No. 29379 (Amendment): R152-26. Telephone Fraud Prevention Act

DAR File No.: 29379
Filed: 01/02/2007, 11:41
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

While conducting its five-year review of the Telephone Fraud Prevention Act Rules, the Division determined that certain statutory references were incorrect. The proposed amendment updates those statutory references. Additionally, it was determined that Section R152-26-6 could be removed due to the change in language of Subsection 13-26-3(1) resulting from H.B. 186 passed by the Utah State Legislature during the 2005 General Session. The change eliminates Section R152-26-6 because it is now unnecessary. (DAR NOTE: H.B. 186 (2005) is found at Chapter 18, Laws of Utah 2005, and was effective 03/08/2005.)

Summary of the rule or change:

The proposed rule change updates statutory references and eliminates an unnecessary section of the rule.

State statutory or constitutional authorization for this rule:

Section 13-2-5

Anticipated cost or savings to:

the state budget:

The filing only updates statutory references and eliminates an unnecessary section of the rule; therefore, there are no anticipated costs or savings to the state budget.

local governments:

The filing only updates statutory references and eliminates an unnecessary section of the rule; therefore, there are no anticipated costs or savings to the local government.

other persons:

The filing only updates statutory references and eliminates an unnecessary section of the rule; therefore, there are no anticipated costs or savings to other persons.

Compliance costs for affected persons:

The filing only updates statutory references and eliminates an unnecessary section of the rule; therefore, 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 as a result of this rule filing which corrects references and removes an unnecessary provision. Francine 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
Consumer Protection
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Thomas Copeland at the above address, by phone at 801-530-6601, by FAX at 801-530-6001, 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:

02/14/2007

This rule may become effective on:

02/21/2007

Authorized by:

Kevin V Olsen, Director

RULE TEXT

R152. Commerce, Consumer Protection.

R152-26. Telephone Fraud Prevention Act.

R152-26-1. Authority.

These rules are promulgated pursuant to Section [13-2-5(2)]13-2-5 to administer the Utah Telephone Fraud Prevention Act.

 

[R152-26-6. Doing Business in the State.

For purpose of interpreting Section 13-26-3(1), "doing or continuing to do business in this state" means engaging in any conduct regulated by Title 13, Chapter 26.

 

]R152-26-8. Isolated Transaction Exemption.

For purposes of Section [13-26-4(2)(h)(i)] 13-26-4(2)(i), an "isolated transaction" means no more than two occurrences in any twelve month period.

 

KEY: telephone, fraud, consumer

Date of Enactment or Last Substantive Amendment: [July 30, 2001]2007

Notice of Continuation: June 3, 2002

Authorizing, and Implemented or Interpreted Law: 13-2-5