DAR File No. 44051
This notice was published in the October 1, 2019, issue (Vol. 2019, No. 19) of the Utah State Bulletin.
Commerce, Occupational and Professional Licensing
Residence Lien Restriction and Lien Recovery Fund Act Rule
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 44051
Filed: 09/09/2019 11:58:18 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:
Title 38, Chapter 11 provides for the Residence Lien Recovery Fund (Fund). Section 38-11-103 provides that this chapter is to be administered by the Division of Occupational and Professional Licensing (Division). Section 38-11-105 and Subsection 38-11-108(2) provide that the Division shall establish procedures by rule with respect to the Fund. This rule was enacted to clarify the provisions of Title 38, Chapter 11, with respect to the Fund.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
Since this rule was last reviewed in December 2014, it has been amended one time in August 2018. The Division has received no written comments with respect to 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 should be continued for several reasons. First, the rule sets forth the evidentiary requirements for Fund applications. Second, the rule codifies years of decisions so the public has a single, convenient reference for guidance on taking advantage of the Residence Lien Restriction and Lien Recover Fund Act. Finally, the rule is the repository of instructions for all Fund activities. Without that guidance, the Fund's workings would become mired in inefficiency and contradiction.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Chris Rogers at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at firstname.lastname@example.org
Mark Steinagel, Director
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/2019/b20191001.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 Chris Rogers at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.