File No. 34200
This rule was published in the November 15, 2010, issue (Vol. 2010, No. 22) of the Utah State Bulletin.
Commerce, Real Estate
Notice of Proposed Rule
DAR File No.: 34200
Filed: 11/01/2010 03:52:45 PM
Purpose of the rule or reason for the change:
The substantive elements of this rule have been incorporated into the proposed new Rule R162-2f. Therefore, this rule is no longer needed. (DAR NOTE: The proposed new Rule R162-2f is under DAR No. 34191 in this issue, November 15, 2010, of the Bulletin.)
Summary of the rule or change:
The rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Subsection 61-2f-103(1)(a)
Anticipated cost or savings to:
the state budget:
Where the substantive provisions of this rule are incorporated into the proposed new Rule R162-2f, no fiscal impact to the state budget is anticipated from this filing.
Where the substantive provisions of this rule are incorporated into the proposed new Rule R162-2f, no fiscal impact to local governments is anticipated from this filing.
Where the substantive provisions of this rule are incorporated into the proposed new Rule R162-2f, no fiscal impact to small businesses is anticipated from this filing.
persons other than small businesses, businesses, or local governmental entities:
Where the substantive provisions of this rule are incorporated into the proposed new Rule R162-2f, no fiscal impact to affected persons is anticipated from this filing.
Compliance costs for affected persons:
In repealing this rule, the division and commission relieve affected persons of any obligation to comply with it. There are no compliance costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
No fiscal impact to businesses is anticipated from this rule repeal as the substance of these provisions is contained in the new Rule R162-2f proposed by the Division.
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:Commerce
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Deanna Sabey, Director
R162. Commerce, Real Estate.
R162-7-1. Filing of Complaint. 7.1. An aggrieved person may file a complaint in writing
against a licensee; or the Division or Commission may initiate an
investigation for an alleged violation of the provisions of these
rules or of Utah Code Annotated Section 61-2-1, et seq. The
Division may only entertain a complaint between licensees
regarding commissions if the complaint alleges, or the Division
suspects, a specific violation of Utah Code Annotated Section
61-2-11 or Section R162-6-1.
R162-7-2. Notice or Complaint. 7.2. When the Division notifies a licensee of a complaint
against the licensee, or when the Division notifies a licensee
that it needs information from the licensee, the licensee must
respond to the notice in the manner specified in the notice
within ten business days after receipt of the notice from the
Division. Failure to respond to a notice or complaint or to any
subsequent requests for information from the Division within the
required time period will be considered an additional violation
of these rules and separate grounds for disciplinary action
against the licensee.
R162-7-3. Investigation and Enforcement. 7.3. The investigative and enforcement activities of the
Division shall include the following: investigation of
information provided on new license applications and applications
for license renewal; evaluation and investigation of complaints;
auditing licensees' business records, including trust account
records; meeting with complainants, respondents, witnesses and
attorneys; making recommendations for dismissal or prosecution;
preparation of cases for formal or informal hearings, restraining
orders or injunctions; working with the assistant attorney
general and representatives of other state and federal agencies;
and entering into proposed stipulations for presentation to the
Commission and the director.
R162-7-4. Corrective Notice. 7.4. In addition to disciplinary action under Section
61-2-11, the Division may give a licensee written notice of
specific violations of these rules and may grant a licensee a
reasonable period of time, not exceeding 30 days, to correct a
defect in that licensee's practices or operations. The
licensee's failure to correct the defect within the time
granted shall constitute separate grounds for disciplinary action
against the licensee. The Division is not required to give a
corrective notice and allow an opportunity to correct a defect
before it may commence disciplinary action against a
KEY: real estate business
Date of Enactment or Last Substantive Amendment: June 22,
Notice of Continuation: April 19, 2007
Authorizing, and Implemented or Interpreted Law:
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2010/b20101115.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.
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.