DAR File No. 28597

Commerce, Real Estate

R162-8-8

Administrative Proceedings

NOTICE OF PROPOSED RULE

DAR File No.: 28597
Filed: 04/04/2006, 10:37
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Provisions that are duplicated in Rule R162-10 are deleted.

Summary of the rule or change:

Subsections R162-8-8(8.8.1) through R162-8-8(8.8.2.1) are deleted.

State statutory or constitutional authorization for this rule:

Subsection 61-2-5.5(1)(a)(iv)

Anticipated cost or savings to:

the state budget:

None--Eliminating duplication in one administrative rule has no impact on the State budget.

local governments:

None--Elimination duplication in an administrative rule related to certification of real estate schools and instructors has no impact on local government.

other persons:

None--Eliminating duplicate provisions in an administrative rule has no impact on other persons.

Compliance costs for affected persons:

None--There will be no compliance costs incurred by regulated persons if a duplicate provision is deleted from administrative rules.

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

This rule filing eliminates duplicative provisions. No fiscal impact to businesses is anticipated by 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:

05/31/2006

This rule may become effective on:

06/01/2006

Authorized by:

Derek Miller, Director

RULE TEXT

R162. Commerce, Real Estate.

R162-8. Prelicensing Education.

R162-8-8. Administrative Proceedings.

8.8 The Division may deny certification or renewal of certification to any school or instructor that does not meet the standards required by this chapter in accordance with Section R162-10 of these rules.[

8.8.1 Formal adjudicative proceedings. Any adjudicative proceedings as to the following matters shall be conducted on a formal basis:

8.8.1.1 The revocation or suspension of certification of real estate schools or instructors.

8.8.2 Informal adjudicative proceedings. Any adjudicative proceedings as to the following matters shall be conducted on an informal basis:

8.8.2.1 The issuance or renewal of certification of real estate schools or instructors.]

KEY: real estate business

Date of Enactment or Last Substantive Amendment: [October 21, 2004]2006

Notice of Continuation: June 3, 2002

Authorizing, and Implemented or Interpreted Law: 61-2-5.5

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.