Health, Epidemiology and Laboratory Services; HIV/AIDS, Tuberculosis Control/Refugee Health

Section R388-804-9

Penalty for Violation

Notice of Proposed Rule

(Amendment)

DAR File No.: 33188
Filed: 11/24/2009 11:23:10 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to remove an obsolete reference to criminal penalties for violating a rule that is no longer supported by statutory delegation of this authority by the Legislature (see H.B. 32, 2009 General Session, Utah State Legislature). (DAR NOTE: H.B. 32 (2009) is found at Chapter 347, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

The reference to criminal penalties for violating this rule is removed.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 8a

Anticipated cost or savings to:

the state budget:

It is possible that increased focus on use of civil money penalties could have a positive impact on state and local budgets, but any impact is expected to be minimal.

local governments:

It is possible that increased focus on use of civil money penalties could have a positive impact on state and local budgets, but any impact is expected to be minimal.

small businesses:

It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted.

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

It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted.

Compliance costs for affected persons:

It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted and compliance costs are not expected to change.

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

Removing obsolete criminal penalties will impose no new fiscal impact.

David N. Sundwall, MD, Executive Director

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

Health
Epidemiology and Laboratory Services; HIV/AIDS, Tuberculosis Control/Refugee Health
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Cristie Chesler at the above address, by phone at 801-538-9465, by FAX at 801-538-9913, or by Internet E-mail at cchesler@utah.gov

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:

01/14/2010

This rule may become effective on:

01/21/2010

Authorized by:

David Sundwall, Executive Director

R388. Health, Epidemiology and Laboratory Services; HIV/AIDS, Tuberculosis Control/Refugee Health.

R388-804. Special Measures for the Control of Tuberculosis.

R388-804-9. Penalty for Violation.

(1) Any person who violates any provision of this rule may be assessed a civil money penalty [not to exceed the sum of $5000 or be punished for violation of a class B misdemeanor for the first violation and for any subsequent similar violation within two years for violation of a class A misdemeanor] as provided in Section 26-23-6.

 

KEY: tuberculosis, screening, communicable disease

Date of Enactment or Last Substantive Amendment: [July 16, 2007]2010

Notice of Continuation: May 29, 2007

Authorizing, and Implemented or Interpreted Law: 26-6-4; 26-6-6; 26-6-7; 26-6-8; 26-6-9; 26-6b