Utah Admin. Code R154-3-3 - Means to Deliver DAO Records; Time of Filing; Signatures

(1) DAO records may be tendered for filing at the division as follows:

(a) Personal delivery by remitter at the division's street address;

(b) Courier delivery by a person other than the remitter at the division's street address;

(c) Postal delivery to the division's mailing address;

(d) Electronic mail and telefacsimile delivery to the division's email address or the division's fax filing telephone number; and

(e) Electronic filing using the division's Shopping Cart utility.

(2) The file time for DAO records is as follows:

(a) Subject to Subsection R154-3-3(2)(b), the file time for a DAO record delivered by personal delivery by remitter at the division's street address is when delivery of the DAO record is taken by the division, even though the DAO record may not yet have been accepted for filing and subsequently may be rejected and this rule applies only to a remitter who tenders a DAO record to the division and awaits an immediate determination of whether or not the DAO record will be taken or not.

(b) The file time for a DAO record delivered by courier delivery by a person other than a remitter at the division's street address is, notwithstanding the time of delivery, at the earlier of the time the DAO record is first examined by the division for processing, even though the DAO record may not yet have been accepted for filing and may be subsequently rejected, or the next close of business following the time of delivery. This rule does not apply to a courier who is acting as an agent of the remitter and who tenders a DAO record to the division and awaits an immediate determination of whether or not the DAO record will be taken or not under Subsection (1)(a). A DAO record delivered after regular business hours or on a day the division is not open for business, if not examined for processing sooner, will have a filing time of the close of business on the next day the division is open for business.

(c) The file time for a DAO record delivered by postal service delivery to the division's mailing address is notwithstanding the time of delivery, at the earlier of the time the DAO record is first examined by the division for processing or the next close of business following the time of delivery, even though the DAO record may not yet have been accepted for filing and may be subsequently rejected. A DAO record delivered after regular business hours or on a day the filing office is not open for business, if not examined for processing sooner, will have a filing time of the close of business on the next day the filing office is open for business.

(d) The file time for a DAO record delivered by Shopping Cart and electronic mail and telefacsimile delivery to the division's email address or the division's fax filing telephone number is, notwithstanding the time of delivery, at the earlier of the time the DAO record is first examined by a filing office for processing, even though the DAO record may not yet have been accepted for filing and may be subsequently rejected, or the next close of business following the time of delivery. A DAO record delivered after regular business hours or on a day the division is not open for business, if not examined for processing sooner, will have a filing time of the close of business on the next day the division is open for business.

(3) Regardless of the method of delivery, information submitted to the division must be communicated only in the form of characters that appear on the American standard keyboard, or the information will be modified, upon entry into the division's information management system, as provided in Section R154-3-5.

(4) A DAO record may be signed by photographic or electronic means. A DAO record signed in an electronic medium shall be signed by electronic signature in accordance with Title 46, Chapter 4, Uniform Electronic Transactions Act.

Notes

Utah Admin. Code R154-3-3

Adopted by Utah State Bulletin Number 2024-01, effective 1/1/2024