Agriculture and Food, Administration

Rule R51-4

ADA Complaint Procedure

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34492
Filed: 03/03/2011 03:34:07 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 63G-3-201 authorizes the rule. The statute allows the following in regard to this rule: "(2) In addition to other rulemaking required by law, each agency shall make rules when agency action: (a) authorizes, requires, or prohibits an action; (b) provides or prohibits a material benefit; (c) applies to a class of persons or another agency...."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule creates a formal process to follow in case the Department of Agriculture and Food receives a complaint in relation to an ADA issues involving the Department. The rule defines persons and acts involved in an ADA action, formalizes the complaint filing, complaint investigation, complaint decision issuance, and decision appeal process. The rule also identifies its relationship to other remedies available to individuals under state and federal law. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Stephen Ogilvie at the above address, by phone at 801-538-7110, by FAX at 801-538-7126, or by Internet E-mail at [email protected]

Authorized by:

Leonard Blackham, Commissioner

Effective:

03/03/2011