Utah Admin. Code R990-300-11 - Noncompliance Fees
(1) The daily fee
required by Sections
10-9a-408 and
17-27a-408 for a noncompliant
report shall begin to accrue the day after:
(a) the reporting deadline, if the reporting
entity fails to submit a required report; or
(b) the deadline to cure deficiencies
described in a notice of noncompliance, if the reporting entity fails to cure a
deficiency.
(2)
(a) If a reporting entity requests an appeal,
and the appeal board reverses the division's determination of noncompliance,
accrued noncompliance fees will be waived.
(b) If a reporting entity requests an appeal,
and the appeal board affirms the division's determination of noncompliance, the
daily fee will accrue in accordance with Subsection
R990-300-11(1).
(3) Fees will accrue until the reporting
entity submits a timely and compliant moderate income housing report for the
next reporting period.
(a) Fee accrual will
not end earlier than the day before the start of the next reporting
period.
(b) Fee accrual will pause
on the day before the day the division receives the report and remain paused
while the division determines whether the report is compliant.
(i) If the division determines the report is
compliant, fee accrual will end on the day before the day the division received
the compliant report.
(ii) If the
division determines the report is noncompliant, fee accrual will resume from
the day the reporting entity submitted the noncompliant report.
(c) If the reporting entity
requests an appeal of the division's determination under Subsection
R990-300-11(3)(b),
fee accrual will pause on the day before the day the appeal is received and
remain paused while the appeal board considers the appeal.
(i) If the appeal board reverses the
division's determination of noncompliance, fee accrual will end on the day
before the day the division received the compliant report.
(ii) If the appeal board affirms the
division's determination of noncompliance, fee accrual will resume from the day
the reporting entity submitted the appeal.
(4)
(a) The
division will send a notice to a reporting entity subject to daily fees that
the fee balance must be paid to the Olene Walker Housing Loan Fund within 60
days of the date the notice is sent.
(b) A reporting entity that fails to pay an
outstanding fee balance to the Olene Walker Housing Loan Fund will be
noncompliant.
Notes
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