7-23-501. Enforcement by department -- Rulemaking.

253 words·~1 min read·/ut/title-7/chapter-23/7-23-501

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

(1)Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act , the department may:

(a)receive and act on complaints;

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

(c)commence administrative or judicial proceedings on its own initiative to enforce compliance with this chapter; or

(d)take action against a check casher or deferred deposit lender that fails to:

(i)respond to the department, in writing within 30 business days of the day on which the check casher or deferred deposit lender receives notice from the department of a complaint filed with the department; or

(ii)submit information as requested by the department.

(2)The department may:

(a)counsel persons and groups on their rights and duties under this chapter;

(b)make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , to:

(i)restrict or prohibit lending or servicing practices that are misleading, unfair, or abusive;

(ii)promote or assure fair and full disclosure of the terms and conditions of agreements and communications between a customer and:

(A)a check casher; or

(B)a deferred deposit lender; and

(iii)promote or assure uniform application of or to resolve ambiguities in applicable state or federal laws or federal regulations; and

(c)employ hearing examiners, clerks, and other employees and agents as necessary to perform the department's duties under this chapter.

Renumbered and Amended by Chapter 96 , 2008 General Session

Amended by Chapter 382 , 2008 General Session