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[Utah Administrative Code Table of Contents]
[Title R152. Table of Contents]
R152-1-1 Purposes, Policies and Rules of Construction.
A. These rules are promulgated pursuant to Subsection 13-2-5 (1) for the purposes of assisting in the orderly administration of those chapters of Title 13, Utah Code Annotated, 1953, as amended, which the Division is charged with administering and enforcing and or assisting other state and federal agencies in administering and enforcing, namely:
(1) Title 13, Chapter 5, Unfair Practices Act;
(2) Title 13, Chapter 11, Consumer Sales Practices Act;
(3) Title 13, Chapter 15, Business Opportunity Disclosure Act;
(4) Title 13, Chapter 16, Motor Fuel Marketing Act;
(5) Title 13, Chapter 20, New Motor Vehicle Warranties Act;
(6) Title 13, Chapter 21, Credit Services Organizations Act;
(7) Title 13, Chapter 22, Charitable Solicitations Act;
(8) Title 13, Chapter 23, Health Spa Services Protection Act;
(9) Title 13, Chapter 25, Automated Dialing Telephone Solicitation;
(10) Title 13, Chapter 26, Telephone Fraud Prevention Act;
(11) Title 13, Chapter 27, Prohibition of Unsolicited Facsimile Advertising; and
(12) Title 13, Chapter 28, Prize Notices Regulation Act.
B. These substantive rules are adopted by the Director of the Division of Consumer Protection pursuant to general authority of Section 5 of Chapter 2 of Title 13, Utah Code Annotated, 1953, as amended, and specific authority of the following statutory sections, namely Section 13-2-5 (1) and (5), Section 13-11-7 (1)(c) and (e), Section 13-11-8 (1), Section 13-15-3 (1), Section 13-22-3 (6), Section 13-25-2[Ed.Note: Apparent Utah Code Ref. not found.] and Section 13-27-2[Ed.Note: Apparent Utah Code Ref. not found.] (2), Utah Code Annotated, 1953, as amended. Without limiting the scope of any section of any chapter therein or any other rule, this rule shall be liberally construed and applied to promote its stated purposes and policies. The purposes and policies of this rule are to:
(1) protect consumers from individuals and businesses who have engaged in and committed deceptive acts or practices, or have engaged in and committed unconscionable acts or practices.
(2) supply consumers with pertinent information on the nature of those individuals or businesses who may be engaging in and committing deceptive acts or practices, or may be engaging in and committing unconscionable acts or practices, so as to aid consumers in their decision making.
(3) encourage the development of fair consumer sales practices and wise decision making by consumers in all their consumer purchase decisions.
R152-1-2 Definitions.
A. Definitions: For the purposes of this rule, the following definitions shall apply and be used in construing this rule:
(1) "Buyer Beware List" means a written and compiled list of those individuals or business compiled by the Division in accordance with this rule and based on the criterion for placement on and removal from said list set forth herein. Such list shall be a not less than quarterly publication of the Division and for purposes of classification under the Utah Government Records Management Act ("GRAMA") Section 63-2-101 , et seq., Utah Code Annotated, 1953 as amended, is classified as a "public" record or document.
(2) "Department" means the Utah Department of Commerce.
(3) "Director" means the director of the Utah Department of Commerce, Division of Consumer Protection.
(4) "Division" means the Utah Department of Commerce, Division of Consumer Protection.
(5) "Emergency" means facts known or presented to the Utah Department of Commerce, Division of Consumer Protection that show that an immediate and significant danger to the public health, safety, or welfare exists as regards the administration of those chapters or one of those chapters of Title 13, Utah Code Annotated, 1953, as amended, which the Division is charged with administering and enforcing; and the threat requires immediate action by the Division.
(6) "Executive Director" means the executive director of the Utah Department of Commerce.
(7) "Order of Adjudication" means an order issued by the Utah Department of Commerce, Division of Consumer Protection after proper notice and hearing, as applicable, in accordance with the Utah Administrative Procedures Act, Section 63-46b-1 , et. seq., Utah Code Annotated, 1953, as amended.
R152-1-3 Placement on "Buyer Beware List".
A. The Division shall place the name of an individual or business on the "Buyer Beware List" for the following reason:
(1) Conduct which constitutes a violation of any of the chapters of Title 13, Utah Code Annotated, 1953, as amended, which the Division is charged with administering and enforcing, and which has been reduced to an Order of Adjudication of the Division, namely:
(a) Title 13, Chapter 5, Unfair Practices Act;
(b) Title 13, Chapter 11, Consumer Sales Practices Act;
(c) Title 13, Chapter 15, Business Opportunity Disclosure Act;
(d) Title 13, Chapter 16, Motor Fuel Marketing Act;
(e) Title 13, Chapter 20, New Motor Vehicle Warranties Act;
(f) Title 13, Chapter 21, Credit Services Organizations Act;
(g) Title 13, Chapter 22, Charitable Solicitations Act;
(h) Title 13, Chapter 23, Health Spa Services Protection Act;
(i) Title 13, Chapter 25, Automated Dialing Telephone Solicitation;
(j) Title 13, Chapter 26, Telephone Fraud Prevention Act;
(k) Title 13, Chapter 27, Prohibition of Unsolicited Facsimile Advertising; and
(l) Title 13, Chapter 28, Prize Notices Regulation Act.
(2) The Division shall provide fifteen (15) business days written notice by certified mail prior to placing an individual or business on the Buyer Beware List unless notice has otherwise been given by a previously issued Division subpoena or written inquiry properly addressed or unless an emergency is deemed to exist. All individuals and businesses placed on the Buyer Beware List shall be notified in writing of the reasons for the proposed inclusion on the list. They will also be advised of what actions, if any, they can take to remove their name from the list.
B. When the Division of Consumer Protection believes the public interest would be served, the Division may place the name of an individual or business on the "Buyer Beware List" for either of the following reasons:
(1) Failure or refusal to respond to an administrative subpoena of the Division; or
(2) Failure or refusal to respond to a consumer complaint on file with the Division alleging violation of one or more of the acts administered by the Division after the business or individual has received notification from the Division and had an opportunity to respond to the Division and address the complaint. Unclaimed, returned or refused certified mail properly addressed to the individual or business which is received back by the Division shall constitute proof of such failure or refusal to respond.
C. Prior to placement on the Buyer Beware List for either of the reasons set forth at R152-1-3B(1) and (2) above the Division shall:
(1) In accordance with Division policy and procedure upon receipt of a consumer complaint make reasonable efforts to communicate with an individual or business complained against which shall include at a minimum efforts of:
(a) At least one (1) initial written notice by certified mail or facsimile transmission;
(b) At least one (1) initial telephone call; and
(c) If the individual or business complained against is a Utah resident at least one initial (1) face to face contact by a Division representative either at the Division's offices or at the individual's or business' Utah address.
(2) If the initial efforts set forth at R152-1-3C(1) have proven unsuccessful the Division shall provide fifteen (15) business days written notice by certified mail prior to placing an individual or business on the Buyer Beware List unless notice has otherwise been given by a previously issued Division subpoena or written inquiry properly addressed or unless an emergency is deemed to exist. All individuals and businesses placed on the Buyer Beware List shall be notified in writing of the reasons for the proposed inclusion on the list. They will also be advised of what actions, if any, they can take to remove their name from the list.
D. Each listing on the Buyer Beware List shall contain a listing of the individual's or business':
(1) name(s), including "doing businesses as";
(2) address(es);
(3) phone number(s); and
(4) a detailed basis for the individual or business being placed on the list, including whether an administrative fine has been assessed and if so what amount and or whether a cease and desist order in accordance with Section 13-2-6 (1), Utah Code Annotated, 1953, as amended, has been issued.
R152-1-4 Removal from "Buyer Beware List".
A. The Division of Consumer Protection shall remove the name of the business or individual from the Buyer Beware List as follows:
(1) Pursuant to R152-1-3A(1), when the individual or business complies with all aspects of the Order of Adjudication entered against the individual or business, including the payment of all administrative fines assessed, if any.
(2) Pursuant to R152-1-3B(1), when a sufficient response is provided to an outstanding Division subpoena.
(3) Pursuant to R152-1-3B(2), when a satisfactory response is made to outstanding Division inquiries previously failed or refused to be responded to.
R152-1-5 Enforcement.
A. The Division may be entitled to recover costs, including investigative costs and processing costs incurred in administration of this rule when such are reduced to an Order of Adjudication or otherwise agreed to by the Division and the individual or business.
B. Any payment made to the Division shall be approved by the Executive Director of the Department of Commerce and placed in the Division Consumer Education and Training Fund for the specific purpose of publishing and disseminating the Buyer Beware List.
[Indexing]
KEY: consumer protection
April 1, 1996
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
13-2-5
(1)
13-2-5
(5)
13-11-7
(1)(c)
13-11-7
(1)(e)
13-11-8
(1)
13-15-3
(1)
13-22-3
(6)
13-25-2[Ed.Note: Apparent Utah Code Ref. not found.]
13-27-2[Ed.Note: Apparent Utah Code Ref. not found.]
(2)
