DAR File No. 28272

Commerce, Consumer Protection

R152-1

Utah Division of Consumer Protection: "Buyer Beware List"

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28272
Filed: 10/04/2005, 09:05
Received by: NL

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) authorizes the Director of the Division of Consumer Protection to issue rules to administer and enforce the laws enforced by the Division, and Subsection 13-2-5(5) authorizes the Director to provide consumer information and education to the public. Additionally, since Rule R152-1 applies to each statute enforced by the Division, it is also enacted under Subsection 13-11-8(2), Section 13-11-9, and Subsection 13-15-3(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 of Consumer Protection has not received written comments supporting or opposing Rule R152-1 during and since the last five-year review of R152-1, which occurred in 2001.

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

Rule R152-1 provides for a Buyer Beware List under which the Division may notify the public of persons who have violated a law enforced by the Division, or who have failed or refused to respond to a Division action. This is consistent with the Division's duty to provide consumer information and education to the public. The rule provides procedures that must be followed prior to any person being placed on the list, and provides procedures for the removal of a person from the list. These procedures protect the rights of persons placed on the list while providing valuable information to the public. Therefore, this rule should be continued.

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

Direct questions regarding this rule to:

Thad LeVar at the above address, by phone at 801-530-6929, by FAX at 801-530-6001, or by Internet E-mail at tlevar@utah.gov

Authorized by:

Francine Giani, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Thad LeVar at the above address, by phone at 801-530-6929, by FAX at 801-530-6001, or by Internet E-mail at tlevar@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.