Enforcement by department -- Rulemaking.

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  • (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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