File No. 37029

This notice was published in the December 1, 2012, issue (Vol. 2012, No. 23) of the Utah State Bulletin.


Human Services, Services for People with Disabilities

Rule R539-1

Eligibility

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37029
Filed: 11/05/2012 11:18:55 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:

Subsection 62A-5-103(2)(a) states that the Division of Services for People with Disabilities (DSPD) shall "administer an array of services and supports for persons with disabilities and their families throughout the state" and Subsection 62A-5-103(2)(b) provides that DSPD "make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish eligibility criteria for the services and supports described in Subsection (2)(a)". Subsection 62A-5-105(f)(i) states that the DSPD shall "establish and periodically review the criteria used to determine who may receive services from the division and how the delivery of those services is prioritized within available funding". Rules governing eligibility were created to honor these statues.

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 comments in support or opposition to the rule were received by the DSPD.

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

Having received no comments in opposition and requiring a continuing, publicly available criteria for determining eligibility for DSPD services, continuation of the rule is justified on the grounds that it meets existing statues, serves the purpose of the DSPD and has not met any public opposition.

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

Human Services
Services for People with Disabilities
195 N 1950 W 3RD FLR
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

  • Paul Day at the above address, by phone at 801-538-4118, by FAX at 801-538-4279, or by Internet E-mail at pday@utah.gov
  • Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov

Authorized by:

Paul Smith, Director

Effective:

11/05/2012


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/2012/b20121201.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 Paul Day at the above address, by phone at 801-538-4118, by FAX at 801-538-4279, or by Internet E-mail at pday@utah.gov; Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov.