Commerce, Occupational and Professional Licensing

Section R156-78B-4

General Provisions

Notice of Proposed Rule

(Amendment)

DAR File No.: 35237
Filed: 09/15/2011 01:08:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 328 generated a review of the state's 4 x 10-hour workweek and resulted in a decision to return to a Monday through Friday schedule, effective 09/06/2011. Pursuant to this change, the Division of Occupational and Professional Licensing amended its operational hours to 8:00 am to 5:00 pm, Monday through Friday, beginning 09/06/2011. As a result of this changes, Fridays will be scheduled workdays and thus, Friday no longer needs to excepted from the computation of time when a filing deadline falls on a Friday.

Summary of the rule or change:

Subsection R156-78B-4(3) is amended to reflect that Fridays are counted when determining a deadline for filing before a Division prelitigation panel.

State statutory or constitutional authorization for this rule:

• Subsection 78B-3-416(1)(b)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendment only applies to persons who would be filing a medical malpractice prelitigation request with the Division. As a result, the proposed amendment does not apply to local governments.

small businesses:

The proposed amendment only applies to persons who would be filing a medical malpractice prelitigation request with the Division. As a result, the Division anticipates no costs or savings to small businesses.

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

The proposed amendment only applies to persons who would be filing a medical malpractice prelitigation request with the Division. However, the Division anticipates no costs or savings as a result of this proposed amendment which removes Fridays from the list of days not to be counted when calculating the computation of time.

Compliance costs for affected persons:

The proposed amendment only applies to persons who would be filing a medical malpractice prelitigation request with the Division. However, the Division anticipates no costs or savings as a result of this proposed amendment which removes Fridays from the list of days not to be counted when calculating the computation of time.

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 regarding computation of time.

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
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

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

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:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-78B. Prelitigation Panel Review Rule.

R156-78B-4. General Provisions.

(1) Purpose.

This rule is intended to secure the just, speedy and economical determination of all issues presented to the Division.

(2) Deviation from Rule.

Except as otherwise required by Title 78B, Chapter 3, the Division may permit a deviation from this rule when it finds compliance to be impractical or unnecessary.

(3) Computation of Time.

The time within which any act shall be done, as herein provided, shall be computed by excluding the first day and including the last, unless the last day is [Friday,] Saturday, Sunday or a state holiday, and then it is excluded and the period runs until the end of the next day which is a scheduled workday for the Division. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, three days shall be added to the prescribed period.

 

KEY: medical malpractice, prelitigation, certificate of compliance, affidavit of merit

Date of Enactment or Last Substantive Amendment: [January 10, ]2011

Notice of Continuation: April 9, 2007

Authorizing, and Implemented or Interpreted Law: 78B-3-416(1)(b)