DAR File No. 37137

Labor Commission, Industrial Accidents

Rule R612-9

Designation of the Initial Assessment of Noncompliance Penalties as an "Informal" Proceeding

Notice of Proposed Rule

(Repeal)

DAR File No.: 37137
Filed: 12/28/2012 02:39:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Labor Commission proposes to repeal this and other Industrial Accident Division rules in order to consolidate, reorganize, and reenact the substance of those rules in a format that is more logical and user friendly.

Summary of the rule or change:

The existing Rule R612-9 will be repealed in its entirety. The substance of the existing rule will be reenacted in new Rule R612-100. (DAR NOTE: The proposed new Rule R612-100 is under DAR No. 37124 in this issue, January 15, 2013, of the Bulletin.)

State statutory or constitutional authorization for this rule:

• Subsection 63G-3-301(3)(c)
• Subsection 63G-4-201(1)
• Section 34A-1-104

Anticipated cost or savings to:

the state budget:

Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to the state budget.

local governments:

Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to local government.

small businesses:

Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to small businesses.

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

Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to other affected persons.

Compliance costs for affected persons:

The repeal of existing Rule R612-9 and reenactment of its substantive provisions as Rule R612-100 will not change interested parties' rights or duties and will not impose any compliance costs on affected persons.

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

The repeal of existing Rule R612-9, coupled with reenactment of the rule's substantive provisions in the new Rule R612-100, is intended to make the rule easier to find and use by businesses and all other stakeholders in the workers' compensation system. The Commission does not anticipate that the improved organization of these rules will result in 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
Industrial Accidents
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Ron Dressler at the above address, by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at [email protected]

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:

02/14/2013

This rule may become effective on:

02/21/2013

Authorized by:

Sherrie Hayashi, Commissioner

R612. Labor Commission, Industrial Accidents.

[R612-9. Designation of the Initial Assessment of Noncompliance Penalties as an "Informal" Proceeding.

R612-9-1. Authority.

This rule is enacted under authority of Section 34A-1-104 and Section 63G-4-202(1) and is applicable to proceedings under Section 34A-2-211 to assess penalties against employers who have failed to obtain workers compensation insurance coverage.

 

R612-9-2. Designation as Informal Proceedings.

Initial proceedings to assess such penalty are hereby designated as informal adjudicatory proceeding, while all subsequent proceedings with respect to assessment of such penalty are hereby designated as formal proceedings.

 

KEY: penalties, worker's compensation, uninsured employers, informal adjudicative proceedings

Date of Enactment or Last Substantive Amendment: November 14, 1995

Notice of Continuation: December 1, 2009

Authorizing, and Implemented or Interpreted Law: 63G-3-301(3)(c); 63G-4-202(1); 34A-1-104]