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Vol. 2010, No. 11 (06/01/2010) PDF - Administrative Rules - Utah.gov

Vol. 2010, No. 11 (06/01/2010) PDF - Administrative Rules - Utah.gov

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FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION DAR File <strong>No</strong>. 33620<br />

NOTICE OF REVIEW AND STATEMENT OF<br />

CONTINUATION<br />

CONCISE EXPLANATION OF THE PARTICULAR<br />

STATUTORY PROVISIONS UNDER WHICH THE RULE IS<br />

ENACTED AND HOW THESE PROVISIONS AUTHORIZE<br />

OR REQUIRE THE RULE: The definition of an investment<br />

adviser under Section 51-7-3 requires that any adviser<br />

wishing to become certified to do business with <strong>Utah</strong> public<br />

treasurers meet criteria of Council Rule. Section 51-7-<strong>11</strong>.5<br />

requires certified investment advisers to meet requirements of<br />

Council Rule. In addition, Subsection 51-7-18(2) gives the<br />

Money Management Council the authority to make rules<br />

<strong>gov</strong>erning certified investment advisers and provide standings<br />

and requirements for the regulation and qualification of<br />

certified investment advisers.<br />

SUMMARY OF WRITTEN COMMENTS RECEIVED DURING<br />

AND SINCE THE LAST FIVE YEAR REVIEW OF THE RULE<br />

FROM INTERESTED PERSONS SUPPORTING OR<br />

OPPOSING THE RULE: <strong>No</strong> written comments have been<br />

received.<br />

REASONED JUSTIFICATION FOR THE CONTINUATION OF<br />

THE RULE, INCLUDING REASONS WHY THE AGENCY<br />

DISAGREES WITH COMMENTS IN OPPOSITION TO THE<br />

RULE, IF ANY: This rule has been in place for five years and<br />

has provided the Council with the ability to watch over<br />

certified investment advisers to make sure that the advisers<br />

are investing public funds in accordance with the Money<br />

Management Act, Title 51, Chapter 7. The rule needs to be<br />

continued to provide requirements for certification, which<br />

include insurance coverage, minimum accounting standards,<br />

forum and methods for dispute resolution, and requiring the<br />

investment adviser to be familiar with the Act and <strong>Rules</strong> of the<br />

Council, as there are several public treasurers utilizing<br />

Certified investment advisers at this time.<br />

THE FULL TEXT OF THIS RULE MAY BE INSPECTED,<br />

DURING REGULAR BUSINESS HOURS, AT:<br />

MONEY MANAGEMENT COUNCIL<br />

ADMINISTRATION<br />

ROOM 180 UTAH STATE CAPITOL COMPLEX<br />

350 N STATE ST<br />

STE 180<br />

SALT LAKE CITY, UT 84<strong>11</strong>4<br />

or at the Division of <strong>Administrative</strong> <strong>Rules</strong>.<br />

DIRECT QUESTIONS REGARDING THIS RULE TO:<br />

♦ Ann Pedroza by phone at 8<strong>01</strong>-538-1883, by FAX at<br />

8<strong>01</strong>-538-1465, or by Internet E-mail at apedroza@utah.<strong>gov</strong><br />

AUTHORIZED BY: William Wallace , Chair<br />

EFFECTIVE: 05/05/<strong>2<strong>01</strong>0</strong><br />

33636<br />

Public Safety, Criminal Investigations<br />

and Technical Services, Criminal<br />

Identification<br />

R722-310<br />

Regulation of Bail Bond Recovery and<br />

Enforcement Agents<br />

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT<br />

OF CONTINUATION<br />

DAR FILE NO.: 33636<br />

FILED: 05/12/<strong>2<strong>01</strong>0</strong><br />

NOTICE OF REVIEW AND STATEMENT OF<br />

CONTINUATION<br />

CONCISE EXPLANATION OF THE PARTICULAR<br />

STATUTORY PROVISIONS UNDER WHICH THE RULE IS<br />

ENACTED AND HOW THESE PROVISIONS AUTHORIZE<br />

OR REQUIRE THE RULE: Subsection 53-<strong>11</strong>-103(5) requires<br />

the Commissioner of Public Safety to make rules and<br />

establish procedures for issuing licenses to and regulation of<br />

Bail Bond Recovery and Enforcement Agents.<br />

SUMMARY OF WRITTEN COMMENTS RECEIVED DURING<br />

AND SINCE THE LAST FIVE YEAR REVIEW OF THE RULE<br />

FROM INTERESTED PERSONS SUPPORTING OR<br />

OPPOSING THE RULE: <strong>No</strong> written comments have been<br />

received.<br />

REASONED JUSTIFICATION FOR THE CONTINUATION OF<br />

THE RULE, INCLUDING REASONS WHY THE AGENCY<br />

DISAGREES WITH COMMENTS IN OPPOSITION TO THE<br />

RULE, IF ANY: This rule is needed to establish procedures<br />

for determining applicant eligibility to receive a license for Bail<br />

Bond Recovery and Enforcement Agents. Therefore, this rule<br />

should be continued.<br />

THE FULL TEXT OF THIS RULE MAY BE INSPECTED,<br />

DURING REGULAR BUSINESS HOURS, AT:<br />

PUBLIC SAFETY<br />

CRIMINAL INVESTIGATIONS AND TECHNICAL<br />

SERVICES, CRIMINAL IDENTIFICATION<br />

3888 W 5400 S<br />

TAYLORSVILLE, UT 84<strong>11</strong>8<br />

or at the Division of <strong>Administrative</strong> <strong>Rules</strong>.<br />

DIRECT QUESTIONS REGARDING THIS RULE TO:<br />

♦ Alice Erickson by phone at 8<strong>01</strong>-965-4939, by FAX at<br />

8<strong>01</strong>-965-4944, or by Internet E-mail at aerickso@utah.<strong>gov</strong><br />

AUTHORIZED BY: Alice Erickson , Bureau Chief<br />

EFFECTIVE: 05/12/<strong>2<strong>01</strong>0</strong><br />

130 UTAH STATE BULLETIN, June <strong>01</strong>, <strong>2<strong>01</strong>0</strong>, <strong>Vol</strong>. <strong>2<strong>01</strong>0</strong>, <strong>No</strong>. <strong>11</strong>

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