Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Search]
[Utah Administrative Code Table of Contents]
[Title R152. Table of Contents]
R152-30-1 Authority.
These rules are promulgated under Section 13-2-5 (1) to facilitate the orderly administration of the Utah Personal Introduction Services Protection Act (hereafter, "the Act"), Title 13, Chapter 30.
R152-30-2 Definitions--Clarifications.
(1) The definitions set forth in Section 13-30-102 are incorporated herein.
(2) In addition the following clarification of definition as regards the administration of R152-30 and Chapter 30 of Title 13 is deemed necessary by the division.
(a) As set forth in Section 13-30-102 (5), the term "compensation" for the purposes of determining the appropriate monetary amount of the bond, certificate of deposit, or letter of credit to be posted in accordance with Section 13-30-106 means the charge of or receipt of any money or other valuable consideration prior to full and complete performance of the services the personal introduction service has agreed to perform for the buyer for contracts having an unexpired term exceeding 90 days, as more specifically set forth in R152-30-3.
R152-30-3 Bond, Certificate of Deposit, or Letter of Credit-- Sliding Scale--Posting--Recovery Against.
(1) The minimum principal amount of the bond, certificate of deposit, or letter of credit required under Section 13-30-106 (2) shall, if compensation is received prior to complete performance of the services contracted for, be based on the number of unexpired contracts in excess of 90 days for personal introduction services to which the personal introduction services is a party, in accordance with the following schedule:
Principal Amount of Number of Contracts Bond, Certificate of with an Unexpired Term Deposit, or Letter Exceeding 90 Days of Credit $ 50,000 500 or fewer 75,000 501 to 1,500 100,000 1,501 or more
(2) Any person who is injured through the violation of the Act by a personal introduction service is entitled to recover the value of such losses from the personal introduction service's posted bond, certificate of deposit, or letter of credit.
(3) The division also may recover from the bond, certificate of deposit, or letter of credit of a personal introduction service the amount of any administrative fine it imposes, or the amount of any civil judgments it obtains, against the personal introduction service arising from a violation of the Act.
(4) payment is immediately due and owing to the division when:
(a) the director delivers a signed writing to the personal introduction service and the personal introduction service's surety or issuing institution demanding payment of a specified sum of money; and
(b) the personal introduction service's liability in the amount specified by the director is demonstrated by a certified copy of the division's final order or the civil judgment of any Utah or federal court, which copy shall be attached to the director's demand for payment.
(5) The division may make a demand on a bond, certificate of deposit, or letter of credit either in its own right or as the representative of consumers who have been injured by the personal introduction service's violation of the Act.
(6) Bonds, certificates of deposit, or letters of credit submitted may be executed in any form that the director deems commercially and legally reasonable and consistent with this rule. The division's acceptance of a non-conforming instrument does not result in a waiver of the requirements of this rule.
R152-30-4 Grounds for Denial, Suspension, or Revocation-- Procedure.
(1) The director may, in accordance with Title 63, Chapter 46b, Administrative Procedures Act, issue an order to deny an initial or renewal application for registration as per Section 13-30-112 , and suspend or revoke a registration at anytime, if the necessity of such denial, suspension or revocation in the director's opinion is based on facts known by the division or presented to the division showing that an immediate and significant danger to the public health, safety or welfare exists, and if such threat requires immediate action by the director that such denial, suspension or revocation may issue forthwith as an emergency order, subject to the division's compliance with Section 63-46b-20.
[Indexing]
KEY: consumer protection, personal services
December 30, 1998
[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
13-30-101
