Labor Commission, Industrial Accidents

Rule R612-9

Designation of the Initial Assessment of Noncompliance Penalties as an "Informal" Proceeding

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33229
Filed: 12/01/2009 12:11:22 PM

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 34A-1-104 of the Labor Commission Act, in conjunction with Section 63G-4-202 of the Administrative Procedures Act, authorizes the commission to designate various adjudicative proceedings as either "formal" or "informal". Section 34A-2-211 of the Workers' Compensation Act establishes an adjudicative procedure for assessing penalties against employers who fail to provide workers' compensation insurance coverage. Rule R612-9 designates the initial level of such proceedings as "informal", and any subsequent proceedings as "formal".

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 comments have been received during and since the last five-year review of this rule.

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

Because the penalty assessment procedure of Section 34A-2-211 remain in effect, it remains necessary to designate the various components of that procedure as either "informal" or "formal" under the Administrative Procedures Act. 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:

• Ron Dressler at the above address, by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov

Effective:

12/01/2009

Authorized by:

Sherrie Hayashi, Commissioner