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