Utah Admin. Code R21 — Housing Corporation

R460 Administration

R460-1 Authority and Purpose

Utah Admin. Code R460-1-1 Authority

The rules under R460 are promulgated under authority granted to the Utah Housing Corporation under Sections 63H-8- 301 and 63H-8-302.

History

• KEY: housing finance
• Date of Last Change: 1990
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302

Utah Admin. Code R460-1-2 Purpose

The rules under R460 govern the activities of the Utah Housing Corporation and the public with whom it deals, to carry into effect its powers and purposes and the conduct of its operations.

History

• KEY: housing finance
• Date of Last Change: 1990
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302

R460-2 Definitions of Terms Used Throughout R460

Utah Admin. Code R460-2-1 Terms Which are Defined in Section 63H-8-103

(1) Bonds;

(2) Corporation;

(3) Financial assistance;

(4) Housing sponsor;

(5) Low and moderate income persons;

(6) Mortgage lender;

(7) Mortgage loan;

(8) Mortgage;

(9) Residential housing;

(10) State.

History

• KEY: housing finance
• Date of Last Change: March 9, 2016
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301

Utah Admin. Code R460-2-2 Additional Defined Terms

(1) "Act" means the Utah Housing Corporation Act, set forth in Section 63H-8-1 et. seq.

(2) "ADA coordinator" means UHC's president or his designee who has responsibility for investigating and providing prompt and equitable resolution of complaints filed by qualified individuals with disabilities.

(3) "Code" means the Internal Revenue Code of 1986, as amended, and the regulations of the United States Treasury Department promulgated thereunder.

(4) "Complainant" means a person who has a disability and who alleges in a complaint filed with UHC according to this rule, that an act of discrimination occurred by UHC, and satisfies one or more of the following:

(a) who meets the essential eligibility requirement for the receipt of services or the participation in programs or activities provided by UHC;

(b) who would otherwise be an eligible applicant for vacant UHC employment positions;

(c) who is an employee of UHC.

(5) "Disability" means with respect to an individual with a disability, a physical or mental impairment that substantially limits one or more of the major life activities of such an individual; a record of such an impairment; or being regarded as having such an impairment.

(6) "Federal" means of, pertaining to, or designating the government of the United States of America.

(7) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, sleeping, standing, sitting, reaching, lifting, bending, reading, concentrating, thinking, communicating, interacting with others, and working. A major life activity also includes the operation of a major bodily function, such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(8) "Multifamily" means a residential housing project consisting of five or more rental dwelling units located on a single or multiple tract(s) of land.

(9) "Participant" means a person, natural or otherwise, who is involved in or has a critical influence on or substantive control over a transaction which involves a UHC program, including but not limited to any of the following:

(a) appraisers and inspectors;

(b) real estate agents and brokers;

(c) management and marketing agents;

(d) attorneys;

(e) title insurance companies;

(f) escrow and closing agents;

(g) loan officers or other agents of lenders;

(h) project owners;

(i) developers, builders and contractors involved in the construction or rehabilitation of properties financed by UHC, or receiving UHC funds, or allocations of Federal or State resources directly or indirectly;

(j) individuals who are applicants for or borrowers under UHC mortgage loans, or members of their families;

(k) employees or agents of any of the above.

(10) "Single-Family" means residential housing consisting of one dwelling unit occupied by the fee simple owner of the dwelling unit.

(11) "UHC" means Utah Housing Corporation.

History

• KEY: housing finance
• Date of Last Change: March 9, 2016
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301

R460-3 Programs of UHC

Utah Admin. Code R460-3-1 Single-Family Program

(1) Definitions. In addition to the definitions found in Sections 63H-8-103 and 63H-8-501, the following terms are defined for this rule:

(a) "Mortgage Lender" shall mean a mortgage lender that UHC has determined to be an eligible mortgage lender in accordance with this rule.

(b) "Mortgage Loan" shall mean a loan secured by a deed of trust or mortgage on a single-family residence or single real estate interest dwelling with one or two units that UHC has determined to be an eligible mortgage loan in accordance with this rule.

(2) Eligible mortgage lender.

(a) To be eligible to participate in the single-family program, a mortgage lender must have as one of its principal purposes the origination of mortgage loans in its usual and regular course of business.

(b) UHC may establish criteria that mortgage lenders must meet relating to approved mortgagee status by the Federal Housing Administration, Rural Housing Service or Department of Veterans Affairs, the financial condition of the mortgage lender, the number of mortgage loan originations during a period specified by UHC, the length of time a mortgage loan origination office has been maintained in the state, seller/servicer approval by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, and other criteria as UHC deems necessary to maintain a safe and sound program and to establish that mortgage loans are a part of a mortgage lender's usual and regular business activities and that the mortgage lender possesses the capability to make and to have adequate financial resources to fund mortgage loans.

(c) UHC may require that mortgage lenders, from time to time, furnish to UHC evidence as UHC may request to confirm a mortgage lender's eligibility to participate in the single-family program.

(d) A mortgage lender shall employ and maintain qualified personnel to carry out the obligations arising under contracts with UHC.

(e) All transactions between a mortgage lender and UHC shall be subject to the relevant single-family program contract documents which may include the following: participation agreement, selling supplement, mortgage credit certificate program guide, mortgage purchase agreement (MPA), MPA request, mortgage credit certificate request and reservation (MCC request), Assistance Program policies and procedures, Assistance Program funding request and reservation, notice of availability of funds, and other documents deemed necessary by UHC (Program Documents).

(3) Mortgage purchase agreement request; mortgage purchase agreement; Assistance Program request and reservation; mortgage credit certificate request and reservation.

(a) UHC may distribute to mortgage lenders via any electronic, digital, or written means, any interest rate or program changes affecting the single-family program.

(b) Mortgage lenders may submit one or more mortgage purchase agreement requests, Assistance Program requests, or MCC requests to UHC via electronic, digital or written means as specified by UHC, in which an amount of funds is requested for a specific mortgage loan, Assistance Program loan, or MCC that the mortgage lender is processing.

(c) UHC may require that each mortgage purchase agreement request, Assistance Program request, or MCC request submitted by a mortgage lender be accompanied by an application or other fee in an amount specified by UHC in its Program Documents. The fee shall not be refunded or accrue interest payable by UHC, unless otherwise specified by UHC in the Program Documents.

(d) Upon receipt of a mortgage purchase agreement request, an Assistance Program request, or MCC request, UHC may deliver to the mortgage lender 1) a mortgage purchase agreement confirming UHC's commitment to purchase the specified mortgage loan; 2) an Assistance Program reservation confirming UHC's commitment to fund an Assistance Program amount in conjunction with its purchase of a mortgage loan; or 3) an MCC reservation confirming UHC's commitment to issue an MCC for the requested amount. The mortgage purchase agreement, Assistance Program reservation, or MCC reservation shall be cancelled automatically if the mortgage lender fails to deliver to UHC all documentation requested or required with respect to the mortgage loan, Assistance Program funds, or MCC on or before the date specified in the Program Documents.

(4) Single-family mortgage loans.

(a) From time to time, UHC may develop individualized mortgage programs for single-family or single real estate interest dwellings with one or two units designed to meet the needs of certain populations. In such cases, UHC shall establish maximum fees that may be charged or collected, final mortgage delivery date, interest rate, and loan term. Fee requirements shall be uniformly applied to all mortgage lenders, without preference of one mortgage lender over another.

(b) All mortgage loans shall be made to finance single-family residential housing or single real estate interest dwellings with one or two units located in the state which conform to the requirements of the single-family mortgage program or any other requirements specified in the Program Documents.

(c) UHC may provide priority allocations to make mortgage financing available to persons qualified for any of UHC's single-family programs or in targeted, rural, inner city or other areas experiencing difficulty securing mortgage loans to make housing available to persons of low and moderate income.

(d) Each mortgage loan purchased by UHC shall conform to the credit underwriting, property valuation, hazard insurance, title insurance, mortgage insurance, security and collateralization, income limits, acquisition cost limits, purchase price limits, and all other requirements of the Program Documents. Closings or deliveries must occur on or before the date established in Program Documents. UHC shall have the right to decline to finance any mortgage loan if, in the reasonable opinion of UHC, the mortgage loan does not meet all requirements of the Program Documents.

(5) First-time Homebuyer Assistance Program (Assistance Program)

(a) UHC will make Assistance Program funds available in conjunction with a mortgage loan and UHC down payment (DPA) second mortgage loan, if applicable, to purchase a to-be-constructed or newly constructed but never inhabited single- family residential unit within the state. Assistance Program funds will be provided at closing if funds are properly reserved as specified in the Program Documents. Disbursed Assistance Program funds will be evidenced by a promissory note and secured by a deed of trust which shall be recorded subordinate only to a UHC mortgage loan and a UHC DPA second mortgage loan.

(b) A mortgage lender may apply for an Assistance Program reservation with UHC. The recipients identified in the Assistance Program reservation request must be credit-qualified by the mortgage lender for a UHC mortgage loan before requesting a reservation. It is not required that the residential unit to be purchased with the mortgage loan is specifically identified in the reservation request. Once UHC has verified the reservation request complies with the Program Documents, UHC shall issue to the mortgage lender a reservation for Assistance Program funds that is effective for 90 days from the date of issuance. If the specific residential unit to be purchased is not identified in this time period, the reservation will be automatically canceled. Extension requests beyond the initial 90-day reservation period will be allowed if a specific residential unit to be purchased is identified by the mortgage lender and the mortgage lender complies with status update and documentation requirements established in the Program Documents. Additional 120-day extension requests may be approved by UHC. The number of Assistance Program reservation requests for a specific recipient may be limited and the request for transfer of an Assistance Program reservation to another lender may also be either limited or denied as established in the Program Documents.

(c) Assistance Program funds will be reserved and funded on a first-come, first-served basis.

(d) Assistance Program funds may be used in conjunction with a UHC mortgage loan and a UHC DPA second mortgage loan but not with any other grant program administered by UHC unless otherwise specified in the Program Documents.

(d) Assistance Program funds are generally repayable. The Assistance Program funds are considered a loan that is interest free with no payments required until the residential unit is sold or the mortgage loan is refinanced. The Assistance Program amount to be repaid is the lesser of 1) the total amount of Assistance Program funds disbursed at closing or 2) one-half of the home equity amount. Generally, the home equity amount is computed as the difference between the sales price for which the residential unit is sold or, in the case of a refinance, the current appraised value, and the payoff amount of the mortgage loan used to finance the unit plus the UHC DPA second mortgage loan, if any, but not including Assistance Program funds. Additional details are established in the Program Documents.

(e) A recipient of Assistance Program funds must have lived in the state continually for at least the last 12 months before the closing date of the mortgage loan.

(f) A construction loan or similar financing, with a term of 24 months or less, used to construct a new home, including a manufactured or modular home assembled and placed on a permanent foundation, may be paid off using a mortgage loan, Assistance Program funds, and a UHC DPA second mortgage, if needed. The residential unit may not be occupied before the closing of the mortgage loan.

(6) Income limits of borrowers.

Income limits for low and moderate income persons eligible as borrowers for UHC financing are based on area or state median income as determined and published by the U.S. Department of Housing and Urban Development (HUD). UHC's president may establish income limits of UHC's single-family programs and the Assistance Program, and such limits shall not exceed 140% of area or state median income as determined and published by HUD. UHC shall post income limits on its website, incorporate the limits as terms of the Program Documents, and shall make information concerning the limits available to all interested persons. Income limits may vary based on several factors including loan program, household size, county, targeted area, source and availability of funds, and risk to UHC.

(7) Acquisition cost limits.

When loan funding sources have federal regulations that require the establishment of acquisition cost limits, UHC's president may establish acquisition cost limits in accordance with the requirements detailed in Section 143 of the Internal Revenue Code.

When loan funding sources have no federal regulations requiring acquisition cost limits, UHC may or may not establish acquisition cost limits. UHC's president will establish any acquisition cost limits based on Average Area Purchase Prices as published by the Internal Revenue Service (IRS). The acquisition cost of residential housing is the cost of acquiring a completed residential unit and include all amounts paid in cash or in kind for all structures, fixtures, improvements, and land. UHC shall post any acquisition cost limits on its website, incorporate the limits as terms of the Program Documents, and shall make information concerning the limits available to all interested persons. Acquisition cost limits will be the lower of the single-family program limits, if any, under which a mortgage purchase agreement is issued or the Assistance Program if Assistance Program funds are used.

(8) Mortgage Credit Certificates (MCC).

(a) From time to time, UHC may make available amounts to issue mortgage credit certificates to qualified applicants in conjunction with a mortgage loan obtained to purchase residential housing within the state.

(b) All MCCs issued by UHC shall only be done when an eligible mortgage loan shall be made to finance single- family residential housing in the state which conforms to the requirements of the single-family mortgage program or any other requirements specified in the Program Documents.

(c) UHC may provide priority allocations to make mortgage credit certificates available to persons qualified for any of UHC's single-family loan programs or in targeted, rural, inner city or other areas experiencing difficulty securing mortgage loans to make housing available to persons of low and moderate income. Furthermore, UHC may provide an allocation of MCCs to a particular development subject to certain conditions.

(d) Each MCC request reserved and issued by UHC shall conform to all requirements of the Program Documents. UHC shall have the right to decline to issue an MCC if, in the reasonable opinion of UHC, the MCC request does not meet all requirements of the Program Documents.

(9) Assumption of single-family mortgage loans.

(a) UHC shall establish and may amend conditions and requirements for the assumption of mortgage loans. The conditions and requirements for the assumption of mortgage loans may vary between the different series of bonds and mortgage insurers or guarantors under which the various mortgage loans have been purchased.

(b) Conditions and requirements for the assumption of mortgage loans may include the following: acquisition cost limits for the residential housing; income limits for the assuming purchaser; the establishment of a limit, expressed as a percentage of the assuming purchaser's income, of the purchaser's monthly housing expenses; a requirement that the purchaser not own any other properties financed under any other UHC program; and any other requirements and qualifications deemed necessary or advisable by UHC. Purchasers, who assume mortgage loans, shall generally be required to satisfy the same requirements that applied to the original borrower.

(c) UHC may impose limits on the maximum amount of assumption fees that may be charged in connection with the assumption of mortgage loans.

(d) UHC may require the continuing liability of the original borrowers in connection with the assumption of mortgage loans.

(e) The required documentation for the assumption of mortgage loans may include documents deemed necessary by UHC, applicable to the particular program.

(10) Limitation of frequency or number of loan applications or Assistance Program reservation requests.

UHC may establish limitations on the frequency with which a mortgage lender, on behalf of a particular mortgage applicant or co-applicant, may request a mortgage purchase agreement or otherwise apply for a reservation of a mortgage loan or Assistance Program funds if UHC deems a limitation to be necessary to ensure the efficient and equitable allocation of funds.

History

• KEY: housing finance condominium construction affordable
• Date of Last Change: May 20, 2026
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302; 63H-8-303

Utah Admin. Code R460-3-2 Multifamily Mortgage Programs

(1) No Standard Program.

(a) UHC does not have a standard financing program for bond financed multifamily rental housing. It is the developer's responsibility to engage professionals to assist in obtaining adequate bond credit enhancement and in structuring a sale or placement of the bonds. UHC, as issuer, reserves the right to approve or disapprove the terms of any proposed project or the bond financing enhancement or structure.

(b) The sole source of repayment of the bonds, including all interest and any premiums, for a multifamily rental housing project shall be the revenue sources related to the project financed by the bonds. Neither the bonds nor any interest or premium shall constitute a general indebtedness of UHC.

(c) One or more national rating services must rate publicly offered bonds issued by UHC. A minimum rating as determined by UHC is required, unless specifically waived for good cause. A type of credit enhancement backing the bonds must be in place to increase the probability that the bond holders will be repaid even if the project and its underlying mortgage loan defaults. UHC reserves the right to approve all forms of credit enhancement for the bonds. With certain restrictions, UHC may permit bonds privately placed with institutional investors to be unrated.

(d) Publicly offered bonds issued by UHC shall be sold to underwriters with the financial backing and capability to generate cash at closing equal to the amount of the bonds, regardless of whether the bonds have been resold to investors. UHC may appoint underwriters requested by the developer; however, UHC reserves the right to approve any underwriter, and may appoint co-underwriters, as it deems appropriate.

(2) Legal Opinions.

(a) UHC appoints bond counsel to provide any opinion with respect to the tax exemption of the interest on the bonds.

(b) Any other opinions regarding UHC that may be required by other parties to a bond transaction will be provided by counsel appointed by UHC but paid for by the developer.

(3) Income limits of qualifying tenants.

UHC shall establish and may amend maximum income limits for low and moderate income persons eligible as qualifying tenants of multifamily developments. UHC's president may establish income limits of UHC's multifamily programs and such limits shall not exceed 140% of area or state median income as determined and published by HUD. UHC shall make information concerning the limits available to interested persons including potential renters and developers and shall incorporate the limits into appropriate documents. Income limits may vary based on several factors including loan program, household size, county, targeted area, source and availability of funds, and risk to UHC.

(4) Eligible developers and owners.

(a) To be eligible to participate in the multifamily financings, the mortgagor or owner may be an individual, a limited liability company, a partnership or a corporation having the legal capacity and authority to borrow money for the purposes of constructing, owning and operating a multifamily development.

(b) UHC may establish criteria relating to the credit worthiness and the financial, construction and operating capacity of the developer or owner as UHC deems necessary to maintain a secure program and to provide decent, safe and sanitary rental housing. Alternatively, in situations where UHC will be issuing bonds the proceeds of which will be loaned to the developer or owner, UHC may rely on the due diligence of the underwriters or purchasers of the bonds or the issuer of the credit enhancement for the bonds in making the determination that the developer or owner possesses sufficient creditworthiness and sufficient financial, construction and operating capacity.

(5) Fees and Expenses.

The developer shall be responsible for all fees and expenses incurred in connection with the issuance of any bonds. UHC may charge a developer a fee for issuing the bonds or for performing any services required by UHC.

History

• KEY: housing finance condominium construction affordable
• Date of Last Change: May 20, 2026
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302; 63H-8-303

Utah Admin. Code R460-3-3 Home Improvement Loan Programs (Reserved)

Reserved.

History

• KEY: housing finance condominium construction affordable
• Date of Last Change: May 20, 2026
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302; 63H-8-303

Utah Admin. Code R460-3-4 Low-Income Housing Tax Credit Program

(1) Application procedures.

(a) UHC shall prepare a low-income housing tax credit allocation plan that provides the administration procedures, allocation procedures, and compliance monitoring procedures that UHC will follow in administering the low-income housing tax credit program for the state. The allocation plan may be amended by UHC as is necessary to comply with amendments to Internal Revenue Code (Code) Section 42 of the Code or as deemed necessary by UHC to maintain a sound program. UHC shall prepare an application form that shall be used to request an allocation of both federal and state low-income housing tax credits for a proposed residential housing development. The allocation plan and application form shall be made available electronically via UHC's website or upon request.

(b) UHC may establish and collect fees payable by low-income housing tax credit applicants to cover administrative and legal expenses of UHC incurred in processing and reviewing applications, allocating tax credits, monitoring compliance with the provisions of Section 42 of the Code, and other program requirements.

(2) Reservation of credits.

(a) UHC shall score and rank all applications according to the procedures set forth in the allocation plan. A reservation of low-income housing tax credits allocated to an applicant shall be in an amount determined by UHC and shall be based upon the facts, circumstances, and representations made by the applicant in the application.

(b) UHC may condition a reservation of low-income housing tax credits to an applicant upon any restrictions and conditions UHC believes are consistent with the purpose and intent of the program, and those which will ensure the completion of the residential housing development.

(c) No reservation of low-income housing tax credits may be transferred by an applicant unless the specific written approval of UHC is obtained before the proposed transfer. Any transfer shall be made in writing, with copies of all written documents provided to UHC.

(d) Applicants shall provide UHC with any information that may be requested by UHC in performing its duties and responsibilities required under the low-income housing tax credit program and the allocation plan.

(3) Allocation.

(a) UHC shall enter into an agreement for the carry-over allocation of low-income housing tax credits, or make a final allocation of low-income housing tax credits, to applicants who have received a reservation of low-income housing tax credits upon satisfaction to UHC of all the conditions to the reservation of the low-income housing tax credits and satisfaction of all other requirements under Section 42 of the Code and the allocation plan.

(b) UHC may disclose the application materials, or any allocating documents, to the Rural Housing Service, Department of Housing and Urban Development or other state or federal agency as is necessary to comply with state or federal law requiring the review of financial subsidies to low-income housing developments.

(c) As a condition to making any allocation of low-income housing tax credits, UHC may require an applicant to make a deposit, or provide other guarantees of performance, in an amount and manner as determined by UHC to ensure the completion of the residential housing development. Circumstances under which deposits or performance guarantees will be returned or forfeited, in whole or in part, shall be made known to applicants in the allocation plan before the collection of the deposit or performance guarantee.

(d) UHC may reserve or allocate low-income housing tax credits in amounts that are less than amounts requested by housing credit applicants. UHC may also forward-reserve credits from the following calendar year to complete the reservation of credits for an applicant that scored well enough to receive a partial reservation of the current year credits.

(4) Compliance monitoring.

(a) UHC shall prepare a compliance monitoring plan which satisfies the requirements of Section 42 of the Code.

(b) Recipients of low-income housing tax credits shall provide to UHC documentation, certifications and other evidences of compliance with the provisions of Section 42 of the Code as required in the compliance monitoring plan or other guidance issued by the IRS.

(c) UHC may establish and collect fees payable by recipients of low-income housing tax credits to cover administrative and legal expenses of UHC incurred in on-site or office-based physical and file compliance reviews, associated documentation review and data input, internal and external reporting of compliance results, maintenance and updating of IT systems which support the program, or other requirements required under Section 42 of the Code.

(d) If an applicant for low-income housing tax credits is considered not in good standing, as detailed in the allocation plan, UHC may disallow any application in which that individual or entity is participating in any way. UHC may bar individuals or entities considered not in good standing from submitting low-income housing tax credit applications for a period not to exceed five continuous tax-credit cycles which time will be calculated from the date of notification to the affected individuals or entities of the determination of not in good standing status.

History

• KEY: housing finance condominium construction affordable
• Date of Last Change: May 20, 2026
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302; 63H-8-303

Utah Admin. Code R460-3-5 Housing Development Program

(1) Financial assistance to housing sponsors.

UHC may provide financial assistance to a housing sponsor for financing the construction, development, rehabilitation, purchase or operations of residential housing.

(a) UHC shall determine that the project proposed by the housing sponsor increases or maintains the supply of affordable, well-planned, well-designed, permanent, temporary transitional or emergency housing for low and moderate income persons.

(b) The housing sponsor shall agree to provide a specified number of units of residential housing for persons whose income does not exceed the maximum income limits established by UHC. UHC's president may establish income limits of UHC's housing development programs and such limits shall not exceed 140% of area or state median income as determined and published by HUD.

UHC shall incorporate the income limits in associated Program Documents and shall make information concerning the limits available to all interested persons. Income limits may vary based on several factors including program, household size, county, targeted area, source and availability of funds, and risk to UHC. UHC may require that the income limits for a project be lower than the maximum income limits.

(c) The amount of the financial assistance shall not exceed the amount required to achieve financial feasibility in providing affordable housing for the intended occupants of the residential housing development.

(d) In determining the amount of financial assistance, UHC shall determine that the costs, including developer fees and reserves, incurred by the housing sponsor with respect to a residential housing development, are not excessively greater than similar housing developments.

(e) The housing sponsor shall agree to the controls and procedures required by UHC to ensure that the financial assistance is used only for the approved purposes.

(f) The housing sponsor shall agree to the continued availability and affordability of the residential housing to low and moderate income persons, pursuant to an enforceable covenant running with the land which is prepared by UHC and recorded with the real estate records of the county in which the residential housing is located.

(g) UHC shall determine that the housing sponsor has the necessary competence, experience and financial capability to complete or operate the residential housing development through an internal review of a sponsor's previous projects or through interviews of individuals involved with the sponsor in previous projects.

(h) UHC shall require security for any loan in a form and amount as UHC determines is reasonably necessary to secure repayment. The security shall include a lien on the project property and may also include an irrevocable letter of credit, personal guarantees, security interests in unrelated real or personal property of the developer, assignments of contract rights and interests related to proposed development of the project, or power of attorney to replace manager, general partner or other principals of the developer. The lien on the project property may be subordinate to other financing of the project. Loans to non-profit or governmental entities are not required to be secured by personal guarantees.

(i) If UHC makes a loan that is funded by or subject to any federal or state program, the terms of the loan shall be consistent with the requirements of the applicable program, notwithstanding any inconsistency with this rule.

(j) In this rule, the "amount of financial assistance" means the principal amount of the loan together with the benefit of loan terms that are not typically available in the market, such as low, or no, interest rate, a long maturity date or a deferred, or no, amortization period.

(2) Financial assistance to low and moderate income persons.

UHC may provide financial assistance to low and moderate income persons for construction, rehabilitation, purchase, or financing of residential housing.

(a) UHC shall determine that, to make homeownership feasible for certain low and moderate income persons, financial assistance is necessary to reduce the cost of constructing, rehabilitating, purchasing or financing the residential housing.

(b) UHC may establish and amend maximum income limits for low and moderate income persons eligible to receive the financial assistance. The limits shall not exceed 140% of area or state median income as determined and published by HUD. UHC shall incorporate the income limits in associated Program Documents and shall make information concerning the limits available to all interested persons. Income limits may vary based on several factors including loan program, household size, county, targeted area, source and availability of funds, and risk to UHC. UHC may require that the income limits for a project be lower than the maximum income limits.

(c) The financial assistance will be provided only to assist with the construction, rehabilitation, purchase, or financing of residential housing which does not exceed the maximum acquisition cost and appraised value limits established by UHC. The acquisition cost of residential housing is the cost of acquiring a completed residential housing unit and shall include all amounts paid in such or in kind for all structures, fixtures, and land. UHC shall establish and may amend the limits in open public meetings of UHC for which UHC shall have given public notice as required by state law.

(d) UHC may condition the financial assistance provided to the homebuyer upon its repayment, with or without interest, to UHC.

(3) UHC may agree to provide any financial assistance pursuant to such additional conditions, terms and restrictions to ensure that the financial assistance is used as specified by UHC.

(4) UHC may establish application procedures and forms of applications and may collect fees payable by housing sponsors or low and moderate income persons to cover administrative and legal expenses of UHC incurred in processing and reviewing applications.

(5) UHC may provide financial assistance only if sufficient funds exist for that purpose and the financial assistance can be provided without jeopardizing the financial self-sufficiency of UHC.

(6) UHC may provide financial assistance to any subsidiary of UHC for any of the purposes set forth in this rule provided the applicable conditions for such financial assistance are satisfied.

(7) For financial assistance provided under a program established by the Trustees of UHC, the general terms of the financial assistance shall be consistent with the requirements of the program and the specific terms shall be determined by the president or another officer designated by the president. For all other financial assistance, the general terms shall be determined by the Trustees and the specific terms shall be determined by the president consistent with the terms determined by the Trustees.

History

• KEY: housing finance condominium construction affordable
• Date of Last Change: May 20, 2026
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302; 63H-8-303

Utah Admin. Code R460-3-6 State Low-Income Housing Tax Credit Program

(1) Application procedures.

(a) UHC shall incorporate in the low-income housing tax credit allocation plan prepared by UHC pursuant to Section R460-3-4 criteria and allocation procedures that UHC will follow in administering state low-income housing tax credits.

(b) UHC shall designate the form of application which shall be used to request an allocation of state low-income housing tax credits.

(2) Reservation of credits.

(a) UHC shall evaluate all applications according to the procedures set forth in the allocation plan, however, the applications will not be scored and ranked for purposes of reserving state low-income housing tax credits. A reservation of state low-income housing tax credits allocated to an applicant shall be in an amount determined by UHC and shall be based upon the facts, circumstances, and representations contained in the application. UHC may reserve state low-income housing tax credits to projects either in conjunction with the reservation of federal low-income housing tax credits or at a later date to a project not yet placed-in-service that previously received a reservation of federal low-income housing tax credits.

(b) UHC may condition a reservation of state low-income housing tax credits to an applicant upon any restrictions and conditions UHC believes are consistent with the purpose and intent of the program, and those which will ensure the completion of the residential housing development.

(c) No reservation of state low-income housing tax credits may be transferred by an applicant unless the specific written approval of UHC is obtained before the proposed transfer. Any transfer shall be made in writing, with copies of all written documents provided to UHC.

(d) Applicants shall provide UHC with any information that may be requested by UHC in performing its duties and responsibilities required under the low-income housing tax credit program and the allocation plan.

(3) Allocation.

(a) UHC shall enter into an agreement for the carry-over allocation of state low-income housing tax credits, or make a final allocation of state low-income housing tax credits, to applicants who have received a reservation of state low-income housing tax credits upon satisfaction to UHC of all conditions to the reservation of the state and federal low-income housing tax credits.

(b) As a condition to making any allocation of state low-income housing tax credits, UHC may require an applicant to make a deposit, or provide other guarantees of performance, in an amount and manner as determined by UHC to ensure the completion of the residential housing development. Circumstances under which deposits or performance guarantees will be returned or forfeited, in whole or in part, shall be made known to applicants before the collection of the deposit or performance guarantee.

(c) UHC may reserve or allocate state low-income housing tax credits in amounts that are less than amounts requested by applicants.

History

• KEY: housing finance condominium construction affordable
• Date of Last Change: May 20, 2026
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302; 63H-8-303

Utah Admin. Code R460-3-7 Condominium Construction Loan Program

(1) Application procedures.

(a) UHC shall provide applicants with the condominium construction loan program guidelines (Guidelines).

(b) The Guidelines shall state the program policies, application procedures, scoring terms, any applicable fees, and any other information UHC deems necessary for the program. The Guidelines may be amended by UHC as needed.

(c) The Guidelines and application form shall be available electronically via UHC's website.

(d) UHC may establish and collect fees payable by applicants to cover the administrative and legal expenses of the program in accordance with the Guidelines.

(e) UHC shall score and rank all applications according to the Guidelines.

(2) Loan commitment agreement.

(a) Applicants whose application receive final approval will receive a commitment letter from UHC.

(b) The loan commitment may unilaterally be canceled by UHC as detailed in the Guidelines.

(c) No loan commitment may be transferred by an applicant unless they receive prior written approval by UHC.

(d) UHC is subject to the Government Records Access and Management Act and may disclose the application materials, or any other related documents, to the state or other requestors as required.

(3) Loan closing.

(a) Following the issuance of a commitment letter, applicant and UHC shall collaborate to effectuate a closing of the loan in a timely manner in accordance with the Guidelines. Applicant may engage in negotiations with UHC and its legal counsel for changes to the loan documents but is responsible for all legal costs incurred from any negotiation or requested document change.

(b) UHC shall require security for a program loan in a form and amount as UHC determines is reasonably necessary to secure repayment as outlined in the Guidelines.

(c) A land use restriction agreement shall be recorded superior to all other liens in connection with a loan under this program.

(d) The land use restriction agreement shall require every unit in the project to remain owner-occupied for at least 5 years from the date of each unit's first sale.

(4) Construction administration.

(a) UHC shall administer the construction draw process in accordance with the Guidelines.

(b) Any significant changes that may impact the value, scope, costs, or schedule of an approved project that results in a change order must be approved in advance by UHC.

(c) UHC will use independent inspectors to confirm work has been completed satisfactorily before any payments.

(d) Draw requests may be made for deposits in ordering materials and equipment for the project.

History

• KEY: housing finance condominium construction affordable
• Date of Last Change: May 20, 2026
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302; 63H-8-303

R460-4 Additional Servicing Rules (Reserved)

Utah Admin. Code R460-4-1 Reserved

Reserved.

History

• KEY: housing finance
• Date of Last Change: November 27, 2012
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302

R460-5 Termination of Eligibility to Participate in Programs

Utah Admin. Code R460-5-1 Mortgage Lenders

UHC may terminate the eligibility of a mortgage lender to participate in UHC's programs if UHC finds that a mortgage lender:

(1) has failed to comply with the provisions of the Act or the rules, guidelines, policies or procedures adopted thereunder;

(2) has failed to perform any one or more of its obligations arising under any contractual agreement with UHC;

(3) has commenced a voluntary case under any chapter of the Federal Bankruptcy Code, or has consented to, or has failed to controvert in a timely manner, the commencement of an involuntary case against the mortgage lender under such code, or has initiated or suffered any proceeding of insolvency under any other federal or state receivership law, or made any common law assignment for the benefit of creditors or written admission of its inability to pay debts generally as they become due;

(4) has failed to comply with any state or federal regulatory requirement relating to the mortgage lender's financial condition or operating performance;

(5) has suffered the appointment, by decree or order of a court, agency or supervisory authority having jurisdiction in the premises, of a conservator, receiver or liquidator in any insolvency, readjustment of debt, marshalling of assets and liabilities or similar proceeding affecting the mortgage lender or substantially all of its properties, or for the termination or liquidation of its affairs;

(6) has consented to the appointment of a conservator, receiver or liquidator in any insolvency, readjustment of debt, marshalling of assets and liabilities or similar proceeding affecting the mortgage lender or substantially all of its properties.

History

• KEY: housing finance
• Date of Last Change: November 27, 2012
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302

Utah Admin. Code R460-5-2 Servicers (Reserved)

Reserved.

History

• KEY: housing finance
• Date of Last Change: November 27, 2012
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302

Utah Admin. Code R460-5-3 Other Participants

(1) UHC may terminate the eligibility of a participant to participate in UHC's programs if UHC finds that a participant:

(a) has made or procured to be made any false statement for the purpose of influencing in any way an action of UHC or any other participant;

(b) has falsely advertised, made misleading or false offers, or otherwise attempted to induce persons to participate in UHC programs when program requirements cannot be met or have not been represented accurately;

(c) has represented, either orally or in writing or advertising, that UHC mortgage loans are available at a specified interest rate when such participant either knew or reasonably should have known that UHC mortgage loans are not available at such rate;

(d) has provided funds, whether by gift or by loan, to unqualified borrowers to enable such borrowers to obtain a mortgage loan or other benefits of a UHC program;

(e) has violated a law, regulation or procedure relating to an application for a mortgage loan or other benefits of a UHC program or relating to the performance of obligations incurred pursuant to a grant of financial assistance or pursuant to a conditional or final commitment to insure or guarantee;

(f) has been debarred or suspended or issued a limited denial of participation from a federal housing program;

(g) has been convicted of or held liable in a civil judgment for any of the following:

(i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction;

(ii) forgery, falsification or destruction of records, making false statements, making false claims, or obstruction of justice;

(iii) commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a person;

(h) has been determined to be "not in good standing" as detailed in the current-year Qualified Allocation Plan utilized by UHC and its development partners for the housing credit and multifamily bond programs.

(2) For purposes of determining the scope of a participant's ineligibility to participate in UHC programs, conduct may be imputed as follows:

(a) The fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, employee, partner, joint venturer or other individual associated with a participant may be imputed to the participant when the conduct occurred in connection with the individual's performance of duties for or on behalf of the participant, or with the participant's knowledge, approval, or acquiescence. The participant's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.

(b) The fraudulent, criminal, or other seriously improper conduct of a participant may be imputed to any officer, director, shareholder, employee, partner, joint venturer or other individual associated with the participant who participated in, knew of, or had reason to know of the participant's conduct.

(3) The eligibility of an affiliate or organizational element of a participant may be terminated solely on the basis of its affiliation, and regardless of its knowledge of or participation in the acts providing cause for the action. The burden of proving that a particular affiliate or organizational element is currently responsible and not controlled by the primary sanctioned party, or by an entity that itself is controlled by the primary sanctioned party, is on the affiliate or organizational element.

(4) Ineligibility shall be for a period commensurate with the seriousness of the cause. Ineligibility generally should not exceed three years. Where circumstances warrant, a longer period of ineligibility may be imposed. If a suspension precedes a determination of ineligibility, the length of the suspension period shall be considered in determining the length of the ineligibility period.

(5) The president or other designated officer of UHC may suspend a participant for any of the causes set forth in R460-5-1 or R460-5-3(1) which shall immediately exclude a participant from participating in transactions involving UHC programs for a temporary period not to exceed 12 months.

(a) Suspension is a serious action to be imposed only when there exists adequate evidence of one or more of the causes set out in R460-5-1 or R460-5-3(1) and immediate action is necessary to protect the public interest.

(b) In assessing the adequacy of the evidence, the president of UHC shall consider how much information is available, the credibility of the evidence given the circumstances, whether or not important allegations are corroborated, and what inferences can reasonably be drawn as a result of all available evidence.

(c) All suspensions shall be for a temporary period pending the completion of an investigation and such legal or ineligibility proceedings as may ensue but in any event shall be for no longer than 12 months.

(d) Suspension shall be made effective by advising the participant, and any specifically named affiliates, electronically via email or facsimile and by certified mail, return receipt requested, of each of the following:

(i) suspension is being imposed;

(ii) the cause relied upon under R460-5-1 or R460-5-3(1) for imposing suspension;

(iii) the suspension is for a temporary period pending the completion of an investigation and such legal or ineligibility proceedings as may ensue; and

(iv) the right to request within 30 days, in writing, a hearing, either oral or on the basis of any written submissions by the respondent.

(e) Within 30 days of receipt of a notice of suspension, a suspended participant, including any affiliate, desiring a hearing shall file a written request for a hearing with UHC. If a hearing is requested, it shall be held in accordance with R460-6- 3.3.

(6) UHC shall compile andmaintain a list of all persons or entities whose eligibility to participate in UHC's programs has been terminated or suspended. The list shall include the following items:

(a) the names and addresses of all ineligible and suspended persons or entities;

(b) the type of action;

(c) the cause for the action;

(d) the scope of the action;

(e) any termination date for each listing;

(f) the name and telephone number of UHC point of contact for the action.

(7) Before resorting to adjudicative proceedings under R460-6, UHC may issue a cease and desist order, advising a participant of present actions by the participant that violate this rule, and ordering the participant to cease and desist such actions, subject to further sanctions.

(8) UHC may also refer a case involving a participant to the Utah Department of Commerce, or any other state or federal agency, for further action.

(9) UHC may settle a case at any time.

(10) UHC and a participant may agree to a voluntary exclusion of a participant from a specific program or project.

History

• KEY: housing finance
• Date of Last Change: November 27, 2012
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301; 63H-8-302

R460-6 Adjudicative Proceedings

Utah Admin. Code R460-6-1 Nature of Proceeding

(1) An adjudicative proceeding conducted by UHC, shall generally be conducted as an informal adjudicative proceeding, as provided for in Section 63G-4-203; however at the election of the president of UHC, the proceeding may be conducted as a formal adjudicative proceeding, as provided for in Sections 63G-4-204 through 63G-4-209. The president of UHC will appoint the presiding officer of an adjudicative proceeding who may be the chair, vice chair, acting chair or president of UHC pursuant to Section 63H-8-201 and 63H-8-203.

(2) All requests for formal or informal adjudication proceedings shall be made in writing and signed by the person invoking the jurisdiction of UHC (the "affected party"), or by that person's representative, shall only be addressed to the president, shall be delivered to the offices of UHC, and shall include:

(a) the names and addresses of all persons to whom a copy of the request for UHC action is being sent;

(b) UHC's file number or other reference number, if known;

(c) the date that the request for UHC action was mailed;

(d) a statement of the legal authority and jurisdiction under which UHC action is requested;

(e) a statement of the relief or action sought from UHC; and

(f) a statement of the facts and reasons forming the basis for relief or UHC action.

(3) If the affected party knows of other persons who have a direct interest in the UHC action requested, then the affected party shall mail a copy of his or her request to each such person.

(4) The presiding officer may conduct a single adjudicative proceeding for similar requests for UHC action.

(5) The presiding officer may restrict the submission of additional pleadings and amendment of pleadings after a response has been made by UHC to a request for UHC action.

History

• KEY: housing finance
• Date of Last Change: July 10, 2014
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4

Utah Admin. Code R460-6-2 Notice of Adjudicative Proceeding

Whether an adjudicative proceeding is commenced by UHC or requested by an affected party, UHC shall file and serve notice of the adjudicative proceeding upon the affected parties, which notice shall be in writing, shall be mailed postage paid by first-class mail, shall designate the presiding officer, shall be signed by the president of UHC, shall include a statement of whether the adjudicative proceeding is to be conducted informally or formally and otherwise shall be prepared in accordance with the requirements of Section 63G-4-201. For informal adjudication, such notice shall be sent not less than 20 calendar days prior to the proceeding. For formal adjudication, such notice shall be sent not less than 60 calendar days prior to the proceeding (subject to any extensions pursuant to R460-6-4) and shall comply with the requirements set forth in R460-6-4(1) and R460-6- 4(2), as applicable.

History

• KEY: housing finance
• Date of Last Change: July 10, 2014
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4

Utah Admin. Code R460-6-3 Procedures for Informal Adjudicative Proceeding

(1) No answer or pleading responsive to the notice of adjudicative proceeding need be filed by the affected party.

(2) No hearing shall be held unless the affected party requests a hearing in writing or the presiding officer elects to hold a hearing. The written request for a hearing must be received by UHC no more than 10 calendar days after the service of the notice of adjudicative proceeding.

(3) If a hearing is requested by the affected party, the presiding officer shall elect whether to conduct a hearing given the nature of the dispute. If the presiding officer does elect to conduct a hearing, it will be held no sooner than 10 calendar days after notice of the hearing is mailed to the affected party. The affected party shall be permitted to testify, present evidence, and comment on UHC's proposed action. Prior to the hearing, the affected party may have access to information contained in UHC's files and to materials and information gathered by UHC in its investigation relevant to the adjudicative proceeding, but discovery is prohibited. Access to such information, files and materials is subject to any disclosure exemption afforded under UHC's Governmental Records Access and Management Act (GRAMA) rules. The presiding officer may issue subpoenas or other orders to compel production of necessary evidence.

(4) Intervention is prohibited.

History

• KEY: housing finance
• Date of Last Change: July 10, 2014
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4

Utah Admin. Code R460-6-4 Procedures for Formal Adjudicative Proceeding

(1) If UHC denies an affected party's request for a formal adjudicative proceeding, UHC shall send notice to the affected party of the denial stating the proceeding will not be a formal adjudicative proceeding, and stating whether the request for a formal proceeding is denied or whether the proceeding will be held as an informal proceeding, and stating that the affected party may request a hearing before UHC to challenge the denial.

(2) If UHC's proceeding is to be conducted as a formal proceeding, UHC shall send notice to all known interested parties stating that a written response must be filed with UHC by the affected party within 30 calendar days of when the notice was mailed.

(3) The presiding officer may elect to hold a pre-hearing conference with all affected parties or their representatives to review the issues of the dispute and the procedure to be followed.

(4) A hearing shall be held no more than 60 calendar days after the service of the notice of formal adjudicative proceeding. However, in unusual circumstances, the presiding officer may elect to extend the date of the hearing for good cause.

(5) The affected parties shall be permitted to testify, present evidence, and comment on UHC's proposed action. In addition to access to the information available in connection with an informal adjudicative proceeding pursuant to R460-6-3(3), the presiding officer may permit additional discovery as is reasonable given the nature of the dispute. The presiding officer may issue subpoenas or other orders to compel production of necessary evidence.

(6) Intervention determinations will be made by and subject to conditions established by the presiding officer.

(7) UHC shall record the audio of all formal adjudicative proceedings. Any party, at its sole expense, can have such audio recordings transcribed.

History

• KEY: housing finance
• Date of Last Change: July 10, 2014
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4

Utah Admin. Code R460-6-5 Decision of UHC

(1) Within 30 calendar days after any hearing requested by an affected party, or after the party's failure to request a hearing within the time prescribed under R460-6-3, UHC shall issue a signed order in writing stating UHC's decision and such other information as is required by Section 63G-4-203. An order of default may be issued by UHC if circumstances described in Section 63G-4-209(1) shall occur.

(2) Requests for reconsideration of determinations made by the presiding officer in an adjudicative proceeding shall be submitted in the same manner as a request for UHC action as specified in R460-6-1(2), and must be submitted within 20 calendar days of UHC's issuance of a determination or signed order.

(3) Requests for reconsiderations of determinations will be evaluated by the presiding officer who may be the chair, vice chair, acting chair or president of UHC pursuant to Section 63H-8-201 and 63H-8-203. The presiding officer will issue an order granting or denying such request within 20 calendar days of its receipt by the presiding officer. If the presiding officer does not issue an order within such 20 calendar day period, the request shall be considered to be denied.

(4) No separate hearings will be conducted, and no oral arguments will be heard in connection with a request for reconsideration, unless requested by the presiding officer.

History

• KEY: housing finance
• Date of Last Change: July 10, 2014
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4

R460-7 Public Petitions For Declaratory Orders

Utah Admin. Code R460-7-1 Purpose

(1) As required by Section 63G-4-503, this rule provides the procedures for submission, form, content, filing, review, and disposition of petitions for agency declaratory orders regarding the applicability of statutes, rules, and orders governing or issued by UHC.

(2) The procedures governing agency declaratory orders shall be applied in the following order:

(a) the applicable procedures of Section 63G-4-503;

(b) the procedures specified in this R460-7;

(c) the Utah Rules of Civil Procedure;

(d) the applicable procedures of other governing state and federal law.

History

• KEY: housing finance
• Date of Last Change: 1990
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R460-7-2 Definitions

Terms used in this rule are defined in Section 63G-4-103, and in addition:

(1) "Applicability" means a determination if a statute, rule or order should be applied, and if so, how the law stated should be applied to the facts.

(2) "Declaratory order" means an administrative interpretation or explanation of rights, status, and other legal relations under a statute, rule or order.

(3) "Order" is defined in Section 63G-3-102.

History

• KEY: housing finance
• Date of Last Change: 1990
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R460-7-3 Petition Form Content and Filing

(1) The petition shall be addressed and delivered to the president of UHC, who shall mark the petition with the date of receipt.

(2) The petition shall:

(a) be clearly designated as a request for a UHC declaratory order;

(b) identify the specific statute, rule or order which is in question or to be reviewed;

(c) describe the reason or need for the applicability review, addressing, in particular, why the review should not be considered frivolous;

(d) include an address and telephone number where the petitioner can be contacted during regular work days;

(e) declare whether the petitioner has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months;

(f) be signed by the petitioner.

(3) Any letter that expressly states the intent to request an agency declaratory ruling and substantially complies with the information required in this subsection shall be treated as fulfilling the requirements of this subsection even though a technical deficiency may exist in the letter.

History

• KEY: housing finance
• Date of Last Change: 1990
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R460-7-4 Reviewability

(1) UHC shall review and consider the petition and may issue a declaratory order.

(2) UHC shall not review a petition for declaratory order that is:

(a) not within the jurisdiction of UHC;

(b) irrelevant or immaterial;

(c) subject to the restrictions of Section 63G-4-503.

History

• KEY: housing finance
• Date of Last Change: 1990
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R460-7-5 Petition Review and Disposition

(1) In promptly reviewing and considering the petition UHC may:

(a) meet with the petitioner;

(b) consult with counsel;

(c) take any action consistent with law that UHC deems necessary to provide the petition adequate review and due consideration.

(2) After consideration of a petition for a declaratory order, UHC may issue a written order:

(a) declaring the applicability of the statute, rule or order in question to the specified circumstances;

(b) which declines to issue a declaratory order and stating the reasons for its action;

(c) agreeing to issue a declaratory order within a specified time.

(3) A declaratory order shall contain:

(a) the names of all parties to the proceeding on which it is based;

(b) the particular facts on which it is based;

(c) the reasons for its conclusion.

(4) A copy of all orders issued in response to a request for a declaratory order shall be mailed promptly to the petitioner and any other parties.

(5) If UHC sets the matter for an adjudicative proceeding under Section 63G-4-503(6)(a)(ii), the proceeding shall be designated as informal, pursuant to R460-6, and shall follow the appropriate procedures of Section 63G-4.

History

• KEY: housing finance
• Date of Last Change: 1990
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R460-7-6 Administrative Review

A petitioner may seek review or reconsideration of a declaratory order by petitioning UHC under the procedures of Sections 63G-4-301 and 302 or as otherwise provided by law.

History

• KEY: housing finance
• Date of Last Change: 1990
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4-503

Utah Admin. Code R460-7-7 Extension of Time

Unless the petitioner and UHC agree in writing to an extension, if UHC has not issued a declaratory order within 60 days after receipt of the request for a declaratory order, the petition is denied.

History

• KEY: housing finance
• Date of Last Change: 1990
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-4-503

R460-8 Americans with Disabilities Act (ADA) Complaint Procedures

Utah Admin. Code R460-8-1 Authority and Purpose

(1) UHC, pursuant to 28 CFR 35.107 adopts and publishes within this rule, complaint procedures providing for prompt and equitable resolution of complaints filed according to Title II of the Americans With Disabilities Act, as amended.

(2) The provision of 28 CFR 35 implements the provisions of Title II of the Americans With Disabilities Act, as amended, 42 U.S.C. 12201, which provides that no qualified individual with a disability, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by this or any such entity.

History

• KEY: housing finance
• Date of Last Change: November 27, 2012
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301

Utah Admin. Code R460-8-2 Filing of Complaints

(1) Any qualified individual (defined as an individual who meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by UHC; also, an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that individual holds or desires) may file a complaint alleging noncompliance with Title II of the Americans with Disabilities Act, as amended, or the federal regulations promulgated thereunder.

(2) The complaint shall be filed timely to assure prompt, effective assessment and consideration of the facts, but no later than 90 days from the date of the alleged act of discrimination.

(3) The complaint shall be filed with the president of UHC or the president's appointed ADA coordinator in writing or in another accessible format suitable to the complainant.

(4) Each complaint shall include the following:

(a) the complainant's name and mailing address;

(b) the nature and extent of the complainant's disability;

(c) a description of UHC's alleged discriminatory action in sufficient detail to inform UHC of the nature and date of the alleged violation;

(d) a description of the action and accommodation desired; and

(e) a signature of the complainant or by his or her legal representative.

(5) Complaints filed on behalf of classes or third parties shall describe or identify by name, if possible, the alleged victims of discrimination.

History

• KEY: housing finance
• Date of Last Change: November 27, 2012
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301

Utah Admin. Code R460-8-3 Investigation of Complaint

(1) The ADA coordinator shall investigate each complaint received. The investigation shall be conducted to the extent necessary to assure all relevant facts are determined and documented. This may include gathering all information listed in R460-8-2(4) if it is not made available by the complainant.

(2) When conducting the investigation, the ADA coordinator may seek assistance from UHC's legal counsel and human resource staff in determining what action, if any, shall be taken on the complaint. The coordinator will consult with the president before making any decision that would involve any of the following:

(a) an expenditure of funds;

(b) facility modifications; or

(c) modification of an employment classification.

History

• KEY: housing finance
• Date of Last Change: November 27, 2012
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301

Utah Admin. Code R460-8-4 Issuance of Decision

(1) Within 30 days after receiving the complaint, the ADA coordinator shall issue a decision outlining in writing or in another suitable format stating what action, if any, shall be taken on the complaint.

(2) If the ADA coordinator is unable to reach a decision within the 30 day period, he shall notify the complainant in writing or by another suitable format why the decision is being delayed and what additional time is needed to reach a decision.

History

• KEY: housing finance
• Date of Last Change: November 27, 2012
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301

Utah Admin. Code R460-8-5 Appeals

(1) The complainant may appeal the decision of the ADA coordinator by filing an appeal within five working days from the receipt of the decision.

(2) The appeal shall be filed in writing with the president or a designee other than the ADA coordinator.

(3) The filing of an appeal shall be considered as authorization by the complainant to allow review of all information, including information classified as private or controlled, by the president or designee.

(4) The appeal shall describe in sufficient detail why the ADA coordinator's decision is in error, is incomplete or ambiguous, is not supported by the evidence, or is otherwise improper.

(5) The president or designee shall review the factual findings of the investigation and the complainant's statement regarding the inappropriateness of the ADA coordinator's decision and arrive at an independent conclusion and recommendation. Additional investigations may be conducted if necessary to clarify questions of fact before arriving at an independent conclusion. The president may consult with legal counsel and/or the human resource department before making any decision that would involve any of the following:

(a) an expenditure of funds;

(b) facility modifications; or

(c) modification of an employment classification.

(6) The decision shall be issued within 45 days after receiving the appeal and shall be in writing or in another suitable format to the individual.

(7) If the president or his designee is unable to reach a decision within the 30 day period, he shall notify the complainant in writing or by another suitable format why the decision is being delayed and the additional time needed to reach a decision.

History

• KEY: housing finance
• Date of Last Change: November 27, 2012
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301

Utah Admin. Code R460-8-6 Classification of Records

The record of each complaint and appeal, and all written records produced or received as part of such actions, shall be classified as protected as defined under Section 63G-2-305 until the ADA coordinator, president or their designees issue the decision at which time any portions of the record that may pertain to the individual's medical condition shall remain classified as private as defined under Section 63G-2-302 or controlled as defined in Section 63G-2-304. All other information gathered as part of the complaint record shall be classified as private information. Only the written decision of the ADA coordinator, president or their designees shall be classified as public information.

History

• KEY: housing finance
• Date of Last Change: November 27, 2012
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301

Utah Admin. Code R460-8-7 Relationship to Other Laws

This rule does not prohibit or limit the use of remedies available to individuals under the Utah Antidiscrimination Act (see Utah Code 34A-5); the Federal ADA Complaint Procedures (28 CFR 35 Subpart F); or any other Utah or federal law that provides equal or greater protection for the rights of individuals with disabilities.

History

• KEY: housing finance
• Date of Last Change: November 27, 2012
• Notice of Continuation: September 14, 2022
• Authorizing, and Implemented or Interpreted Law: 63H-8-301