Labor Commission, Adjudication

Rule R602-1

General Provisions

Notice of Proposed Rule

(Amendment)

DAR File No.: 34728
Filed: 04/28/2011 10:08:33 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Under authority granted to the Labor Commission by H.B. 188, enacted by the 2011 General Session of the Utah Legislature, the proposed amendment establishes standards and procedures for electronic delivery of documents in proceedings before the Commission�s Adjudication Division. (DAR NOTE: H.B. 188 is effective as of 05/10/2011.)

Summary of the rule or change:

Section R602-1-3 is amended to add requirements that legal counsel provided electronic addresses for themselves and their clients. Failure to provide a client address constitutes consent to deliver the client's documents to the client's attorney. Section R602-1-4 is amended to provide that, subject to some exceptions specified elsewhere in Title R602, a document required or permitted to be filed in adjudicative proceedings may be delivered electronically using "PDF" format. Section R602-1-4 is further amended to require that electronically transmitted documents include delivery information. Finally, Section R602-1-4 provides that, in cases where a party submits more than one copy of a document, the first copy will be treated as the official version and subsequent versions will not be retained by the Division.

State statutory or constitutional authorization for this rule:

• Section 34A-1-302
• Section 63G-4-102 et seq.
• Section 34A-1-304

Anticipated cost or savings to:

the state budget:

There are no costs to the state budget associated with the proposed rule amendments. However, by allowing the Adjudication Division to deliver adjudicative documents electronically instead of by mail, the Division will marginally reduce its postage and paper costs, thereby resulting in some minor savings to the state budget.

local governments:

No costs to local government are associated with the proposed rule amendments. However, by allowing local governments participating in proceedings before the Adjudication Division to deliver adjudicative documents electronically instead of by mail, local governments will marginally reduce postage and paper costs, thereby resulting in some minor savings.

small businesses:

No costs to small businesses are associated with the proposed rule amendments. However, by allowing small businesses to deliver adjudicative documents electronically instead of by mail, small businesses will marginally reduce postage and paper costs, thereby resulting in some minor savings.

persons other than small businesses, businesses, or local governmental entities:

Other persons participating in proceedings before the Adjudication Division will experience the same minor savings as small businesses from electronic delivery of documents.

Compliance costs for affected persons:

In view of the wide availability and acceptance of electronic means for sending and receiving documents, the Commission does not expect the proposed rule to result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

While the Commission expects participants in its adjudicative proceedings to experience some cost savings as a result of electronic document delivery, the Commission views convenience, speed and efficiency as the more significant benefits to be realized from these proposed amendments.

Sherrie Hayashi, Commissioner

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

Labor Commission
Adjudication
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Richard Lajeunesse at the above address, by phone at 801-536-7928, by FAX at 801-530-6333, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/15/2011

This rule may become effective on:

06/22/2011

Authorized by:

Sherrie Hayashi, Commissioner

R602. Labor Commission, Adjudication.

R602-1. General Provisions.

R602-1-3. Representatives at Adjudicative Proceedings.

1. Representatives who are not duly admitted and licensed to practice law in Utah shall not be allowed to appear on behalf of a party before the Adjudication Division.

2. Individuals who are parties to an adjudicative proceeding before the Adjudication Division may appear pro se.

3. Corporations who are parties to an adjudicative proceeding before the Adjudication Division shall be represented by legal counsel who are duly admitted to practice law in Utah.

4. All legal counsel who appear on behalf of a party before the Adjudication Division are required to file with the Division the electronic address to receive delivery of documents in adjudicative proceedings before the Division.

5. All legal counsel who deliver documents to the Adjudication Division on behalf of a party shall include the e-mail address of the party represented to receive delivery of documents in adjudicative proceedings before the Division. Failure to provide a party's electronic address gives the Adjudication Division consent to deliver that party's document(s) to their attorney of record.

 

R602-1-4. Filing of Documents.

1. Pursuant to Section 34A-1-304 and subject to the limitations and requirements of this rule, a document required or permitted by statute or rule may be delivered by electronic means. All documents filed with the administrative law judge shall be filed with all other parties to the adjudicative proceeding and shall provide verification of mailing , electronic transmittal[ to], or service on, all parties to whom copies of the documents are mailed or personally delivered.

2. Parties shall not file courtesy copies with the Division.

3. Delivery by electronic transmittal is limited to documents in PDF format delivered to sites specified by the Adjudication Division or the Commission. Documents delivered by electronic transmittal must include signatures. Electronic documents filed in non-PDF format are not considered delivered to the Division of Adjudication.

4. Each electronically transmitted document shall include a delivery certificate that lists the time and date on which the document was transmitted, the name of the person who transmitted the document, and the name and email address of each person or entity to which the document was transmitted. If a party utilizes delivery by electronic transmittal, the document filed must include an electronic address where the party may receive documents. The Adjudication Division and all opposing parties may use electronic transmittal as the sole method of delivery to that party.

5. The first document delivered to the Adjudication Division becomes the original document filed. Any copies of the document filed with the Adjudication Division will not be retained.

 

KEY: witness fees, time, administrative procedures, filing deadlines

Date of Enactment or Last Substantive Amendment: [November 25, 2008]2011

Notice of Continuation: August 15, 2007

Authorizing, and Implemented or Interpreted Law: 34A-1-302; 34A-1-304; 63G-4-102 et seq.