DAR File No.: 33307
Filed: 01/07/2010 03:43:05 PMNOTICE 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:
Title 38, Chapter 11, provides for the Residence Lien Recovery Fund. Section 38-11-103 provides that this chapter is to be administered by the Division of Occupational and Professional Licensing. Section 38-11-105 and Subsection 38-11-108(2) provide that the Division shall establish procedures by rule with respect to the Fund. This rule was enacted to clarify the provisions of Title 38, Chapter 11, with respect to the Residence Lien Recovery Fund.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
Since this rule was last reviewed in March 2005, it has been amended two times, once in 2005 and once in 2007. The Division has received no written comments with respect to this rule.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule should be continued for several reasons. First, the rule sets forth the evidentiary requirements for Lien Recovery Fund applications. Second, the rule codifies years of decisions so the public has a single, convenient reference for guidance on taking advantage of the Residence Lien Restriction and Lien Recovery Fund Act. Finally, the rule is the repository of instructions for all Fund activities. Without that guidance, the Fund's workings would become mired in inefficiency and contradiction.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316Direct questions regarding this rule to:
- Dane Ishihara at the above address, by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov
Effective:
01/07/2010
Authorized by:
Mark Steinagel, Director
Document Information
- Effective Date:
- 1/7/2010
- Publication Date:
- 02/01/2010
- Filed Date:
- 01/07/2010
- Agencies:
- Commerce,Occupational and Professional Licensing
- Authorized By:
- Mark Steinagel, Director
- DAR File No.:
- 33307
- Related Chapter/Rule NO.: (1)
- R156-38a. Residence Lien Restriction and Lien Recovery Fund Rules.