7-16a-204 - Department notification requirements.
7-16a-204. Department notification requirements.
(1) (a) Except as provided in Subsection (3), an operator may not operate, relocate, ordiscontinue operating an automated teller machine unless the operator provides notice to thedepartment in accordance with this section.
(b) An operator may operate, relocate, or discontinue operating an automated tellermachine 30 days from the day the department accepts the notice filed under this section ascomplete.
(c) No later than 30 days before operating, relocating, or discontinuing the operation ofan automated teller machine located in this state, the operator shall notify the department of theintent to operate, relocate, or discontinue the operation of the automated teller machine.
(d) The notice required under Subsection (1)(a) shall state:
(i) if operating or relocating an automated teller machine:
(A) the proposed location of the automated teller machine;
(B) whether the proposed location is permanent or temporary; and
(C) the period the automated teller machine will be at the proposed location, if thelocation is temporary; and
(ii) any information requested on a form prescribed by the department.
(e) The department may not require the operator to pay a fee for filing the notice requiredunder this Subsection (1).
(2) The failure to provide notice to the department as required in Subsection (1) is aviolation against which the commissioner may exercise the general enforcement powers set forthin Section 7-1-320.
(3) This section does not apply to automated teller machines located at the main office orat a branch of a depository institution authorized to transact business in this state.
(4) For purposes of this section, "discontinue" or "discontinuing" means an interruption inthe operation of an automated teller machine of 30 days or more.
Enacted by Chapter 111, 1997 General Session