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Utah Administrative Code (Current through November 1, 2019) |
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R914. Transportation, Operations, Aeronautics |
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R914-3. Aircraft Registration Enforcement |
| R914-3-1. Purpose and Authority |
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The purpose of this rule is to provide procedures for the enforcement of state aircraft registration laws and the administration of penalties as required by Utah Code Section 72-10-112. |
| R914-3-2. Definitions |
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(1) "Based" means aircraft that is hangared, tied down, or parked at an airport located in the state of Utah for a plurality of the year, which is a total of six months and a day, minimum. (2) "Tax Commission" means the Utah State Tax Commission. (3) "Department" means the Utah Department of Transportation, Division of Aeronautics. |
| R914-3-3. Procedure for Enforcement |
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(1) Airport operators shall semi-annually, no later than March 1 and September 1, provide to the Department a report containing a list of aircraft Based at the airports they operate. The list shall contain: (a) The Federal Aviation Administration tail number of each aircraft, and; (b) The name and address of the owner or owners and the person responsible for payment of the Utah aircraft registration fee, if different. (2) In addition to the semi-annual reports, airport operators shall coordinate with the Department, or its agent, and provide information as requested by the Department, or its agent, to determine and verify aircraft Based in the state. (3) The Department, or its agent, shall conduct compliance audits and inspections as needed to enforce applicable state laws related to the registration of aircraft. (4) In addition to annually submitting to the Tax Commission the statewide database of aircraft Based in the state as required under Section 72-10-110, the Department shall advise the Tax Commission of aircraft Based in the state that were not included in the annual submission. (5) The Department shall send a Late Notice by certified mail to all aircraft owners who have failed to pay annual registration fees by January 31 each year. (6) Aircraft owners who fail to pay annual registration fees within 30 days after receiving a Late Notice from the Department shall be penalized as provided by R914-3-4. |
| R914-3-4. Notice of Agency Action -- Penalties |
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(1) The Department may commence an adjudicative proceeding pursuant to rule R907-2 to administer a penalty for failure of an owner or owners of an aircraft to register and pay required registration fees for an aircraft Based in the state by serving a Notice of Agency Action upon the owner or owners of the aircraft accused of the violation. (2) The Department may impose a penalty of 10% of the registration fee for the first month and 5% of the registration fee for each subsequent month an aircraft is operated in violation of Section 72-10-109. (3) Administrative Hearings initiated under this provision shall be designated as informal hearings under the Utah Administrative Procedures Act and conducted as set forth in Utah Code Section 63G-4-203. |
| R914-3-5. Appeals of Department Action |
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(1) Penalized persons may appeal penalties imposed by the Department under this rule and pursuant to the Notice of Agency Action. (2) Appeals shall be considered by a steering committee created by the Department. The steering committee shall have the powers granted to the Deputy Director, or the Deputy Director's designee, in R907-1-3 for appeals from failure to pay required aircraft registration fees for aircraft based in the state of Utah. (3) The committee's decision shall be considered a final agency order pursuant the Administrative Procedures Act. |