DAR File No. 28494

Commerce, Real Estate

R162-10-1

Formal Adjudicative Proceedings

NOTICE OF PROPOSED RULE

DAR File No.: 28494
Filed: 02/03/2006, 05:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change makes technical corrections to the Administrative Procedures Act rules for proceedings involving real estate licensees.

Summary of the rule or change:

This rule change clarifies that it is disciplinary proceedings following investigation that are formal proceedings. The rule change also provides for proceedings under the Utah Land Sales Practices Act, which were previously omitted from the rule, and harmonizes the provision for proceedings under the Time Share and Camp Resort Act with the authority given to the Division of Real Estate under that Act.

State statutory or constitutional authorization for this rule:

Section 61-2-5.5 and Subsection 63-46b-1(5)

Anticipated cost or savings to:

the state budget:

None--This rule change does not affect which proceedings are conducted as informal proceedings and which are conducted as formal proceedings. It simply makes technical corrections to the rule. Therefore, this rule change will neither cost nor save the State any money

local governments:

None--Technical corrections to the Division of Real Estate's Administrative Procedures Act rules do not affect local government. Therefore, this rule change will neither cost nor save local governments any money.

other persons:

None--Technical corrections to the Division of Real Estate's Administrative Procedures Act rules do not affect other persons. Therefore, this rule change will neither cost nor save other persons any money.

Compliance costs for affected persons:

None--No persons are affected by technical corrections to the Division of Real Estate's Administrative Procedures Act rules, and therefore this rule change does not result in compliance costs.

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

This rule filing clarifies existing standards and provisions regarding adjudicative proceedings. Therefore, no fiscal impact to businesses is anticipated as a result of this filing. Francine A. Giani, Executive Director

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:

Shelley Wismer at the above address, by phone at 801-530-6761, by FAX at 801-530-6749, or by Internet E-mail at swismer@utah.gov

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:

03/31/2006

This rule may become effective on:

04/01/2006

Authorized by:

Derek Miller, Director

RULE TEXT

R162. Commerce, Real Estate.

R162-10. Administrative Procedures.

R162-10-1. Formal Adjudicative Proceedings.

10.1. Any adjudicative proceeding as to the following matters shall be conducted [on a formal basis]as a formal adjudicative proceeding:

10.1.1. [Except as otherwise expressly provided herein, the revocation, suspension or probation of a real estate license, school or instructor certification or fine levied against a licensee.]A disciplinary action commenced by the Division following investigation of a complaint.

10.1.2. The revocation[,] or suspension [or probation ]of any registration issued pursuant to the Time Share and Camp Resort Act, or the imposition of a fine against the registrant.

10.1.3. The revocation or suspension of any registration issued pursuant to the Utah Uniform Land Sales Practices Act, or the imposition of a fine against the registrant.

10.1.[3]4. Any proceedings conducted subsequent to the issuance of cease and desist orders.

KEY: real estate businesses

Date of Enactment or Last Substantive Amendment: [March 20, 2000]2006

Notice of Continuation: October 7, 2005

Authorizing, and Implemented or Interpreted Law: 61-2-5.5; 63-46b-1(5)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Shelley Wismer at the above address, by phone at 801-530-6761, by FAX at 801-530-6749, or by Internet E-mail at swismer@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.