No. 29413: R152-42. Uniform Debt-Management Services Act Rules

DAR File No.: 29413
Filed: 03/20/2007, 09:01
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

In response to the public comments received in relation to the proposed new rule relating to the Uniform Debt-Management Services Act, the Division has determined that it is necessary to make further changes to the proposed rule. The changes to the proposed rule state that a list of approved accrediting organizations will be placed on the Division's website or can be obtained by contacting the Division, as opposed to having those organizations listed in the rule. The change also states that those organizations or programs that have been approved by the Division to meet the requirement of Subsection 13-42-106(9) will be placed on the Division's website or can be obtained by contacting the Division, rather than having those organizations or programs set out in the rule.

Summary of the rule or change:

The changes to the proposed rule state that a list of approved accrediting organizations will be placed on the Division's website or can be obtained by contacting the Division, as opposed to having those organizations listed in the rule. The change also states that those organizations or programs that have been approved by the Division to meet the requirement of Subsection 13-42-106(9) will be placed on the Division's website or can be obtained by contacting the Division, rather than having those organizations or programs set out in the rule. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the February 1, 2007, issue of the Utah State Bulletin, on page 5. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Subsections 13-42-102(9)(c), 13-42-112(2), 13-42-132(3), and 13-42-132(6)

Anticipated cost or savings to:

the state budget:

This change in proposed rule presents no additional anticipated costs or savings to the state budget other than those set forth in the original proposed new rule filing.

local governments:

This change in proposed rule presents no additional anticipated costs or savings to local government other than those set forth in the original proposed new rule filing.

other persons:

This change in proposed rule presents no additional anticipated costs or savings to other persons other than those set forth in the original proposed new rule filing.

Compliance costs for affected persons:

This change in proposed rule presents no additional compliance costs for affected persons other than those set forth in the original proposed new rule filing.

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

No fiscal impact to businesses is anticipated as a result of this change in proposed rules. Francine 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
Consumer Protection
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Thomas Copeland at the above address, by phone at 801-530-6601, by FAX at 801-530-6001, 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:

05/15/2007

Interested persons may attend a public hearing regarding this rule:

5/04/2007 at 9:00 AM, Heber M Wells Bldg, 160 E 300 S, Salt Lake City, UT

This rule may become effective on:

05/22/2007

Authorized by:

Kevin V Olsen, Director

RULE TEXT

R152. Commerce, Consumer Protection.

R152-42. Uniform Debt-Management Services Act Rules.

 

. . . . . . .

 

R152-42-4. Independent Accrediting Organizations.

In order to comply with requirements of Utah Code Section 13-42-106(8) a provider must[:

(1) be a member of the National Foundation for Credit Counseling;

(2) be a member of the Association of Independent Consumer Credit Counseling Agencies;

(3) be accredited by the Council on Accreditation;

(4) be certified meeting the International Organization for Standardization 9001:2000 standards; or

(5) be accredited by an accrediting body approved by the Division by rule.] provide evidence of accreditation by an independent accrediting organization approved by the Director of the Division that assures compliance with industry standards. A list of organizations that have been approved can be found on the Division's website or obtained by contacting the Division.

 

R152-42-5. Certification of Counselors.

In order to comply with the requirements of Utah Code Section 13-42-106(9), a provider must[:

(1) be a member of the National Foundation for Credit Counseling;

(2) be a member of the Association of Independent Consumer Credit Counseling Agencies;

(3) be approved by the United States Trustees to provide credit counseling pursuant to 11 U.S.C. 111; or

(4) show that each provider's credit counselors are certified by one of the following organizations:

(a) the Association of Financial Counseling and Planning Education;

(b) the National Association of Certified Credit Counselors; or

(c) any other organization approved by the Division by rule.] provide evidence that, within 12 months after initial employment, each of the applicant's counselors becomes certified as a certified counselor. A list of organizations or programs that have been approved can be found on the Division's website or by contacting the Division.

 

R152-42-6. Adoption of Base Year.

Pursuant to Utah Code Section 13-42-132(6), the Division adopts a base year of 2007.

 

KEY: debt-management, consumer protection

Date of Enactment or Last Substantive Amendment: 2007

Authorizing, and Implemented or Interpreted Law: 13-42-102(9)(c); 13-42-112(2); 13-42-132(3); 13-42-132(6)