Utah § 7-1-706 - Application to commissioner to exercise power -- Procedure -- Notice.
Full text of Utah Utah Code § 7-1-706 — Application to commissioner to exercise power -- Procedure -- Notice., with citation guidance and answers to common questions.
§ 7-1-706. Application to commissioner to exercise power -- Procedure -- Notice.
Effective 5/3/2023 7-1-706.
Application to commissioner to exercise power -- Procedure -- Notice.
(1)
Except as provided in Sections 7-1-704 and 7-1-705, by filing a request for agency action with the commissioner, any person may request the commissioner to:
(a)
issue any rule or order;
(b)
exercise any powers granted to the commissioner under this title; or
(c)
act on any matter that is subject to the approval of the commissioner.
(2)
Within 10 days of receipt of the request, the commissioner shall, at the applicant's expense, cause a supervisor to make a careful investigation of the facts relevant or material to the request.
(3)
(a)
The supervisor shall submit written findings and recommendations to the commissioner.
(b)
The application, any additional information furnished by the applicant, and the findings and recommendations of the supervisor may be inspected by any person at the office of the commissioner, except those portions of the application or report that the commissioner designates as confidential to prevent a clearly unwarranted invasion of privacy.
(4)
(a)
If a hearing is held concerning the request, the commissioner shall publish notice of the hearing, at the applicant's expense, for the county where the applicant is located, as a class A notice under Section 63G-30-102, for three weeks before the date of the hearing.
(b)
The notice required by Subsection (4)(a) shall include the information required by the department's rules.
(c)
The commissioner shall act upon the request within 30 days after the close of the hearing, based on the record before the commissioner.
(5)
(a)
If no hearing is held, the commissioner shall approve or disapprove the request within 90 days of receipt of the request based on:
(i)
the application;
(ii)
additional information filed with the commissioner; and
(iii)
the findings and recommendations of the supervisor.
(b)
The commissioner shall act on the request by issuing findings of fact, conclusions, and an order, and shall mail a copy of each to:
(i)
the applicant;
(ii)
all persons who have filed protests to the granting of the application; and
(iii)
other persons that the commissioner considers should receive copies.
(6)
The commissioner may impose any conditions or limitations on the approval or disapproval of a request that the commissioner considers proper to:
(a)
protect the interest of creditors, depositors, and other customers of an institution;
Section 7-1-706 ("Application to commissioner to exercise power -- Procedure -- Notice.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 7-1-706?
A common citation format is "Utah Code § 7-1-706" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 7-1-706 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
