DAR File No. 39829

Labor Commission, Industrial Accidents

Section R612-100-4

Designation as Informal Proceedings

Notice of Proposed Rule

(Amendment)

DAR File No.: 39829
Filed: 10/15/2015 03:00:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to designate certain proceedings as informal adjudicatory proceedings.

Summary of the rule or change:

The proposed rule provides that any penalties issued against insurance carriers for either policy reporting or claims reporting will be designated as informal adjudicatory proceedings.

State statutory or constitutional authorization for this rule:

• Section 34A-3-101 et seq.
• Section 63G-4-102 et seq.
• Section 34A-2-101 et seq.
• Section 34A-1-104 et seq.

Anticipated cost or savings to:

the state budget:

Designating adjudicatory proceedings as informal imposes no cost upon the state.

local governments:

Designating adjudicatory proceedings as informal imposes no cost upon local governments.

small businesses:

Designating adjudicatory proceedings as informal imposes no cost upon small business.

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

Designating adjudicatory proceedings as informal imposes no cost upon any other persons.

Compliance costs for affected persons:

There should be no compliance costs for affected persons, as this change only designates proceedings as informal.

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

There should be no fiscal impact of businesses as this change only designates proceedings as informal proceedings.

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
Industrial Accidents
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Ron Dressler at the above address, by phone at 801-530-6841, by FAX at 801-530-6804, 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:

12/01/2015

This rule may become effective on:

12/08/2015

Authorized by:

Sherrie Hayashi, Commissioner

R612. Labor Commission, Industrial Accidents.

R612-100. Workers' Compensation Rules - General Provisions.

R612-100-4. Designation as Informal Proceedings.

A. Pursuant to Section 63G-4-202, the following are designated as informal adjudicatory proceedings:

1. Assessment of penalty under Section 34A-2-211 against an employer conducting business without obtaining workers' compensation coverage;

2. Assessment of penalty under Section 34A-2-201.3 against an insured employer for direct payment of workers' compensation benefits; and

3. Assessment of penalty under Section 34A-2-407 against an employer or insurance carrier who does not timely report an industrial accident.

4. Assessment of penalty under Section 34A-2-205 against an insurance carrier for improperly notifying the division of coverage written in this state or for this state.

B. All subsequent adjudicative proceedings in the above-identified matters are designated as formal proceedings.

 

KEY: workers' compensation, administrative procedures

Date of Enactment or Last Substantive Amendment: [October 22, 2014]2015

Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104 et seq.; 63G-4-102 et seq.