No. 33168 (Amendment): Section R152-1-1. Purposes, Policies and Rules of Construction

(Amendment)

DAR File No.: 33168
Filed: 11/18/2009 04:51:18 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Administrative Rules Review Committee requested this agency to evaluate the need of the phrase "liberally construed" in the agency's administrative rules. A determination has been made that the phrase can be removed and replaced with different terminology.

Summary of the rule or change:

This change removes the phrase "shall be liberally construed and applied" and indicates that the rule is intended to promote the stated purposes and policies set forth.

State statutory or constitutional authorization for this rule:

• Section 13-1-6
• Subsection 63G-4-102(6)

Anticipated cost or savings to:

the state budget:

The state budget will not be affected by the change of terminology in expressing the purposes, policies and rules of construction.

local governments:

Local government does not administer this agency's rules, thus, local governments' budgets are not affected.

small businesses:

Small businesses will not be affected by the change in terminology in expressing the purposes, policies and rules of construction.

persons other than small businesses, businesses, or local governmental entities:

No persons will be affected by the change of terminology in expressing the purposes, policies and rules of construction.

Compliance costs for affected persons:

No persons will be affected by the change of terminology in expressing the purposes, policies and rules of construction.

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

The Administrative Rules Review Committee requested this agency to evaluate the need of the phrase "liberally construed" in the agency's administrative rules. A determination has been made that the phrase can be removed and replaced with different terminology. No fiscal impact to businesses is anticipated from the use of such replacement terminology.

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
Consumer Protection
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Angela Hendricks at the above address, by phone at 801-530-6035, by FAX at 801-538-6001, 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:

01/14/2010

This rule may become effective on:

01/21/2010

Authorized by:

Kevin Olsen, Director

RULE TEXT

R152. Commerce, Consumer Protection.

R152-1. Utah Division of Consumer Protection: "Buyer Beware List".

R152-1-1. Purposes, Policies and Rules of Construction.

A. These rules are promulgated pursuant to Subsection 13-2-5(1) to assist the orderly administration of the statutes listed in Utah Code Section 13-2-1.

B.(1) These substantive rules are adopted by the Director of the Division of Consumer Protection pursuant to general authority of Utah Code Section 13-2-5, and specific authority of the following statutory sections:

(a) Utah Code Subsection 13-11-8(2);

(b) Utah Code Subsection 13-15-3(1); and

(c) Utah Code Section Section 13-16-12.

(2) Without limiting the scope of any statute or rule, this rule [shall be liberally construed and applied]is intended to promote its stated purposes and policies. The purposes and policies of this rule are to:

(a) 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.

(b) supply consumers with pertinent information on the nature of those individuals or businesses who may be engaging in and committing deceptive acts or practices, or may be engaging in and committing unconscionable acts or practices, so as to aid consumers in their decision making.

(c) encourage the development of fair consumer sales practices and wise decision making by consumers in all their consumer purchase decisions.

 

KEY: consumer protection

Date of Enactment or Last Substantive Amendment: [May 16, 2006]2010

Notice of Continuation: October 4, 2005

Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-11-8(2); 13-15-3(1); 13-16-12

 

---