Administrative Rule Review Report  #AR07-027

Legislative Service Office

02-May-07

AGENCY: Department of Audit, Division of Banking.

DATE SUBMITTED: May 9, 2007.

SUBJECT: Chapters 2, Licensing and Chapter 4, General Conduct, Collection Agency Board.

NATURE OF RULES:                   Legislative and Procedural

STATUTORY AUTHORITY:        W.S. 33-11-106 and 16-3-102(a)(i)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  The rules increase the number of collection agencies that a person may be qualified as a resident manager for from five to ten.  (See page 2-2, Section 5(a) of the rules.)  In Chapter Four the rules delete the portions of the Fair Debt Collection Practices Act that were set out in the rules and instead adopt by incorporation the Fair Debt Collection Practices Act as amended on October 13, 2006 as if it were fully set forth in the rules.  (See pages 4-2 to 4-10 of the draft rules; page 4-2, section 6 of the final rules.)

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Joshua Anderson

Research Associate

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David K. Gruver

Assistant Director

JDA/