Administrative Services, Administrative Rules

Rule R15-5

Administrative Rules Adjudicative Proceedings

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34109
Filed: 09/22/2010 12:11:24 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:

Sections 63G-3-301 and 63G-4-202 permit an agency to designate adjudicative proceedings as informal. If the agency chooses to do so, it must do so by rule. Section 63G-4-503 requires each agency to issue rules that govern procedures for declaratory orders. Subsection 63G-3-402(1)(n) requires the division to administer the Utah Administrative Rulemaking Act, Title 63G, Chapter 3.

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 since this rule was last reviewed.

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

Upon review of this rule, the Division has determined that it is no longer necessary because statute provides: 1) that the division has authority to make nonsubstantive changes; and 2) a process for a person to challenge an administrative rule. The Division has provided this review to comply with the procedures of Section 63G-3-305 and intends to file a notice of proposed rule to repeal this rule in the near future.

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:

• Kenneth Hansen at the above address, by phone at 801-538-3777, by FAX at 801-359-0759, or by Internet E-mail at khansen@utah.gov

Authorized by:

Kenneth Hansen, Director

Effective:

09/22/2010