Section 402 – Termination without time to cure.
Effective 5/5/2021 13-58-402. Termination without time to cure. A manufacturer or distributor may terminate an agreement with a motorboat dealer upon written notice and without a cure period described in Section 13-58-302, if: (1) the motorboat dealer: (a) financially defaults to the manufacturer, the distributor, or a financing source; (b) becomes subject to an order […]
Section 401 – Rulemaking.
Effective 5/12/2020 13-57-401. Rulemaking. The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (1) establish an application process for a business entity to register with the division as a maintenance funding provider, in accordance with Section 13-57-201; (2) establish a filing process for a maintenance funding provider […]
Section 402 – Public education regarding legal funding — Reporting to Legislature.
Effective 5/12/2020 13-57-402. Public education regarding legal funding — Reporting to Legislature. (1) The director shall help educate the general public regarding legal funding in the state by: (a) analyzing and summarizing data maintenance funding providers submit under Section 13-57-203; and (b) publishing the analysis and summary described in Subsection (1)(a) on the division’s web […]
Section 501 – Enforceability.
Effective 5/12/2020 13-57-501. Enforceability. If a maintenance funding provider violates a provision of this chapter, a maintenance funding agreement associated with the violation is unenforceable by the maintenance funding provider or any successor-in-interest to the maintenance funding agreement. Enacted by Chapter 118, 2020 General Session
Section 502 – Penalties — Enforcement.
Effective 5/12/2020 13-57-502. Penalties — Enforcement. (1) After notice and an opportunity for an administrative hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division may, in addition to exercising the division’s enforcement powers under Section 13-2-6, enforce the provisions of this chapter by: (a) revoking or suspending a maintenance funding provider’s […]
Section 201 – Agreement requirement — Terms of agreements.
Effective 5/5/2021 13-58-201. Agreement requirement — Terms of agreements. (1) A person may not act as a motorboat dealer in this state without entering into an agreement. (2) An agreement shall include: (a) each working capital standard, inventory standard, facility standard, equipment standard, and tool standard, if any, including each agreed upon minimum product stocking […]
Section 301 – Motorboat dealer default.
Effective 5/5/2021 13-58-301. Motorboat dealer default. A motorboat dealer defaults on an agreement if the motorboat dealer: (1) materially fails to: (a) meet minimum product stocking requirements as specified under the agreement; (b) make timely payment of a material obligation as specified under the agreement; or (c) meet an applicable standard, as specified by the […]
Section 302 – Cure of default.
Effective 5/4/2022 13-58-302. Cure of default. (1) If a motorboat dealer defaults as described in Section 13-58-301, the manufacturer or distributor who is part of the agreement shall: (a) give the dealer written notice of the dealer’s default; and (b) allow the dealer to cure the default within the period described in Subsection (2). (2) […]
Section 301 – Enforcement powers — Penalty.
Effective 1/1/2020 13-56-301. Enforcement powers — Penalty. (1) The division may enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection. (2) A person who violates a provision of this chapter is subject to a fine of up to $250 per violation. Enacted by Chapter 423, 2019 General Session Technically […]
Section 302 – Reporting.
Effective 1/1/2020 13-56-302. Reporting. (1) As used in this section, “reporting period” means: (a) for a report submitted under this section in compliance with a July 15 deadline, January 1 through June 30 of the calendar year in which the report is submitted; or (b) for a report submitted under this section in compliance with […]