No. 28573 (Amendment): R152-22-3. Application for Charitable Organization Permit

DAR File No.: 28573
Filed: 03/24/2006, 01:06
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change accommodates the steady increase each year in the number of charitable solicitation registration and renewal applications.

 

Summary of the rule or change:

This change modifies from 10 business days to 20 business days the processing time for the Division of Consumer Protection to review a charitable solicitation registration or renewal application.

 

State statutory or constitutional authorization for this rule:

Sections 13-2-5, 13-22-6, 13-22-8, 13-22-9, and 13-22-10

 

Anticipated cost or savings to:

the state budget:

None--These changes do not modify the substantive review performed by the Division of Consumer Protection.

 

local governments:

None--Local government does not play any role in the administration or enforcement of this rule.

 

other persons:

None--This change does not modify the substantive requirements of the rule or its compliance costs.

 

Compliance costs for affected persons:

None--This change does not modify the substantive requirements of the rule or its compliance costs.

 

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

An increase of ten business days to process registration applications in order to accommodate the rise in applications is not expected to result in a fiscal impact to businesses. 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
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Thad LeVar at the above address, by phone at 801-530-6929, 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:

05/15/2006

 

This rule may become effective on:

05/16/2006

 

Authorized by:

Thad LeVar, Director

 

 

RULE TEXT

R152. Commerce, Consumer Protection.

R152-22. Charitable Solicitations Act.

R152-22-3. Application for Charitable Organization Permit.

(1) Any application for registration as a charitable organization shall be executed on the form authorized by the Division.

(2) A statement of collections and expenditures shall be executed on the form authorized by the division.

(3) Applicants or registrants shall submit to the division, on request:

(a) an updated copy of a financial statement prepared by an independent certified public accountant;

(b) a copy of any written contracts, agreements or other documents showing to whom the applicant or registrant disbursed the funds or a portion of the funds contributed to it;

(c) a copy of the applicant's or registrant's articles of incorporation or other organizational documentation showing current legal status;

(d) a copy of the applicant's or registrant's current by-laws or other policies and procedures governing day to day operations;

(e) a setting forth of the applicant's or registrant's registered agent within the State of Utah for purposes of service of process, including his, her or its name, street address, telephone and facsimile numbers;

(f) a copy of the applicant's or registrant's IRS Section 501(c)(e) tax exemption letter, if applicable;[ and]

(g) either the social security number or driver's license number of each of the applicant's or registrant's board of directors and officers, if a corporation, or partners or the individual applicant or registrant, for the purposes of background checks[.]; and

(h) a copy of the applicant's IRS Form 990, 990EZ or 990PF.

(4) All initial applications and renewals of registration in accordance with Section 13-22-12(5) shall be processed within [10]twenty (20) business days [of]after their receipt by the division.

 

KEY: charity, consumer protection, solicitations

Date of Enactment or Last Substantive Amendment: [July 30, 2001]2006

Notice of Continuation: October 30, 2002

Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-22-6; 13-22-8; 13-22-9; 13-22-10