Health, Center for Health Data, Health Care Statistics

Rule R428-5

Appeal and Adjudicative Proceedings

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35489
Filed: 11/30/2011 12:03:40 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 allowed by Section 26-33a-104 and Title 63, Chapter 46b, Utah Administrative Procedures Act. It is necessary to clarify administrative adjudicative procedures under the Utah Administrative Procedures Act.

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 comment was received since the last review of the rule. On 11/08/2011, the Health Data Committee reviewed this rule and requested its continuation.

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

This rule outlines the formal adjudicative procedures requirements for administrative adjudicative actions of the Health Data Committee (HDC). The Utah Administrative Procedures Act allows administrative agencies to adopt certain procedures by rule if the agency conducts formal administrative adjudicative proceedings. This rule provides appropriate administrative procedures to handle a disagreement, if any, in the new data collection process. On 11/08/2011, the HDC requested continuation of Rule R428-5.

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:

• Mike Martin at the above address, by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at [email protected]
• Keely Cofrin Allen at the above address, by phone at 801-538-6551, by FAX at 801-538-9916, or by Internet E-mail at [email protected]

Authorized by:

David Patton, Executive Director

Effective:

11/30/2011