(1)  The division shall administer this chapter.

Terms Used In Utah Code 61-2c-103

  • Branch office: means a licensed entity's office:
(i) for the transaction of the business of residential mortgage loans regulated under this chapter;
(ii) other than the main office of the licensed entity; and
(iii) that operates under:
(A) the same business name as the licensed entity; or
(B) another trade name that is registered with the division under the entity license. See Utah Code 61-2c-102
  • Certified education provider: means a person who is certified under Section 61-2c-204. See Utah Code 61-2c-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Division: means the Division of Real Estate. See Utah Code 61-2c-102
  • Entity: means :
    (i) a corporation;
    (ii) a limited liability company;
    (iii) a partnership;
    (iv) a company;
    (v) an association;
    (vi) a joint venture;
    (vii) a business trust;
    (viii) a trust; or
    (ix) another organization. See Utah Code 61-2c-102
  • Licensee: means a person licensed with the division under this chapter. See Utah Code 61-2c-102
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under federal licensing requirements. See Utah Code 61-2c-102
  • Person: means an individual or entity. See Utah Code 61-2c-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Record: means information that is:
    (i) prepared, owned, received, or retained by a person; and
    (ii) 
    (A) inscribed on a tangible medium; or
    (B) 
    (I) stored in an electronic or other medium; and
    (II) in a perceivable and reproducible form. See Utah Code 61-2c-102
    (2)  In addition to a power or duty expressly provided in this chapter, the division may:

    (a)  receive and act on a complaint including:

    (i)  taking action designed to obtain voluntary compliance with this chapter; or

    (ii)  commencing an administrative or judicial proceeding on the division’s own initiative;

    (b)  establish one or more programs for the education of consumers with respect to residential mortgage loans;

    (c) 

    (i)  make one or more studies appropriate to effectuate the purposes and policies of this chapter; and

    (ii)  make the results of the studies described in Subsection (2)(c)(i) available to the public;

    (d)  visit and investigate a person licensed under this chapter, regardless of whether the person is located in Utah;

    (e)  employ one or more necessary hearing examiners, investigators, clerks, and other employees and agents; and

    (f)  establish fees under Section 63J-1-504 for:

    (i)  processing an application for licensing or certification; and

    (ii)  any other function required or permitted by this chapter.

    (3)  The division shall make rules for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including:

    (a)  licensure procedures for:

    (i)  a person required by this chapter to obtain a license with the division; and

    (ii)  the establishment of a branch office by an entity;

    (b)  proper handling of money received by a licensee;

    (c)  record-keeping requirements by a licensee, including proper disposal of a record;

    (d)  certification procedures for certifying an education provider; and

    (e)  standards of conduct for a licensee or certified education provider.

    (4)  The division may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, require as a condition of maintaining a license or certification under this chapter that a person comply with a requirement of the nationwide database if:

    (a)  required for uniformity amongst states; and

    (b)  not inconsistent with this chapter.

    (5)  The division shall by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide a process under which an individual may challenge information contained in the nationwide database.

    (6)  The division may enter into a relationship or contract with the nationwide database or another entity designated by the nationwide database to do the following related to a licensee or other person subject to this chapter:

    (a)  collect or maintain a record; and

    (b)  process a transaction fee or other fee.

    (7)  The division shall regularly report the following to the nationwide database:

    (a)  a violation of this chapter;

    (b)  licensing or disciplinary action under this chapter; and

    (c)  other information relevant to this chapter.

    (8)  If a person pays a fee or costs to the division with a negotiable instrument or any other method that is not honored for payment:

    (a)  the transaction for which the payment is submitted is voidable by the division;

    (b)  the division may reverse the transaction if payment of the applicable fee or costs is not received in full; and

    (c)  the person’s license, certification, or registration is automatically suspended:

    (i)  beginning the day on which the payment is due; and

    (ii)  ending the day on which payment is made in full.

    Amended by Chapter 43, 2013 General Session

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