Pawnshop and Secondhand Merchandise Advisory Board.

1. Law
2. Utah Code
3. Commerce and Trade
4. Pawnshop and Secondhand Merchandise Transaction Information Act
5. Pawnshop and Secondhand Merchandise Advisory Board.

Affected by 63I-1-213 on 7/1/2027

Effective 5/12/2020
13-32a-112. Pawnshop and Secondhand Merchandise Advisory Board.

• (1) There is created within the division the "Pawnshop and Secondhand Merchandise Advisory Board."

• (2) The board consists of seven voting members appointed by the executive director of the Department of Commerce:
  • (a) one law enforcement officer whose work regularly involves pawn or secondhand business, recommended by the Utah Chiefs of Police Association;
  • (b) one law enforcement officer whose work regularly involves pawn or secondhand business, recommended by the Utah Sheriffs Association;
  • (c) one state, county, or municipal prosecutor, recommended by a prosecutors' association or council;
  • (d) one pawnbroker, recommended by the pawn industry;
  • (e) one secondhand merchandise dealer, recommended by the secondhand merchandise industry;
  • (f) one coin dealer, recommended by the Utah Coin Dealers Association; and
  • (g) one representative from the pawn or secondhand merchandise industry at large, recommended by the pawn or secondhand merchandise industry.

• (3) After receiving a recommendation for a member by a respective association, council, or industry for the board, the executive director may:
  • (a) decline the recommendation; and
  • (b) request another recommendation from the respective association, council, or industry.

• (4)
  • (a) A member of the board shall be appointed to a term of not more than four years, and may be reappointed upon expiration of the member's term.
  • (b) Notwithstanding the requirements of Subsection (4)(a), the executive director of the Department of Commerce shall, at the time of appointments or reappointments, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
  • (c) When a vacancy occurs in the membership for any reason, the executive director of the Department of Commerce shall appoint a member for the unexpired term.
  • (d) The executive director of the Department of Commerce may remove a member and replace the member in accordance with this section for the following reasons:
    • (i) the member fails or refuses to fulfill the duties of a board member, including attendance at board meetings; or
    • (ii) the member, an entity owned by the member, an entity that the member is employed by, or an entity that the member is representing, engages in a violation of this chapter or Section 76-6-408.
  • (e) Notwithstanding Subsection (4)(d), members of the board as of May 13, 2019, are removed from the board and the executive director of the Department of Commerce shall appoint the board members in accordance with this section.

• (5)
  • (a) The board shall elect one voting member as the chair of the board by a majority of the members present at the board's first meeting each year.
  • (b) The chair shall preside over the board for a period of one year.
  • (c) The board shall meet quarterly upon the call of the chair.
  • (d) A quorum of five members is required for the board to take action. An action taken by majority of a quorum present at a meeting constitutes an action of the board.

• (6)
  • (a) The duties and powers of the board include the following:
    • (i) recommending to the division appropriate rules regarding the administration and enforcement of this chapter;
    • (ii) recommending to the division changes related to the central database; and
    • (iii) advising the division on matters related to the pawn and secondhand merchandise industries.
  • (b) This Subsection (6) does not require the board's approval to act on a rule or amend this chapter.

• (7) A pawn or secondhand business may file with the board complaints regarding law enforcement agency practices perceived to be inconsistent with this chapter. The board may refer the complaints to the Peace Officers Standards and Training Division.

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