This rule provides additional standards for filing with a county recorder's office and should make it easier for non-small businesses to correctly format a document presented to a county recorder's office.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
The Board does not anticipate any fiscal impact to other persons beyond those identified in the fiscal note which can be found at https://le.utah.gov/~2023/bills/static/HB0351.html.
This rule provides additional standards for filing with a county recorder's office and should make it easier for other persons to correctly format a document presented to a county recorder's office.
F. Compliance costs for affected persons:
The Board does not anticipate any fiscal impact to affected persons beyond those identified in the fiscal note which can be found at https://le.utah.gov/~2023/bills/static/HB0351.html.
This rule provides additional standards for filing with a county recorder's office and should make it easier for other persons to correctly format a document presented to a county recorder's office.
G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)
Regulatory Impact Summary Table
H. Department head comments on fiscal impact and approval of regulatory impact analysis:
The Chair of the County Recorder Standards Board, Rashelle Hobbs, has reviewed and approved this regulatory impact analysis.
Citation Information
7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Public Notice Information
9. The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
B. A public hearing (optional) will be held (The public may request a hearing by submitting a written request to the agency, as outlined in Section 63G-3-302 and Rule R15-1.):
Place (physical address or URL):
Anchor Meeting Location:
Heber M. Wells Building
Room 402
160 E 300 S
Salt Lake City, UT
Google Meet joining info:
Video call link: https://meet.google.com/opj-dawb-ses
Or dial: (US) +1 442-321-0682
PIN: 227 164 972#
More phone numbers: https://tel.meet/opj-dawb-ses?pin=3882387956232
10. This rule change MAY become effective on:
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Agency Authorization Information
Agency head or
designee and title:
Rashelle Hobbs, Board Chair
R255. County Recorder Standards, Administration. R255-30. County Recorder Standards Rule. R255-30-101. Purpose and Authority. (1) This rule is known as the "County Recorder Standards Rule." (2) This rule is adopted by the County Recorder Standards Board under the authority of Subsection 63C-30-202(1)(a). (3) This rule is made pursuant to Section 63C-30-202, which gives authority to the County Recorder Standards Board to establish statewide standards for county recorders. R255-30-102. Definitions. Terms used in this rule are defined in Title 17, Chapter 71, County Recorder; Title 46, Chapter 1, Notaries Public Reform Act; Title 57, Chapter 1, Conveyances; and Title 63C, Chapter 30, County Recorder Standards Board. In addition: (1) "A.k.a" is an abbreviation that means also known as. (2) "Account number" as used in Subsection R255-30-102(29)(b) means a tracking number that may be used by an LRMS to identify a property but is not a TIN. (3) "Affidavit of correction" as used in Section R255-30-501 means a signed document containing a sworn statement recorded to correct an error or inaccurate information in a prior document of record. (4) "Blended notary method" as used in Section R255-30-308 means a notarized document that has both a wet signature and an electronic signature. (5) "Clerical error" as used in Subsections (19), R255-30-310(5), and R255-30-501(1) means a mistake made in a document that changes its meaning including a typographical error or the unintentional addition or omission of a word, phrase, number, or symbol. (6) "Completed Date" as used in Subsection R255-30-311(2) means the date posted in the county recorder's office used to show when all the information from the document has been entered and all the work on the document has been finished in the LRMS. (7) "Entity" means an association, company, or a similar organization that has legal rights and responsibilities including conveying or accepting conveyance of property. (8) "F.k.a." as used in Subsections R255-30-303(3), R255-30-401(2)(b)(ii), R255-30-402(3)(b)(i)(B), and R255-30-403(2)(b)(ii) is an abbreviation that means formerly known as. (9) "Grantee" means an individual or entity to whom real estate is conveyed. (10) "Grantor" means an individual or entity who conveys or transfers real estate. (11) "Grantee line" means the portion of the document that contains the name of each grantee. (12) "Grantor line" means the portion of the document that contains the name of each grantor. (13) "Indexing Date" as used in Subsection R255-30-311(1) means the date posted in the county recorder's office used to show when the indexed information from the documents have been entered. (14) "Instrument" is a type of document as defined in Subsections 17-71-601(2) and 57-1-1(2). (15) "Jurat" is a notarial act that is defined in Subsection 46-1-2(12). (16) "Language clarifying" as used in Sections R255-30-401, R255-30-402, and R255-30-403 means a word or phrase added to eliminate confusion, ambiguity, and to ensure that the intended meaning is understood. (17) "LRMS" means the county's land records management system database. (18) "Minor error" as used in Subsections (30)(c), R255-30-401(3)(a), R255-30-402(2)(a), and R255-30-501(3) means an error that may be corrected under Subsections 57-3-106(9) and (10). (19)(a) "Omission" as used in Subsections (5), (30)(c), and R255-30-501(7)(a)(i) means a clerical error where a single word, letter, or number is missing in a document where the single word, letter, or number is obviously needed. (b) "Omission" does not include the following: (i) adding or removing a grantor or grantee name; (ii) adding an additional description; (iii) changing a description by adding a less and excepting parcel description; or (iv) a missing parcel description in the original deed. (20)(a) "Parcel division" as used in Subsection R255-30-307(1) means a parcel that is divided into two or more parcels. (b) "Parcel division" may also be called a parcel split.