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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-23-501, 1999

The department may receive complaints, seek voluntary compliance, start enforcement proceedings, counsel persons and groups, make rules, and hire staff, subject to the Administrative Procedures Act and rulemaking…

Source excerpt

administrative enforcementadministrative proceedingscomplaintscomplaints and disclosuresconsumer disclosureconsumer financeconsumer lendingcustomer communicationsdebt collectiondisclosurejudicial proceedingslendinglending practicesrulemakingservicingstaffingvoluntary compliance
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 1999
Dates
Enacted 1999
More statute details
Dates
Enacted 1999
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01

Purpose and legislative effect

“The department may receive complaints, seek voluntary compliance, start enforcement proceedings, counsel persons and groups, make rules, and hire staff, subject to the Administrative Procedures Act and rulemaking requirements.”

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02

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    Enacted 1999. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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03

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Enforcement by department -- Rulemaking.

The department may receive complaints, seek voluntary compliance, start enforcement proceedings, counsel persons and groups, make rules, and hire staff, subject to the Administrative Procedures Act and rulemaking requirements.

Section 7-23-501

Subsection 7-23-501(1)(c)

It may commence administrative or judicial proceedings on its own initiative to enforce compliance with this chapter.

Section 7-23-501(1)(c)

Subsection 7-23-501(2)

The department may counsel people about their rights and duties, adopt rules on lending and servicing practices, disclosures, and legal ambiguities, and hire needed staff and agents.

Section 7-23-501(2)

Subsection 7-23-501(2)(b)(ii)

promote or assure fair and full disclosure of the terms and conditions of agreements and communications between a customer and: a check casher; or a deferred deposit lender; and

Section 7-23-501(2)(b)(ii)

Subsection 7-23-501(2)(c)

The department may employ hearing examiners, clerks, and other employees or agents as needed to carry out its duties under this chapter.

Section 7-23-501(2)(c)

04

Source and current-law status

In force source record

Source record from le.utah.gov · Enacted 1999

In force

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Official record

Source-indexed provision map

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Showing 17 of 17 provisions

Provision 14Commencement 3

Part 7-23-5

part 7-23-5 Enforcement

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

Source excerpt

The department may receive complaints, seek voluntary compliance, start enforcement proceedings, counsel persons and groups, make rules, and hire staff, subject to the Administrative Procedures Act and rulemaking requirements.

Enforcement by department -- Rulemaking. Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act , the department may: receive and act on complaints; take action designed to obtain voluntary compliance with this chapter; commence administrative or judicial proceedings on its own initiative to enforce compliance with this chapter; or take action against a check casher or deferred deposit lender that fails to: 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 submit information as requested by the department. The department may: counsel persons and groups on their rights and duties under this chapter; make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , to: restrict or prohibit lending or servicing practices that are misleading, unfair, or abusive; promote or assure fair and full disclosure of the terms and conditions of agreements and communications between a customer and: a check casher; or a deferred deposit lender; and promote or assure uniform application of or to resolve ambiguities in applicable state or federal laws or federal regulations; and employ hearing examiners, clerks, and other employees and agents as necessary to perform the department's duties under this chapter.
Section 7-23-501Verify source
§ 7-23-501(1)Subsection 7-23-501(1)Commencement

Source excerpt

The department may handle complaints and take enforcement steps, including against a check casher or deferred deposit lender that does not respond in writing within 30 business days or provide requested information.

Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act , the department may: receive and act on complaints; take action designed to obtain voluntary compliance with this chapter; commence administrative or judicial proceedings on its own initiative to enforce compliance with this chapter; or take action against a check casher or deferred deposit lender that fails to: 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 submit information as requested by the department.
Section 7-23-501(1)Verify source
§ 7-23-501(1)(a)Subsection 7-23-501(1)(a)Provision

Source excerpt

The recipient must receive and act on complaints.

receive and act on complaints;
Section 7-23-501(1)(a)Verify source
§ 7-23-501(1)(b)Subsection 7-23-501(1)(b)Provision

Source excerpt

take action designed to obtain voluntary compliance with this chapter;

take action designed to obtain voluntary compliance with this chapter;
Section 7-23-501(1)(b)Verify source
§ 7-23-501(1)(c)Subsection 7-23-501(1)(c)Commencement

Source excerpt

It may commence administrative or judicial proceedings on its own initiative to enforce compliance with this chapter.

commence administrative or judicial proceedings on its own initiative to enforce compliance with this chapter; or
Section 7-23-501(1)(c)Verify source
§ 7-23-501(1)(d)Subsection 7-23-501(1)(d)Provision

Source excerpt

The department may take action against a check casher or deferred deposit lender that does not respond in writing within 30 business days after notice of a complaint, or that does not submit information the department requests.

take action against a check casher or deferred deposit lender that fails to: 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 submit information as requested by the department.
Section 7-23-501(1)(d)Verify source
§ 7-23-501(1)(d)(i)Subsection 7-23-501(1)(d)(i)Provision

Source excerpt

A check casher or deferred deposit lender must respond to the department in writing within 30 business days after receiving notice of a complaint filed with the department.

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
Section 7-23-501(1)(d)(i)Verify source
§ 7-23-501(1)(d)(ii)Subsection 7-23-501(1)(d)(ii)Provision

Source excerpt

A person must submit information when the department requests it.

submit information as requested by the department.
Section 7-23-501(1)(d)(ii)Verify source
§ 7-23-501(2)Subsection 7-23-501(2)Provision

Source excerpt

The department may counsel people about their rights and duties, adopt rules on lending and servicing practices, disclosures, and legal ambiguities, and hire needed staff and agents.

The department may: counsel persons and groups on their rights and duties under this chapter; make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , to: restrict or prohibit lending or servicing practices that are misleading, unfair, or abusive; promote or assure fair and full disclosure of the terms and conditions of agreements and communications between a customer and: a check casher; or a deferred deposit lender; and promote or assure uniform application of or to resolve ambiguities in applicable state or federal laws or federal regulations; and employ hearing examiners, clerks, and other employees and agents as necessary to perform the department's duties under this chapter.
Section 7-23-501(2)Verify source
§ 7-23-501(2)(a)Subsection 7-23-501(2)(a)Provision

Source excerpt

The text says to counsel persons and groups on their rights and duties under this chapter.

counsel persons and groups on their rights and duties under this chapter;
Section 7-23-501(2)(a)Verify source
§ 7-23-501(2)(b)Subsection 7-23-501(2)(b)Provision

Source excerpt

The rules-maker may make rules under the Utah Administrative Rulemaking Act to restrict or prohibit misleading, unfair, or abusive lending or servicing practices, and to require fair and full disclosure and resolve ambiguities in applicable laws or regulations.

make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , to: restrict or prohibit lending or servicing practices that are misleading, unfair, or abusive; promote or assure fair and full disclosure of the terms and conditions of agreements and communications between a customer and: a check casher; or a deferred deposit lender; and promote or assure uniform application of or to resolve ambiguities in applicable state or federal laws or federal regulations; and
Section 7-23-501(2)(b)Verify source
§ 7-23-501(2)(b)(i)Subsection 7-23-501(2)(b)(i)Provision

Source excerpt

Lending or servicing practices may not be misleading, unfair, or abusive.

restrict or prohibit lending or servicing practices that are misleading, unfair, or abusive;
Section 7-23-501(2)(b)(i)Verify source
§ 7-23-501(2)(b)(ii)Subsection 7-23-501(2)(b)(ii)Provision
promote or assure fair and full disclosure of the terms and conditions of agreements and communications between a customer and: a check casher; or a deferred deposit lender; and
Section 7-23-501(2)(b)(ii)Verify source
§ 7-23-501(2)(b)(ii)(A)Subsection 7-23-501(2)(b)(ii)(A)Provision

Source excerpt

Refers to a check casher.

a check casher; or
Section 7-23-501(2)(b)(ii)(A)Verify source
§ 7-23-501(2)(b)(ii)(B)Subsection 7-23-501(2)(b)(ii)(B)Provision

Source excerpt

Refers to a deferred deposit lender.

a deferred deposit lender; and
Section 7-23-501(2)(b)(ii)(B)Verify source
§ 7-23-501(2)(b)(iii)Subsection 7-23-501(2)(b)(iii)Provision

Source excerpt

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

promote or assure uniform application of or to resolve ambiguities in applicable state or federal laws or federal regulations; and
Section 7-23-501(2)(b)(iii)Verify source
§ 7-23-501(2)(c)Subsection 7-23-501(2)(c)Provision

Source excerpt

The department may employ hearing examiners, clerks, and other employees or agents as needed to carry out its duties under this chapter.

employ hearing examiners, clerks, and other employees and agents as necessary to perform the department's duties under this chapter.
Section 7-23-501(2)(c)Verify source

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