Human Services, Recovery Services

Rule R527-200

Administrative Procedures

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34529
Filed: 03/25/2011 10:17:23 AM

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 62A-11-107 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary to carry out its legal responsibilities listed in Title 62A, Chapter 11. This rule provides procedures for informal adjudicative proceedings as required by Section 63G-4-203. In accordance with Section 63G-4-302, this rule describes the possible one-time request for reconsideration during an informal adjudicative proceeding.

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 comments have been received since the last five-year review.

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

The statutes under which this rule is enacted are still in effect. This rule describes necessary procedures for informal adjudicative proceedings conducted by the Office of Recovery Services. This rule is necessary to explain the requirements of an informal adjudicative proceeding. In addition, the rule provides information on requesting and obtaining a hearing in an informal adjudicative proceeding when initiated with a notice of agency action; and the actions and conduct of hearings when a request is received. This rule explains that a request for reconsideration may be requested by a respondent or ORS once during an informal adjudicative proceeding. Lastly, this rule clarifies procedures for amending administrative orders and setting aside an administrative order. 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:

• Shancie Nance at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at snance@utah.gov

Authorized by:

Mark Brasher, Director

Effective:

03/25/2011