R152.  Commerce, Consumer Protection.
R152-1.  Division of Consumer Protection Buyer Beware List Rule.
R152-1-1.  Buyer Beware List.
	(1)  Authority and purpose.
	(a)  This rule is promulgated pursuant to:
	(i)  the Division's general authority as set forth in Utah Code Section 13-2-5; and
	(ii)  specific authority granted to the Division in:
	(A)  Utah Code Section 13-11-8(2); and
	(B)  Utah Code Section 13-15-3(1).
	(b)  The purposes of this rule are to:
	(i)  protect consumers from individuals and businesses who have engaged in and committed deceptive acts or practices, or have engaged in and committed unconscionable acts or practices;
	(ii)  supply consumers with pertinent information about the nature of deceptive acts or practices committed or engaged in by certain persons against whom the Division has taken action; and
	(iii)  encourage the development of fair consumer sales practices and wise decision making by consumers.
	(2)  Placement on the Buyer Beware List.
	(a)  The following circumstances warrant a person's being placed on the Buyer Beware List:
	(i)  failure or refusal to respond to an administrative subpoena of the Division;
	(ii)  after notification and opportunity to respond, failure or refusal to respond to a consumer complaint on file with the Division establishing a reasonable basis from which the Division may assert jurisdiction;
	(iii)  failure to comply with an order issued by the Division, including a default order; or
	(iv)  breach of a settlement agreement, stipulation, assurance of voluntary compliance, or similar instrument entered into with the Division.
	(b)  Failure or refusal to respond is evidenced:
	(i)  where certified mail, properly addressed, is returned to the Division as unclaimed or refused;
	(ii)  where the person who is responsible to respond:
	(A)  allows a compliance deadline, as set forth in a statute, rule, or in a properly served order, citation, or notice, to pass without taking action or communicating with the Division; or
	(B)  indicates to the Division that the person does not intend to comply; or
	(iii)  in any circumstances comparable to those set forth in this subsection (2)(b)(i)-(ii).
	(3)  Removal from Buyer Beware List.
	A person whose name is included in the Buyer Beware List may qualify to have the listing removed by:
	(a)(i)  demonstrating that the person has had no complaints filed against the person with the Division for a period of 90 consecutive days after being placed on the list; and
	(ii)  complying with all aspects of the order entered against the person by the Division, including full payment of any administrative fines assessed;
	(b)  providing a sufficient response to an outstanding Division subpoena;
	(c)  providing a satisfactory response to outstanding Division inquiries; or
	(d)  entering into a stipulated settlement with the Division that:
	(i)  resolves all allegations raised by the Division in its action; and
	(ii)  supersedes any previous order issued by the Division in the action.

KEY:  consumer protection, buyer beware list
Date of Enactment or Last Substantive Amendment:  June 8, 2015
Notice of Continuation:  April 15, 2015
Authorizing, and Implemented or Interpreted Law:  13-2-5(1); 13-11-8(2); 13-15-3(1); 13-16-12