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Utah Code § 7-23-501

Enforcement by department -- Rulemaking

Renumbered and Amended by Chapter 96, 2008 General Session; Amended by Chapter 382, 2008 General Session

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.