No. 33907 (Amendment): Section R162-106-5. Failure to Respond to Notice

(Amendment)

DAR File No.: 33907
Filed: 08/10/2010 02:38:38 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is proposed to clarify how a deadline will be calculated within the state's four-day workweek.

Summary of the rule or change:

A deadline that falls on a day when the division is closed shall be extended to the next business day.

State statutory or constitutional authorization for this rule:

• Subsection 61-2b-8(5)(c)
• Section 61-2b-29

Anticipated cost or savings to:

the state budget:

This amendment is for clarification only. It does not require oversight or enforcement by the state. No impact to the state budget is anticipated.

local governments:

Local governments are not subject to the appraiser rules. No fiscal impact to local governments is anticipated.

small businesses:

Small businesses are not subject to the appraiser rules. No fiscal impact to local governments is anticipated.

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

This amendment imposes no fees or penalties. No fiscal impact to affected persons is anticipated.

Compliance costs for affected persons:

No compliance is required. There are no compliance costs for affected persons.

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

No fiscal impact to businesses is anticipated from this filing, which clarifies that deadlines falling on any days that the Division is closed will be extended to the next business day.

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
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, 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:

10/01/2010

This rule may become effective on:

10/08/2010

Authorized by:

Deanna Sabey, Director

RULE TEXT

R162. Commerce, Real Estate.

R162-106. Professional Conduct.

R162-106-5. Failure to Respond to Notice.

106.5.

(a) When the Division notifies an appraiser or registered expert witness of a complaint, or when the Division notifies an appraiser or registered expert witness that information is needed from the individual, the notified individual must respond to the notice in the manner specified in the notice within ten business days of receipt of the notice from the Division. Failure to respond within the required time period to a notice or any written request for information from the Division shall be considered a violation of these rules and separate grounds for disciplinary action against the appraiser or registered expert witness.

(b) If a deadline for response under Subsection (a) falls on a day when the Division is closed, the deadline shall be extended to the next business day.

 

KEY: real estate appraisals, conduct

Date of Enactment or Last Substantive Amendment: [April 28], 2010

Notice of Continuation: February 15, 2007

Authorizing, and Implemented or Interpreted Law: 61-2b-29; 61-2b-8(5)(c)

 

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