Commerce, Occupational and Professional Licensing

Rule R156-1

General Rule of the Division of Occupational and Professional Licensing

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35624
Filed: 01/05/2012 12:32:26 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:

Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-1-308(1)(a) provides that the Division will establish a rule with respect to the renewal cycle of occupations and professions regulated by the Division. This rule was enacted to clarify the provisions of Title 58, Chapter 1, with respect to all occupations and professions regulated by the Division.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in March 2007, it has been amended several times. The Division received a 07/26/2011 email from Hunter Finch from the Governor's Office of Planning and Budget in which he notified the Division of an incorrect statutory citation. The Division filed a nonsubstantive rule change filing on 07/26/2011 to correct the statutory citation. The Division also received an 08/19/2009 email from Hunter Finch with respect to the vocational rehabilitation counselor renewal date and provided a suggested change. The Division filed a nonsubstantive rule change filing which was effective on 10/01/2009 to make the change suggested by Mr. Finch. The Division received no other written comments with respect to proposed rule filings made with respect to this rule in July 2011, February 2011, November 2010, July 2010, March 2010, December 2009, August 2009, February 2009, October 2008, June 2008, and January 2008.

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

This rule should be continued as it provides a mechanism to inform potential licensees of the general rules of the Division, as allowed under statutory authority provided in Title 58, Chapter 1, applicable to all occupations and professions regulated by the Division. The rule should also be continued as it provides information to ensure applicants for licensure are knowledgeable about general rules of the Division with respect to items that are not covered separately in each occupational/professional rule.

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:

• 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 [email protected]

Authorized by:

Mark Steinagel, Director

Effective:

01/05/2012