Public Safety, Driver License

Rule R708-14

Adjudicative Proceedings For Driver License Actions Involving Alcohol and Drugs

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35637
Filed: 01/09/2012 08:49:47 AM

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:

These proceedings deal with the following types of hearings: a) driving under the influence of alcohol/drugs (per se), Section 53-3-223; b) implied consent (refusal), Section 41-61-520; c) measurable metabolite in the body, Section 41-6a-517; d) consumption by a minor (not a drop), Section 53-3-231; and e) CDL (.04), Section 53-3-418. Hearing procedures include time and place, notice, default, evidence, information, subpoenas, administrative notice, presiding officers duties with their findings, conclusions, and recommendations and orders. In accordance with Section 63G-4-302, a driver may file a request for reconsideration of the order within 20 days after receiving it.

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 public comment was received in reference to this rule.

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

This rule continues to be very useful in regulating driving privilege for alcohol and drug sanctions. Therefore, this rule should be continued.

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:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov

Authorized by:

Lance Davenport, Commissioner

Effective:

01/09/2012