No. 27752: R156-38. Residence Lien Restriction and Lien Recovery Fund Rules

DAR File No.: 27752
Filed: 03/15/2005, 08:31
Received by: NL

 

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:

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 April 2000, it has been amended six times. The rule was amended on July 26, 2004, February 3, 2004, June 17, 2003, July 3, 2002, September 17, 2001, and July 17, 2001. Most of the amendments which were proposed were the result of legislative changes made to Title 38, Chapter 11, during the years since April 2000. No written comments have been received with respect to any of the proposed rule filings.

 

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. Without those requirements the processing of applications would decay into a chaotic morass. 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
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Earl Webster or Rich Oborn at the above address, by phone at 801-530-7632 or 801-530-6104, by FAX at 801-530-6511 or 801-530-6511, or by Internet E-mail at [e-mail] or [e-mail]

 

Authorized by:

J. Craig Jackson, Director