Utah Code 7-23-501. Enforcement by department — Rulemaking
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(1) Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act, the department may:
Terms Used In Utah Code 7-23-501
- Check: is a s defined in Section 70A-3-104. See Utah Code 7-23-102
- Check casher: means a person that engages in the business of cashing checks. See Utah Code 7-23-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Deferred deposit lender: means a person that engages in the business of deferred deposit lending. See Utah Code 7-23-102
- Department: means the Department of Financial Institutions. See Utah Code 7-1-103
- State: means , unless the context demands otherwise:(33)(a) a state;(33)(b) the District of Columbia; or(33)(c) the territories of the United States. See Utah Code 7-1-103
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) receive and act on complaints;(1)(b) take action designed to obtain voluntary compliance with this chapter;(1)(c) commence administrative or judicial proceedings on its own initiative to enforce compliance with this chapter; or(1)(d) take action against a check casher or deferred deposit lender that fails to:(1)(d)(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(1)(d)(ii) submit information as requested by the department.(2) The department may:(2)(a) counsel persons and groups on their rights and duties under this chapter;(2)(b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:(2)(b)(i) restrict or prohibit lending or servicing practices that are misleading, unfair, or abusive;(2)(b)(ii) promote or assure fair and full disclosure of the terms and conditions of agreements and communications between a customer and:(2)(b)(ii)(A) a check casher; or(2)(b)(ii)(B) a deferred deposit lender; and(2)(b)(iii) promote or assure uniform application of or to resolve ambiguities in applicable state or federal laws or federal regulations; and(2)(c) employ hearing examiners, clerks, and other employees and agents as necessary to perform the department’s duties under this chapter. - Writing: includes :