Public Safety, Driver License

Rule R708-21

Third-Party Testing

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35703
Filed: 01/20/2012 08:54:07 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 53-3-213 allows for the division to accept skills tests from third-party testers. Section 53-3-407 outlines requirements for the Division to accept tests given by third-party testers. 49 CFR Part 383.75 authorizes the state of Utah to license third-party testers according to Federal Motor Carrier Safety Administration (FMCSA) guidelines and details requirements for audit, regulating, and remedial action against the testers.

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 used to meet federal guidelines for regulation CDL third-party testers. 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:

01/20/2012