Utah Code 7-23-501. Enforcement by department

(1)

Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act, the department may:

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:

(a)

a state;

(b)	the District of Columbia; or

(c)	the territories of the United States. See Utah Code 7-1-103 Writing: includes :Utah Code 68-3-12.5
(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)

(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.

Renumbered and Amended by Chapter 96, 2008 General Session
Amended by Chapter 382, 2008 General Session

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