13-42-132. Powers of the division.

513 words·~2 min read·/ut/title-13/chapter-42/13-42-132

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)The division may:

(a)act on the division's own initiative or in response to complaints;

(b)receive complaints;

(c)take action to obtain voluntary compliance with this chapter;

(d)refer cases to the attorney general; and

(e)seek or provide remedies as provided in this chapter.

(a)The division may investigate and examine, in this state or elsewhere, by subpoena or otherwise, the activities, books, accounts, and records of:

(i)a person that provides or offers to provide debt-management services; or

(ii)a person to which a provider delegates the provider's obligations under an agreement or this chapter, to determine compliance with this chapter.

(b)The division may not disclose information that identifies an individual who has an agreement with the provider to the public.

(c)In connection with an investigation described under this Subsection

(2), the division may:

(i)charge the person any reasonable expense the division incurs to conduct the examination;

(ii)require or permit a person to file a statement under oath as to each fact and circumstances of a matter the division investigates; and

(iii)seek a court order authorizing seizure from a bank at which the person maintains a trust account described in Section 13-42-122 , any or all money, books, records, accounts, and other property of the provider that the bank controls and relates to an individual who resides in this state.

(3)The division may adopt rules to implement the provisions of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act .

(4)The division may:

(a)enter into a cooperative arrangement with a federal or state agency that has authority over providers; and

(b)exchange with a federal or state agency information about a provider, including information the division obtains during an examination of the provider.

(5)The division shall establish fees in accordance with Section 63J-1-504 that a provider shall pay for the expense of administering this chapter.

(a)The division, by rule, shall adopt dollar amounts instead of those specified in Sections 13-42-102 , 13-42-105 , 13-42-109 , 13-42-113 , 13-42-123 , 13-42-133 , and 13-42-135 to reflect inflation, as measured by:

(i)the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers; or

(ii)if the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers is not available, another index the division adopts by rule.

(b)The division shall adopt a base year and adjust the dollar amounts, effective on July 1 of each year, if the change in the index from the base year, as of December 31 of the preceding year, is at least 10%.

(c)The division shall round the dollar amount to the nearest $100, except that the division shall round the amounts in Section 13-42-123 to the nearest dollar.

(7)The division shall notify registered providers of any change in dollar amounts made in accordance with Subsection

(6)and make that information available to the public.

Amended by Chapter 95 , 2026 General Session