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Utah Code
Title 61
Securities Division - Real Estate Division
Chapter 2c
Utah Residential Mortgage Practices and Licensing Act
Section 103
Powers and duties of the division.
     61-2c-103.   Powers and duties of the division.
     (1) The division shall administer this chapter.
     (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 shall annually:
     (a) review the requirements related to the nationwide database imposed by federal licensing requirements or the nationwide database on:
     (i) the division;
     (ii) a licensee under this chapter;
     (iii) a certified education provider; or
     (iv) an approved examination provider; and
     (b) after the review required by Subsection (6)(a):
     (i) report to the Business and Labor Interim Committee the impact of the requirements on

the implementation by the division of this chapter; and
     (ii) recommend legislation, if any, to the Business and Labor Interim Committee related to how the division should coordinate with the nationwide database.
     (7) 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.
     (8) The division shall regularly report the following to the nationwide database:
     (a) a violation of this chapter;
     (b) disciplinary action under this chapter; and
     (c) other information relevant to this chapter.
     (9) 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 289, 2011 General Session
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