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[Utah Code Table of Contents]
[TITLE 13. Table of Contents]
13-1-1 Legislative findings and declarations.
The Legislature finds that many businesses and occupations in the state have a pronounced physical and economic impact on the health, safety, and welfare of the citizens of the state. The Legislature further finds that while the overall impact is generally beneficial to the public, the potential for harm and injury frequently warrants intervention by state government.
The Legislature declares that it is appropriate and necessary
for state government to protect its citizens from harmful
and injurious acts by persons offering or providing essential
or necessary goods and services to the general public. The
Legislature further declares that business regulation should
not be unfairly discriminatory. However, the general public
interest must be recognized and regarded as the primary purpose
of all regulation by state government.
1983
13-1-2 Creation and functions of department - Divisions created - Fees.
(1) (a) There is created the Department of Commerce.
(b) The department shall execute and administer state laws regulating business activities and occupations affecting the public interest.
(2) Within the department the following divisions are created:
(a) the Division of Occupational and Professional Licensing;
(b) the Division of Real Estate;
(c) the Division of Securities;
(d) the Division of Public Utilities;
(e) the Division of Consumer Protection; and
(f) the Division of Corporations and Commercial Code.
(3) (a) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services provided by the department by following the procedures and requirements of Section 63-38-3.2 .
(b) The department shall submit each fee established in this manner to the Legislature for its approval as part of the department's annual appropriations request.
(c) (i) All fees collected by each division and by the department shall be deposited in a restricted account within the General Fund known as the Commerce Service Fund.
(ii) At the end of each fiscal year, the director of the Division of Finance shall transfer into the General Fund any fee collections that are greater than the legislative appropriations from the Commerce Service Fund for that year.
(d) The department may not charge or collect any fee nor
expend monies from this fund without approval by the Legislature.
2005
13-1-3 Executive director.
(1) The department shall be under the supervision, direction, and control of the executive director of commerce. The executive director shall be appointed by the governor with the consent of the Senate. The executive director shall hold office at the pleasure of the governor. The governor shall establish the executive director's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall employ personnel necessary
to carry out the duties and responsibilities of the department.
2002
13-1-4 Centralization of duties.
The department shall centralize the duties and responsibilities of its divisions and agencies in order to:
(1) reduce and avoid duplication;
(2) provide efficient planning and management services; and
(3) maximize utilization of resources.
1983
13-1-5 Executive director's authority over division directors.
The executive director has policymaking and management
jurisdiction over directors of the divisions and agencies
within the department. He shall appoint the division directors,
subject to approval by the governor, unless otherwise provided
by law and shall determine their compensation.
1983
13-1-6 Rules and regulations.
(1) The executive director shall prescribe rules and procedures for the management and operation of the department, the conduct of its employees, and the custody, use, and preservation of its records, papers, books, documents, and property.
(2) The department and its divisions, in contemplation,
formulation, and passage of rules pursuant to Subsection
(1), shall acknowledge and consider the facilitation of commerce
in all its forms, including reliable electronic commerce,
for the benefit of both consumers and businesses.
2000
13-1-7 Budgets.
The department shall prepare and submit to the governor
a proposed budget for each division or agency within the
department to be included in the budget submitted by the
governor to the Legislature for the fiscal year following
the convening of the Legislature in an annual general session.
1985
13-1-8 Annual report.
The department shall prepare and submit to the governor
and the Legislature by October 1 of each year an annual report
of the operation, activities and goals of the department,
its divisions, and agencies for the preceding fiscal year.
1983
13-1-8.5 Procedures - Adjudicative proceedings.
(1) The Department of Commerce and its divisions shall comply with the procedures and requirements of Title 63, Chapter 46b, in their adjudicative proceedings.
(2) The department may contract with other state agencies
or departments to conduct hearings in its name or in the
name of its divisions or agencies.
1989
13-1-11 Employment of administrative law judges.
The department may employ administrative law judges to
conduct hearings for the department, its divisions, and agencies,
and to advise the executive director, division directors,
and agency boards on hearing and rulemaking procedures.
1983
