repossession, signed by the lienholder of record;

3. an application for title, properly signed and notarized.]

[B.](1) If the purpose of the certificate of title is to record a new lien, or to rerecord a lien, and there is no change in the registered owner, all of the following are required:

[1.](a) the outstanding Utah certificate of title showing a release of [all]the prior [liens]lien;

[2.](b) an application [for]or title, properly signed[and notarized;]; and

[3.](c) the title fee.

[C.](2) In order to issue a new certificate of title showing the assignee as the lienholder, an applicant shall submit all of the following:

[1.](a) the outstanding Utah certificate of title [with the lien recorded]showing a release of the prior lien;

[2.](b) an application [for]or title showing the registered owner and the new lienholder , and signed by the assigning lienholder; and

[3.](c) the title fee.

[D. In lieu of the required owner's signature under Subsection C.2., the application may be stamped "Assignment of Lien Pursuant to Section 41-1a-607."]

 

KEY: taxation, motor vehicles, aircraft, license plates

Date of Enactment or Last Substantive Amendment: [July 14, 2016]2917

Notice of Continuation: November 10, 2016

Authorizing, and Implemented or Interpreted Law: 41-1a-102; 41-1a-104; 41-1a-108; 41-1a-116; 41-1a-211; 41-1a-215; 41-1a-214; 41-1a-401; 41-1a-402; 41-1a-411; 41-1a-413; 41-1a-414; 41-1a-416; 41-1a-418; 41-1a-419; 41-1a-420; 41-1a-421; 41-1a-422; 41-1a-522; 41-1a-701; 41-1a-1001; 41-1a-1002; 41-1a-1004; 41-1a-1005; 41-1a-1009 through 41-1a-1011; 41-1a-1101; 41-1a-1209; 41-1a-1211; 41-1a-1220; 41-6-44; 53-8-205; 59-12-104; 59-2-103; 72-10-109 through 72-10-112; 72-10-102