No. 40420 (Amendment): Section R877-23V-20. Reasonable Cause to Deny, Suspend, or Revoke a License Issued Under Title 41, Chapter 3 Pursuant to Utah Code Ann. Section 41-3-209  

  • (Amendment)

    DAR File No.: 40420
    Filed: 05/12/2016 10:17:01 AM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    The section is amended to provide more specific guidance on reasonable cause to deny, suspend, or revoke license issued under Title 41, Chapter 3.

    Summary of the rule or change:

    The proposed amendment expands the section to apply to licensees, as well as license applicants and clarifies that the Motor Vehicle Enforcement Division bears the burden of rebutting the presumption that this rule sets forth.

    State statutory or constitutional authorization for this rule:

    Anticipated cost or savings to:

    the state budget:

    None--The proposed amendment clarifies the commission�s interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3.

    local governments:

    None--The proposed amendment clarifies the commission�s interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3.

    small businesses:

    None--The proposed amendment clarifies the commission�s interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3.

    persons other than small businesses, businesses, or local governmental entities:

    None--The proposed amendment clarifies the commission�s interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3.

    Compliance costs for affected persons:

    The proposed amendment clarifies the commission�s interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3.

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

    No fiscal impact--The section only addresses the Commission's interpretation of certain Motor Vehicle Enforcement Division statutes.

    Rebecca Rockwell, Commissioner

    The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

    Tax Commission
    Motor Vehicle Enforcement
    210 N 1950 W
    SALT LAKE CITY, UT 84134

    Direct questions regarding this rule to:

    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:

    07/01/2016

    This rule may become effective on:

    07/08/2016

    Authorized by:

    Rebecca Rockwell, Commissioner

    RULE TEXT

    R877. Tax Commission, Motor Vehicle Enforcement.

    R877-23V. Motor Vehicle Enforcement.

    R877-23V-20. Reasonable Cause to Deny, Suspend, or Revoke a License [ Issued ]Under Title 41, Chapter 3 Pursuant to Utah Code Ann. Section 41-3-209.

    (1) [There]Subject to Subsection (2), there is a rebuttable presumption that reasonable cause to deny, suspend, or revoke a license [issued ]under Title 41, Chapter 3 does not include a violation of a state or federal law that otherwise constitutes reasonable cause [to deny, suspend, or revoke a license ]under Subsection 41-3-209(2) if the licensee or license applicant[:

    (1) indicates on the license application that the applicant] who has been charged with, found in violation of, or convicted of a state or federal law that constitutes reasonable cause to deny, suspend, or revoke a license under Subsection 41-3-209(2)[;], has

    [(2)](a)(i) [has]completed any court-ordered probation or parole; or

    [(3)](ii) [if the license applicant has entered into a plea in abeyance, ]met [the]any conditions of [that]a plea in abeyance; and

    [(4)](b) paid any required criminal restitution and fines.

    (2) The division may rebut the presumption under Subsection (1) by presenting evidence to the commission establishing that the license should be denied, suspended, or revoked.

     

    KEY: taxation, motor vehicles

    Date of Enactment or Last Substantive Amendment: [October 22, 2015]2016

    Notice of Continuation: January 3, 2012

    Authorizing, and Implemented or Interpreted Law: 41-1a-712; 41-3-105; 41-3-201; 41-3-202; 41-3-210; 41-3-301; 41-3-302; 41-3-305; 41-3-503; 41-3-505; 41-3-506; 41-3-507

     


Document Information

Effective Date:
7/8/2016
Publication Date:
06/01/2016
Type:
Notices of Proposed Rules
Filed Date:
05/12/2016
Agencies:
Tax Commission, Motor Vehicle Enforcement
Rulemaking Authority:

Section 41-3-209

Authorized By:
Rebecca Rockwell, Commissioner
DAR File No.:
40420
Summary:

The proposed amendment expands the section to apply to licensees, as well as license applicants and clarifies that the Motor Vehicle Enforcement Division bears the burden of rebutting the presumption that this rule sets forth.

CodeNo:
R877-23V-20
CodeName:
{28551|R877-23V-20|R877-23V-20. Reasonable Cause to Deny, Suspend, or Revoke a License Issued Under Title 41, Chapter 3 Pursuant to Utah Code Ann. Section 41-3-209}
Link Address:
Tax CommissionMotor Vehicle Enforcement210 N 1950 WSALT LAKE CITY, UT 84134
Link Way:

Rebecca Rockwell, by phone at 801-297-3906, by FAX at , or by Internet E-mail at rrockwell@utah.gov

AdditionalInfo:
More information about a Notice of Proposed Rule is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2016/b20160601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. Text to be deleted is struck through and surrounded by brackets ([example]). ...
Related Chapter/Rule NO.: (1)
R877-23V-20. Reasonable Cause to Deny, Suspend, or Revoke a License Issued Under Title 41, Chapter 3 Pursuant to Utah Code Ann. Section 41-3-209.