Section R152-1-1 - Buyer Beware List(1) Authority and purpose. (a) This rule is promulgated pursuant to : (i) the Division's general authority as set forth in Utah Code Section 13-2-5; and (ii) specific authority granted to the Division in: (A) Utah Code Section 13-11-8(2); and (B) Utah Code Section 13-15-3(1).(b) The purposes of this rule are to: (i) protect consumers from individuals and businesses who have engaged in and committed deceptive acts or practices, or have engaged in and committed unconscionable acts or practices; (ii) supply consumers with pertinent information about the nature of deceptive acts or practices committed or engaged in by certain persons against whom the Division has taken action; and (iii) encourage the development of fair consumer sales practices and wise decision making by consumers. (2) Placement on the Buyer Beware List. (a) The following circumstances warrant a person's being placed on the Buyer Beware List: (i) failure or refusal to respond to an administrative subpoena of the Division; (ii) after notification and opportunity to respond, failure or refusal to respond to a consumer complaint on file with the Division establishing a reasonable basis from which the Division may assert jurisdiction; (iii) failure to comply with an order issued by the Division, including a default order; or (iv) breach of a settlement agreement, stipulation, assurance of voluntary compliance, or similar instrument entered into with the Division. (b) Failure or refusal to respond is evidenced: (i) where certified mail, properly addressed, is returned to the Division as unclaimed or refused ; (ii) where the person who is responsible to respond: (A) allows a compliance deadline, as set forth in a statute, rule, or in a properly served order, citation, or notice, to pass without taking action or communicating with the Division; or (B) indicates to the Division that the person does not intend to comply; or (iii) in any circumstances comparable to those set forth in this subsection (2)(b)(i)-(ii). (3) Removal from Buyer Beware List. A person whose name is included in the Buyer Beware List may qualify to have the listing removed by:
(a)(i) demonstrating that the person has had no complaints filed against the person with the Division for a period of 90 consecutive days after being placed on the list; and (ii) complying with all aspects of the order entered against the person by the Division, including full payment of any administrative fines assessed; (b) providing a sufficient response to an outstanding Division subpoena;(c) providing a satisfactory response to outstanding Division inquiries; or (d) entering into a stipulated settlement with the Division that: (i) resolves all allegations raised by the Division in its action; and (ii) supersedes any previous order issued by the Division in the action. Utah Admin. Code R152-1-1
Amended by Utah State Bulletin Number 2015-13, effective 6/8/2015