No. 41037 (5-year Review): Rule R152-20. New Motor Vehicle Warranties

DAR File No.: 41037
Filed: 12/01/2016 08:18:23 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 13-2-5(1) gives the Director of the Division of Consumer Protection (Division) authorization to issue rules to administer and enforce the chapters listed in Section 13-2-1.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Division is not aware of any written comments regarding the rules. The interpretation of these rules is at times the subject of informal proceedings before the Division.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Rule R152-20 serves an important purpose in furthering enforcement and administration of the New Motor Vehicle Warranties Act. Section R152-20-2 provides definitions for undefined terms within the Act. These definitions provide predictability for enforcement of those terms. The definitions are also useful for those subject to the Act so they have a clear understanding of how to interpret those terms. Subsection R152-20-3(A) provides enforcement clarification for the procedure for repurchase of a leased nonconforming vehicle. Since the vehicle is leased rather than purchased, it is necessary to account for payments owing to the lienholder of record. Subsection R152-20-3(B) provides procedures for circumstances where the exact model of car is no longer in production at the time that the Act would require a replacement vehicle. This allows a workable solution for companies without requiring those companies to replace an exact model that no longer exists. This rule is effective in providing support to the Division's administration and enforcement of the New Motor Vehicle Warranties Act. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Jacob Hart at the above address, by phone at 801-530-6636, by FAX at , or by Internet E-mail at [e-mail]

Effective:

12/01/2016

Authorized by:

Daniel O'Bannon, Director

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