No. 29740 (Amendment): R162-7-2. Notice of Complaint

DAR File No.: 29740
Filed: 03/27/2007, 08:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The notices that the Division of Real Estate sends to licensees in connection with investigations are not always called a "Notice of Complaint." Sometimes they are called a "Notice of Inquiry" or by some other name. It is therefore necessary to change the rule to correspond with current practice.

Summary of the rule or change:

The rule is changed so that it refers to generic notices without specifying the name of the notice, and is changed so that the required response to the notice need not be in writing if the Division specifies a different method of response.

State statutory or constitutional authorization for this rule:

Subsection 61-2-5.5(1)(a)(viii)

Anticipated cost or savings to:

the state budget:

None--A change in the name that the Division uses on notices that it sends to licensees who are under investigation has no impact on the state budget. It is not anticipated that liberalizing the rule to allow for a nonwritten response will cost or save the Division of Real Estate, and therefore, the State budget, any money.

local governments:

None--A change in the name that the Division uses on notices that it sends to licensees who are under investigation, and the required method of response to those notices has no impact on local governments since local governments are not licensed real estate agents or brokers.

other persons:

The only other persons who are affected by this rule change are licensed real estate agents and brokers who are under investigation by the Division. This rule change would not cost them any money since they are already required to respond to an investigation by the Division of a complaint filed against them. The rule change may save these persons a small amount of funds since there would be flexibility in the method of their response to the Division. The response would not always have to be in writing, but could be an oral response in some instances if specified by the Division.

Compliance costs for affected persons:

The only persons affected by this rule change would be real estate brokers and sales agents who are subject to investigation by the Division. It would not cost these persons any money if there is more flexibility in the manner of the Division's inquiry into complaints, and may actually save them money since a written response would not necessarily by required by the Division in any particular inquiry.

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

There appears to be no fiscal impact to businesses beyond the cost savings discussed in the rule filing. 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
Real Estate
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Shelley Wismer at the above address, by phone at 801-366-0145, by FAX at 801-366-0315, 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:

05/15/2007

This rule may become effective on:

05/23/2007

Authorized by:

Derek Miller, Director

RULE TEXT

R162. Commerce, Real Estate.

R162-7. Enforcement.

R162-7-2. Notice [of]or Complaint.

7.2. When the Division notifies a licensee of a complaint against [him]the licensee, or when the Division notifies a licensee that it needs information from the licensee, the licensee must respond to the [complaint]notice in the manner specified in the notice within ten business days after receipt of the notice from the Division. Failure to respond to [the]a notice [of]or complaint or to any subsequent requests for information from the Division within the required time period will be considered an additional violation of these rules and separate grounds for disciplinary action against the licensee.

 

KEY: real estate business

Date of Enactment or Last Substantive Amendment: [February 18, 2004]2007

Notice of Continuation: June 3, 2002

Authorizing, and Implemented or Interpreted Law: 61-2-5.5