Public Safety, Driver License

Rule R708-8

Review Process: Driver License Medical Section

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35633
Filed: 01/09/2012 08:47:47 AM

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 53-3-303 directs the Driver License Division to create a Medical Advisory Board in order to make recommendations for medical standards and guidelines to address conditions that may impact an individual's ability to safely operate a motor vehicle. The board is also directed to function in an advisory capacity to review decisions made by the Division in reference to an individual's privilege to drive. Section 53-3-224 outlines the process for filing a petition for hearing or judicial review of a decision made by the Division.

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 written public comment was received in reference to this rule.

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

This rule is necessary in order to outline the steps an individual must follow in order to seek review before the Medical Advisory Board following notice of restriction or denial of a driving privilege based on evidence of physical, mental, or emotional conditions which may impair his ability to safely operate a motor vehicle. 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:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at [email protected]

Authorized by:

Lance Davenport, Commissioner

Effective:

01/09/2012