No. 26835 (Amendment): R162-7-3. Investigation and Enforcement

DAR File No.: 26835
Filed: 12/05/2003, 09:55
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

In order to accommodate on-line license renewal in the future, the Division will allow applicants for renewal to certify that they have met the continuing education requirements for renewal, and then will perform spot-checks to determine if they have told the truth. The Division therefore needs to include the investigation of applicants for license renewal in its list of investigative activities.

 

Summary of the rule or change:

Investigation of applications for license renewal is added to the list of Division investigative activities.

 

State statutory or constitutional authorization for this rule:

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

 

Anticipated cost or savings to:

the state budget:

The Division already has statutory authority to investigate applicants for renewal in Section 61-2-11. Therefore, adding this particular activity to a list of investigative activities in a rule has no financial impact on the Division's budget or on any other State agency.

 

local governments:

The list of activities the Division of Real Estate investigates does not involve local government, and therefore has no financial impact on local government.

 

other persons:

As explained in "State budget" above, this rule change does not give the Division any more authority than it already has. It does not require other persons to do anything additional and it does not prohibit other persons from doing any activity. Therefore the anticipated cost or savings to other persons is zero.

 

Compliance costs for affected persons:

The only effect of the rule change is to include investigation of applicants for license renewals in the Division's list of specific investigative activities. The Division is already authorized by statute in Section 61-2-11 to investigate applicants for renewal and therefore the inclusion of this activity in a list of activities in an administrative rule has no financial effect on licensees.

 

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

No fiscal impact to businesses is anticipated as a result of this rule filing.

 

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 801-530-6761, by FAX at 801-530-6749, or by Internet E-mail at [e-mail]

 

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:

02/02/2004

 

This rule may become effective on:

02/03/2004

 

Authorized by:

Dexter Bell, Director

 

 

RULE TEXT

R162. Commerce, Real Estate.

R162-7. Enforcement.

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.

 

KEY: real estate business

[April 23, 1998]2004

Notice of Continuation June 3, 2002

61-2-5.5