No. 39572 (5-year Review): Rule R162-2f. Real Estate Licensing and Practices Rules

DAR File No.: 39572
Filed: 08/12/2015 01:19:30 PM

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:

This rule was adopted under the statutory provisions of Title 61, Chapter 2f, the Real Estate Licensing and Practices Act (Act). The purpose of the rule was to reorganize the real estate rules in place at the time of adoption into a statutory numbering format and to update rules that, given online technologies, no longer tracked with general real estate business practices. Section 61-2f-103 provides that the Real Estate Commission shall make rules for the administration of Chapter 2f that are not inconsistent with the Act. Other sections which authorize the rulemaking process are Sections 61-2f-203, 61-2f-204, 61-2f-206, 61-2f-208, 61-2f-305, 61-2f-307, and 61-2f-401. Changes and updates to the rule have been made since its adoption. The rule provides direction to the staff of the division of real estate regarding the administration and enforcement of the Act and helps guide real estate licensees such that they might satisfy the statutory requirements found in the Act. As a result, the rule should be continued.

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

This rule has been amended numerous times since it became effective. In response to a proposed amendment to Sections R162-2f-205, R162-2f-401a, and R162-2f-403, filed 02/23/2011, several written comments were received in opposition to the proposed amendment of Section R162-2f-401a. The division received one written comment in favor of the amendment of Section R162-2f-205 and no comment regarding the proposed amendment to Section R162-2f-403. After considering the comments, the commission determined to take no further action on the proposed rule amendment and the rule filing lapsed. Later in the year, proposed rule amendments to Sections R162-2f-205 and R162-2f-403 were adopted without any additional public comment. In response to a proposed amendment to Section R162-2f-401a filed 03/03/2015, several written comments were received in opposition to the proposed amendment. The Commission determined to hold a public hearing to allow for additional public comment on the proposed amendment. Following the public hearing, the commission determined to take no further action on the proposed rule amendment and the rule filing lapsed. Except as summarized above, the division has no record of any other written comments received during and since the adoption of this rule.

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

The statutory requirements found in Title 61, Chapter 2f, remain in effect or have been updated at the time of this five-year review. The rulemaking authority from the statute continues in effect as does the need for rules to implement and administer the statute. As a result, the 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
Real Estate
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Justin Barney at the above address, by phone at 801-530-6603, by FAX at , or by Internet E-mail at [e-mail]

Effective:

08/12/2015

Authorized by:

Jonathan Stewart, Director

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