DAR File No. 42929

Commerce, Consumer Protection

Rule R152-32a

Pawnshop and Secondhand Merchandise Transaction Information Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42929
Filed: 05/17/2018 03:48:09 PM

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:

This rule is promulgated under Section 13-2-5 and Sections 13-32a-102.5(1) and 13-32a-112.5(1). Section 13-2-5 authorizes the Division of Consumer Protection (Division) Director to issue rules to enforce, among other statutes, Section 13-32a. Subsection 13-32a-102.5(1) requires the Division to administer and enforce the chapter in accordance with the authority granted by Title 13, Chapter 32a. Finally, Subsection 13-32a-112.5(1) expressly grants the Division authority to exempt specific classes of businesses from regulation under Title 13, Chapter 32a, through rulemaking. This rule at issue here solely address those exemptions.

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 unaware of any written comments regarding this rule.

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

This rule at issue allows the Division, with the assistance of the Secondhand Merchandise Advisory Board, to quickly and efficiently identify classes of businesses that should not be subject to the requirements of Title 13, Chapter 32a. This rule allows the Division to reduce the regulatory burden on businesses that are considered low risk in the context of the pawn and secondhand merchandise industry. By reducing the regulation applied to low risk businesses, the Division is better able to focus its limited resources on higher-risk pawnbrokers and secondhand merchandise dealers. 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:

• Daniel Larsen at the above address, by phone at 801-530-6145, by FAX at , or by Internet E-mail at dblarsen@utah.gov

Effective:

05/17/2018

Authorized by:

Daniel O'Bannon, Director