DAR File No. 37087

This notice was published in the January 1, 2013, issue (Vol. 2013, No. 1) of the Utah State Bulletin.


Health, Center for Health Data, Vital Records and Statistics

Rule R436-6

Delayed Registration of Birth or Death

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37087
Filed: 12/03/2012 04:57:33 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:

Section 26-2-15. Petition for establishment of unregistered birth or death -- Court procedure. The rule is required as a further explanation of the statute to allow the Registrar to deny birth/death certificates to individuals who are not currently Utah residents or were not born or had not died in the state. The rule also indicates that the form the courts use to establish a birth or death must come from the Registrar's office rather than the courts. This is to insure all information needed to register is included and that the courts don't add or delete information. Finally, the rule sets the parameters for which foreign adoptions qualify for a delayed certificate of birth rather than an in-country birth certificate. The only foreign adoptees (or designates) that can petition for a court-ordered delayed certificate are those born in countries without an existing vital records system.

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

There are no written comments that have been received by the Registrar.

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

With the requirements under the federal REAL-ID Act that individuals produce a birth certificate in order to renew their driver's license, the rule allows the Registrar to reject court orders for individuals not born nor currently residing in Utah. It also allows us to reject court orders for death certificates when the place of death is not established to be in Utah. Without this discretion, Utah could potentially be a source of fraudulent birth and death certificates. 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:

Health
Center for Health Data, Vital Records and Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

  • Janice Houston at the above address, by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov

Authorized by:

David Patton, Executive Director

Effective:

12/03/2012


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/2013/b20130101.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 Janice Houston at the above address, by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov.