No. 40341 (5-year Review): Rule R152-26. Telephone Fraud Prevention Act

DAR File No.: 40341
Filed: 04/19/2016 08:26:16 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 13-26-3(5) calls for the Division of Consumer Protection (DCP) to establish by rule the registration requirements for telephone soliciting businesses. Rule R152-26 designates registration requirements of the Telephone Fraud Prevention Act (TFPA) and is, therefore, authorized by statute. Further, the establishing statute of DCP provides the director with authority to issue rules to administer and enforce the chapters listed in Section 13-2-1. One of the chapters listed is the TFPA.

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

DCP is not aware of any written comments regarding the rules. The interpretation of this rule is at times the subject of informal proceedings before DCP.

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

Rule R152-26 assists DCP in administering the TFPA, especially with regard to the statutory requirement for telephone soliciting businesses to register with DCP. This rule provides important clarification to the public about registration under the TFPA. For instance, the rule clarifies that a registration may be denied if the registrant has committed violations of law set forth in Section 13-26-11. It also sets forth the circumstances under which the Division may make a demand on a bond, irrevocable letter of credit, or certificate of deposit. This rule continues to be of practical importance in administering the TFPA's registration and is used on a regular basis. Therefore, this rule should be continued.

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:

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

Effective:

04/19/2016

Authorized by:

Daniel O'Bannon, Director

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