File No. 35329
This notice was published in the November 1, 2011, issue (Vol. 2011, No. 21) of the Utah State Bulletin.
Health, Disease Control and Prevention, Laboratory Services
Rule R438-10
Rules for Establishment of a Procedure to Examine the Blood of all Adult Pedestrians and all Drivers of Motor Vehicles Killed in Highway Accidents for the Presence and Concentration of Alcohol, for the Purpose of Deriving Statistics Therefrom
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 35329
Filed: 10/12/2011 12:15:54 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:
This rule is authorized by Subsections 26-1-30(2)(q) and 26-1-30(2)(r) to: establish, maintain, and enforce a procedure requiring the blood of adult pedestrians and drivers of motor vehicles killed in highway accidents be examined for the presence and concentration of alcohol; provide the commissioner of public safety with monthly statistics reflecting the results of the examinations provided for in Subsection 26-1-30(2)(q); and provide safeguards so that information derived from the examinations is not used for a purpose other than the compilation of statistics authorized in Subsection 26-1-30(2)(r).
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.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule needs to continue until it is adequately replaced through statutory updating of highway death authorities.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
HealthDisease Control and Prevention, Laboratory Services
4431 S 2700 W
TAYLORSVILLE, UT 84119
Direct questions regarding this rule to:
- David Mendenhall at the above address, by phone at 801-965-2530, by FAX at 801-965-2544, or by Internet E-mail at davidmendenhall@utah.gov
Authorized by:
David Patton, Executive Director
Effective:
10/12/2011
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20111101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact David Mendenhall at the above address, by phone at 801-965-2530, by FAX at 801-965-2544, or by Internet E-mail at davidmendenhall@utah.gov.