State Codes and Statutes

Statutes > Utah > Title-13 > Chapter-42 > 13-42-132

13-42-132. Powers of administrator.
(1) The administrator may act on its own initiative or in response to complaints and mayreceive complaints, take action to obtain voluntary compliance with this chapter, refer cases tothe attorney general, and seek or provide remedies as provided in this chapter.
(2) The administrator may investigate and examine, in this state or elsewhere, bysubpoena or otherwise, the activities, books, accounts, and records of a person that provides oroffers to provide debt-management services, or a person to which a provider has delegated itsobligations under an agreement or this chapter, to determine compliance with this chapter. Information that identifies individuals who have agreements with the provider may not bedisclosed to the public. In connection with the investigation, the administrator may:
(a) charge the person the reasonable expenses necessarily incurred to conduct theexamination;
(b) require or permit a person to file a statement under oath as to all the facts andcircumstances of a matter to be investigated; and
(c) seek a court order authorizing seizure from a bank at which the person maintains atrust account required by Section 13-42-122, any or all money, books, records, accounts, andother property of the provider that is in the control of the bank and relates to individuals whoreside in this state.
(3) The administrator may adopt rules to implement the provisions of this chapter inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) The administrator may enter into cooperative arrangements with any other federal orstate agency having authority over providers and may exchange with any of those agenciesinformation about a provider, including information obtained during an examination of theprovider.
(5) The administrator shall establish fees in accordance with Section 63J-1-504 to bepaid by providers for the expense of administering this chapter.
(6) The administrator, by rule, shall adopt dollar amounts instead of those specified inSections 13-42-102, 13-42-105, 13-42-109, 13-42-113, 13-42-123, 13-42-133, and 13-42-135 toreflect inflation, as measured by the United States Bureau of Labor Statistics Consumer PriceIndex for All Urban Consumers or, if that index is not available, another index adopted by ruleby the administrator. The administrator shall adopt a base year and adjust the dollar amounts,effective on July 1 of each year, if the change in the index from the base year, as of December 31of the preceding year, is at least 10%. The dollar amount shall be rounded to the nearest $100,except that the amounts in Section 13-42-123 shall be rounded to the nearest dollar.
(7) The administrator shall notify registered providers of any change in dollar amountsmade pursuant to Subsection (6) and make that information available to the public.

Amended by Chapter 378, 2010 General Session