No. 41703 (Amendment): Section R873-22M-16. Authorization to Issue a Certificate of Title Pursuant to Utah Code Ann. Section 41-1a-104
(Amendment)
DAR File No.: 41703
Filed: 05/25/2017 11:41:42 AMRULE ANALYSIS
Purpose of the rule or reason for the change:
The proposed amendment conforms the section to Tax Commission practice.
Summary of the rule or change:
The proposed amendment deletes language that appears in Tax Commission Section R873-22M-2; deletes references to affidavits where affidavits are no longer required; clarifies Tax Commission practice with respect to issuance of title when there is an assignment of a lienholder; and makes technical changes.
Statutory or constitutional authorization for this rule:
- Section 41-1a-104
Anticipated cost or savings to:
the state budget:
None--The amendment reflects current agency practice.
local governments:
None--The amendment reflects current agency practice.
small businesses:
None--The amendment reflects current agency practice.
persons other than small businesses, businesses, or local governmental entities:
None--The amendment reflects current agency practice.
Compliance costs for affected persons:
None--The amendment reflects current agency practice.
Comments by the department head on the fiscal impact the rule may have on businesses:
After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact on businesses.
Rebecca Rockwell, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Tax Commission
Motor Vehicle
210 N 1950 W
SALT LAKE CITY, UT 84134Direct questions regarding this rule to:
- Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov
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:
07/17/2017
This rule may become effective on:
07/24/2017
Authorized by:
Rebecca Rockwell, Commissioner
RULE TEXT
R873. Tax Commission, Motor Vehicle.
R873-22M. Motor Vehicle.
R873-22M-16. Authorization to Issue a Certificate of Title Pursuant to Utah Code Ann. Section 41-1a-104.
[
A. A lienholder who lawfully repossesses a vehicle may apply for a certificate of title by paying the title fee and filing all of the following documents:1. the outstanding Utah certificate of title showing the lien recorded;2. a notarized affidavit of repossession, signed by the lienholder of record;3. an application for title, properly signed and notarized.][
B.](1) If the purpose of the certificate of title is to record a new lien, or to rerecord a lien, and there is no change in the registered owner, all of the following are required:[
1.](a) the outstanding Utah certificate of title showing a release of [all]the prior [liens]lien;[
2.](b) an application [for]or title, properly signed[and notarized;]; and[
3.](c) the title fee.[
C.](2) In order to issue a new certificate of title showing the assignee as the lienholder, an applicant shall submit all of the following:[
1.](a) the outstanding Utah certificate of title [with the lien recorded]showing a release of the prior lien;[
2.](b) an application [for]or title showing the registered owner and the new lienholder , and signed by the assigning lienholder; and[
3.](c) the title fee.[
D. In lieu of the required owner's signature under Subsection C.2., the application may be stamped "Assignment of Lien Pursuant to Section 41-1a-607."]KEY: taxation, motor vehicles, aircraft, license plates
Date of Enactment or Last Substantive Amendment: [
July 14, 2016]2917Notice of Continuation: November 10, 2016
Authorizing, and Implemented or Interpreted Law: 41-1a-102; 41-1a-104; 41-1a-108; 41-1a-116; 41-1a-211; 41-1a-215; 41-1a-214; 41-1a-401; 41-1a-402; 41-1a-411; 41-1a-413; 41-1a-414; 41-1a-416; 41-1a-418; 41-1a-419; 41-1a-420; 41-1a-421; 41-1a-422; 41-1a-522; 41-1a-701; 41-1a-1001; 41-1a-1002; 41-1a-1004; 41-1a-1005; 41-1a-1009 through 41-1a-1011; 41-1a-1101; 41-1a-1209; 41-1a-1211; 41-1a-1220; 41-6-44; 53-8-205; 59-12-104; 59-2-103; 72-10-109 through 72-10-112; 72-10-102
Document Information
- Effective Date:
- 7/24/2017
- Publication Date:
- 06/15/2017
- Type:
- Notices of Proposed Rules
- Filed Date:
- 05/25/2017
- Agencies:
- Tax Commission, Motor Vehicle
- Rulemaking Authority:
Section 41-1a-104
- Authorized By:
- Rebecca Rockwell, Commissioner
- DAR File No.:
- 41703
- Summary:
The proposed amendment deletes language that appears in Tax Commission Section R873-22M-2; deletes references to affidavits where affidavits are no longer required; clarifies Tax Commission practice with respect to issuance of title when there is an assignment of a lienholder; and makes technical changes.
- CodeNo:
- R873-22M-16
- CodeName:
- {42922|R873-22M-16|R873-22M-16. Authorization to Issue a Certificate of Title Pursuant to Utah Code Ann. Section 41-1a-104}
- Link Address:
- Tax CommissionMotor Vehicle210 N 1950 WSALT LAKE CITY, UT 84134
- Link Way:
Christa Johnson, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@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 https://rules.utah.gov/publicat/bull_pdf/2017/b20170615.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]). Text ...
- Related Chapter/Rule NO.: (1)
- R873-22M-16. Authorization to Issue a Certificate of Title Pursuant to Utah Code Ann. Section 41-1a-104.