DAR File No. 38809

Labor Commission, Industrial Accidents

Section R612-100-1

Authority

Notice of Proposed Rule

(Amendment)

DAR File No.: 38809
Filed: 08/22/2014 08:48:58 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the proposed amendments to Section R612-100-1 is to update the statutory references from which the rules are enacted.

Summary of the rule or change:

The amendment eliminates any reference to the Utah Injured Worker Reemployment Act. The Act was allowed to sunset in the 2014 General Legislative Session thus eliminating the necessity of any references.

State statutory or constitutional authorization for this rule:

• Section 34A-3-101 et seq.
• Section 34A-2-101 et seq.
• Section 63G-4-102 et seq.
• Section 34A-1-104 et seq.

Anticipated cost or savings to:

the state budget:

Updating and clarifying Section R612-100-1's references will not have any substantive effect on the workers' compensation system. Consequently, the proposed amendment will not result in additional administrative or enforcement costs to the Labor Commission, nor will the changes affect the state's workers' compensation coverage expenses as an employer.

local governments:

Updating and clarifying Section R612-100-1's references will not have any substantive effect on the workers' compensation system. Consequently, the proposed amendment will not change local governments' workers' compensation coverage expenses as employers.

small businesses:

Updating and clarifying R612-100-1's references will not have any substantive effect on the workers' compensation system. Consequently, the proposed amendment will not change small businesses' workers' compensation coverage expenses as employers.

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

The proposed change to Section R612-100-1 is consistent with current practice and will not result in any additional expense to other persons.

Compliance costs for affected persons:

The elimination of references to the Utah Injured Worker Reemployment Act will assist stakeholders in understanding and using the workers' compensation system. The proposed amendment is not expected to result in any additional compliance costs for affected persons.

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

The proposed changes to Section R612-100-1 are part of the Industrial Accidents Division's comprehensive review of all its workers' compensation rules. As already noted, the proposed amendment is not substantive in nature, but works to simplify, update, and clarify definitions used throughout the Division's rules. As such, the amendment will not increase stakeholder costs, but should make use of the Division's rules easier.

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 rdressler@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:

10/15/2014

This rule may become effective on:

10/22/2014

Authorized by:

Sherrie Hayashi, Commissioner

R612. Labor Commission, Industrial Accidents.

R612-100. Workers' Compensation Rules - General Provisions.

R612-100-1. Authority.

These rules are enacted pursuant to the following statutory authority:

A. Section 34A-1-104 of the Utah Labor Commission Act;

B. Section 34A-2-103, 34A-2-201.3, 34A-2-407 and 34A-2-412 of the Utah Workers' Compensation Act;

C. Section 34A-2-1001 et seq. of the Workers'; Compensation Coverage Waiver Act;

[D. Sections 34A-8a-202 and 34A-8a-203 of the Utah Injured Worker Reemployment Act;

][E]D. Section 59-9-101 of the Taxation of Admitted Insurers Act;

[F]E. Section 63G-4-202(1) of the Utah Administrative Procedures Act; and

[G]F. Section 78B-8-404 of Capter8, Title 78B, Utah Code Annotated.

 

KEY: workers' compensation, administrative procedures

Date of Enactment or Last Substantive Amendment: [February 25, 2013]2014

Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104 et seq.; 63G-4-102 et seq.