Commerce, Occupational and Professional Licensing

Rule R156-46b

Division Utah Administrative Procedures Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34397
Filed: 01/31/2011 12:49:15 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:

Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 63G-4-102(6) provides that agencies may enact rules affecting or governing adjudicative proceedings.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in April 2006, the Division has received only one written comment with respect to this rule. A 06/18/2008 email was received from Hunter Finch in which he notified the Division of a statute citation error with respect to this rule. As a result of Mr. Finch's email, a nonsubstantive rule change was filed with the Division of Administrative Rules and the nonsubstantive change became effective on 10/01/2008.

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

The rule clarifies the provisions of Title 63G, Chapter 4, as it applied to the Division's adjudicative proceedings. Therefore, the 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:

• W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov

Authorized by:

Mark Steinagel, Director

Effective:

01/31/2011