Administrative Rules

DAR File No. 29835

This filing was published in the 05/15/2007, issue, Vol. 2007, No. 10, of the Utah State Bulletin.

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Commerce, Real Estate

R162-6

Licensee Conduct

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29835
Filed: 04/18/2007, 01:30
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 61-2-5.5(1)(a)(viii) requires the Utah Real Estate Commission to enact rules specifying standards of conduct for real estate licensees.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In 2002, Subsection R162-6-1(6.1.3) of the rule was amended to provide that a licensee was not allowed to represent the other party to a transaction if the licensee was the buyer or seller in a transaction, and to provide guidance on how to properly terminate an agency relationship before purchasing a client's property for oneself. This rule resulted in a great deal of opposition from the industry, and it was modified in June 2003 to remove the provisions that the industry found objectionable. Other than that modification, no written comments have been received supporting or opposing the rule.

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

Since the Utah Real Estate Commission and the Division of Real Estate are charged with regulating the conduct of real estate licensees, it is necessary to have a rule setting forth both the standards of good practice and the practices that are considered improper. 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:

Commerce
Real Estate
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Shelley Wismer at the above address, by phone at 801-366-0145, by FAX at 801-366-0315, or by Internet E-mail at swismer@utah.gov

Authorized by:

Derek Miller, Director

ADDITIONAL INFORMATION

For questions regarding the content or application of this rule, please contact Shelley Wismer at the above address, by phone at 801-366-0145, by FAX at 801-366-0315, 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).

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Last modified: 05/14/2007 5:36 PM