2011 Utah Code
7-23-501. Enforcement by department -- Rulemaking.
Title 7 Financial Institutions Act
Chapter 23 Check Cashing and Deferred Deposit Lending Registration Act
Section 501 Enforcement by department -- Rulemaking.
(1) Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act, the department may:
(a) receive and act on complaints;
(b) take action designed to obtain voluntary compliance with this chapter;
(c) commence administrative or judicial proceedings on its own initiative to enforce compliance with this chapter; or
(d) take action against a check casher or deferred deposit lender that fails to:
(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
(ii) submit information as requested by the department.
(2) The department may:
(a) counsel persons and groups on their rights and duties under this chapter;
(b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(i) restrict or prohibit lending or servicing practices that are misleading, unfair, or abusive;
(ii) promote or assure fair and full disclosure of the terms and conditions of agreements and communications between a customer and:
(A) a check casher; or
(B) a deferred deposit lender; and
(iii) promote or assure uniform application of or to resolve ambiguities in applicable state or federal laws or federal regulations; and
(c) employ hearing examiners, clerks, and other employees and agents as necessary to perform the department's duties under this chapter.
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