DAR File No. 39034
This rule was published in the January 15, 2015, issue (Vol. 2015, No. 2) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 39034
Filed: 12/29/2014 10:27:31 AM
Purpose of the rule or reason for the change:
This change is proposed in order to establish procedures for adjudications that are requested under Title 13, Chapter 14 et seq.
Summary of the rule or change:
Evidentiary hearings will be conducted to adjudicate matters brought under statutory sections that specifically call for hearings. Adjudications that are requested under other sections of the statute will be accomplished through briefing, without hearing or oral argument before the Board.
State statutory or constitutional authorization for this rule:
- Section 13-14-101 et seq.
Anticipated cost or savings to:
the state budget:
Adjudicating certain matters without convening the Board for hearing will relieve the state from paying the costs associated with hearings (i.e., staff time, Board member per diem, mileage, and parking).
Local governments are not required to comply with or enforce the New Automobile Franchise Act rule. No fiscal impact to local government is anticipated.
Small businesses that request an adjudication in a matter that does not require hearing will save litigation costs that are typically associated with hearings (i.e., travel costs and witness fees).
persons other than small businesses, businesses, or local governmental entities:
Affected persons that request an adjudication in a matter that does not require hearing will save litigation costs that are typically associated with hearings (i.e., travel costs and witness fees).
Compliance costs for affected persons:
This filing establishes procedures for adjudicative proceedings. No specific compliance is required. No compliance costs are anticipated.
Comments by the department head on the fiscal impact the rule may have on businesses:
This filing establishes procedures for adjudicating certain matters without hearing. As stated in the rule analysis, businesses that are not required to go to hearing will avoid certain litigation costs. Such savings cannot be estimated.
Francine A. Giani, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Commerce
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Thomas Brady, Deputy Director
R151. Commerce, Administration.
R151-14. New Automobile Franchise Act Rule.
R151-14-3. Adjudicative Proceedings.
(1) Informal Proceeding. Adjudicative proceedings before the Board and the Executive Director are designated as informal adjudicative proceedings.
(2) Applicable Rules. In addition to Title 63G, Chapter 4, Utah Administrative Procedures Act, any adjudicative proceedings under the New Automobile Franchise Act shall be conducted in accordance with this rule and with the Department of Commerce Administrative Procedures Act Rule, R151-4.
(3) Procedure for Substitution of Presiding Officer. In accordance with Section 63G-4-103(1)(h), the Executive Director of the Department may upon his/her own motion substitute an administrative law judge as the presiding officer to conduct certain aspects of the adjudicative proceedings before the Board if he/she determines that fairness to the parties would not be compromised by such substitution. The substitution order shall give any party who feels that such substitution would compromise fairness an opportunity to request the Executive Director to reconsider the substitution by submitting written objections and supporting arguments to the Executive Director. Upon reconsideration, the Executive Director may leave the order intact or make such other orders as he/she deems appropriate.
(4) Submissions. Except as otherwise expressly required or permitted in this Rule or in the New Automobile Franchise Act, all correspondence or other submissions shall be directed to the Chair of the Utah Motor Vehicle Franchise Advisory Board at the Utah Department of Commerce.
(5) Form of Pleadings. A notice of agency action by the agency shall comply with the requirements of the Utah Administrative Procedures Act, Section 63G-4-201(2). A request to commence an adjudicative proceeding pursuant to Section 13-14-107(1), shall be a pleading headed "BEFORE THE DEPARTMENT OF COMMERCE, UTAH MOTOR VEHICLE FRANCHISE ADVISORY BOARD" and captioned "Request for Agency Action." The pleading shall substantially comply with the Utah Administrative Procedures Act, Section 63G-4-201(3), and the Department of Commerce Administrative Procedures Act Rule, R151-4-201 to -205.
(6) Answer. If the presiding officer determines that an answer to any notice of agency action or request for agency action would be helpful to the proceedings, the presiding officer may order a party to the proceedings to file an answer.
7]) Memoranda. If the presiding officer determines that [ prehearing briefs] would be helpful to the proceedings, the
presiding officer may order the parties to submit memoranda in
accordance with any scheduling order entered by the presiding
8]) GRAMA. Any request for records of the proceedings before
the Board and the Executive Director will be governed by GRAMA
(Government Records Access and Management Act), Utah Code Ann.
Section 63G-2-101 et seq. Any schedule of records classifications
maintained by the Department shall be made available to the parties
KEY: automobiles, motor vehicles, franchises[
, recreational vehicles]
Date of Enactment or Last Substantive Amendment: [
May 2, 2006]
Notice of Continuation: May 2, 2011
Authorizing, and Implemented or Interpreted Law: 13-14-101 et seq.
More information about a Notice of Proposed Rule is available online.
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/2015/b20150115.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.
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For questions regarding the content or application of this rule, please contact Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.