Labor Commission, Antidiscrimination and Labor, Antidiscrimination

Rule R606-5

Employment Agencies

Notice of Proposed Rule

(Repeal)

DAR File No.: 36692
Filed: 08/24/2012 07:57:09 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to repeal the existing Rule R606-5. The Labor Commission review of this rule establishes that the subject matter of the rule is already addressed by statute. Consequently, the rule is not necessary.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 34A-5-104 et seq.

Anticipated cost or savings to:

the state budget:

Since the subject matter of this rule is already addressed by statute, repeal of this rule will not result in any additional costs or savings to the state budget.

local governments:

Since the subject matter of this rule is already addressed by statute, repeal of this rule will not result in any additional costs or savings to local governments.

small businesses:

Since the subject matter of this rule is already addressed by statute, repeal of this rule will not result in any additional costs or savings to small businesses.

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

Since the subject matter of this rule is already addressed by statute, repeal of this rule will not result in any additional costs or savings to other persons.

Compliance costs for affected persons:

Repeal of this rule does not add or eliminate any requirements and will not impose any additional compliance costs on any entity.

Comments by the department head on the fiscal impact the rule may have on businesses:

As part of Governor Herbert's directive that state agencies review all administrative rules, the Labor Commission has concluded that the substance of this rule is already addressed by statute. Consequently, the rule is not required. Elimination of the rule will simplify the Labor Commission�s administrative rules, but will not have any fiscal impact on businesses.

Sherrie Hayashi, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Labor Commission
Antidiscrimination and Labor, Antidiscrimination
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Kerry Chlarson at the above address, by phone at 801-530-6921, by FAX at 801-530-7601, or by Internet E-mail at kchlarson@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:

10/15/2012

This rule may become effective on:

10/22/2012

Authorized by:

Sherrie Hayashi, Commissioner

R606. Labor Commission, Antidiscrimination and Labor, Antidiscrimination.

[R606-5. Employment Agencies.

R606-5-1. Authority.

This rule is established pursuant to Section 34A-5-104.

 

R606-5-2. Procedures and Prohibitions.

A. An employment agency undertaking to fill a job order containing a specification regarding race, color, national origin, sex, age, religion, or disability will share responsibility with the employer placing the job order if it is determined that the specification was not based upon a bona fide occupational qualification.

B. An exception to R606-5-2.A can be allowed in that an application form may ask "Male ......, Female ......", or "Mr., Mrs., Miss" provided that the inquiry is made in good faith for a nondiscriminatory purpose and is based upon a bona fide occupational qualification.

 

KEY: discrimination, employment agencies, employment

Date of Enactment or Last Substantive Amendment: 1990

Notice of Continuation: May 28, 2010

Authorizing, and Implemented or Interpreted Law: 34A-5-104 et seq.]