No. 41041 (5-year Review): Rule R152-42. Uniform Debt-Management Services Act Rules

DAR File No.: 41041
Filed: 12/01/2016 08:30:51 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 13-2-5(1) gives the Director of the Division of Consumer Protection (Division) authorization to issue rules to administer and enforce the chapters listed in Section 13-2-1. The Uniform Debt-Management Act also provides rulemaking authority to the Division under Subsection 13-42-102(9)(c), Sections 13-42-112 and 13-42-121, and Subsections 13-42-122(9), 13-42-132(3), and 13-42-132(6).

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

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

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

The Uniform Debt-Management Act (the Act) provides several areas where rulemaking by the Division is required or authorized. The Act invites the Division to adopt a base year for purposes of adjusting dollar amounts specified in the Act, which it establishes in Section R152-42-6. The Division is also invited to declare the states where registration under that State's Uniform Debt-Management Services Act satisfies the Division's licensure requirements, which is established in Section R152-42-3. The Act does not define certification of counselors or what evidence of accreditation by an independent body means, so clarification is provided on those points in Sections R152-42-4 and R152-42-5. Finally, the rule provides for the submission of organizational documents in an application to provide proof that the business was organized by law. This rule either is mandated by the Act, or furthers the administrative and enforcement of the Act by the Division. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

12/01/2016

Authorized by:

Daniel O'Bannon, Director

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