Commerce, Administration

Section R151-4-107

Computation of Time

Notice of Proposed Rule

(Amendment)

DAR File No.: 35232
Filed: 09/13/2011 03:45:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Due to recent statutory changes, State agencies are returning to a five-day workweek and working again on Fridays. This rule change clarifies that when determining filing deadlines, Fridays are included in the computation.

Summary of the rule or change:

Fridays are no longer excepted if the filing deadline falls on a Friday.

State statutory or constitutional authorization for this rule:

• Subsection 63G-4-102(6)
• Section 13-1-6

Anticipated cost or savings to:

the state budget:

This rule amendment clarifies that Fridays are no longer excepted in determining filing deadlines. No costs are anticipated from this clarification.

local governments:

This rule amendment clarifies that Fridays are no longer excepted in determining filing deadlines. No costs are anticipated from this clarification.

small businesses:

This rule amendment clarifies that Fridays are no longer excepted in determining filing deadlines. No costs are anticipated from this clarification.

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

This rule amendment clarifies that Fridays are no longer excepted in determining filing deadlines. No costs are anticipated from this clarification.

Compliance costs for affected persons:

This rule amendment clarifies that Fridays are no longer excepted in determining filing deadlines. No costs are anticipated from this clarification.

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

No fiscal impact to businesses is anticipated from this clarifying rule amendment.

Francine A. Giani, Executive Director

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

Commerce
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Masuda Medcalf at the above address, by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@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:

10/31/2011

This rule may become effective on:

11/07/2011

Authorized by:

Francine Giani, Executive Director

R151. Commerce, Administration.

R151-4. Department of Commerce Administrative Procedures Act Rule.

R151-4-107. Computation of Time.

(1) Periods of time in department proceedings shall:

(a) exclude the first day of the act, event, or default from which the time begins to run; and

(b) include the last day unless it is a [Friday,] Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a [Friday,] Saturday, Sunday, or legal holiday.

(2) When a period of time is less than seven days, [Fridays,] Saturdays, Sundays, and legal holidays are excluded.

(3)(a)(i) When a period of time runs after the service of a document by mail, three days shall be added to the end of the prescribed period.

(ii) Except as provided in R151-4-107(1)(b), these three days include [Fridays,] Saturdays, Sundays, and legal holidays.

(b) No additional time is provided if service is accomplished by electronic means.

 

KEY: administrative procedures, adjudicative proceedings, government hearings

Date of Enactment or Last Substantive Amendment: [September 7,]2011

Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)