DAR File No. 39222

Professional Practices Advisory Commission, Administration

Section R686-101-14

Default

Notice of Proposed Rule

(Amendment)

DAR File No.: 39222
Filed: 03/16/2015 10:49:41 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R686-101-14 is amended to provide changes to procedures in the event of a default judgment resulting from a respondent�s failure to attend or participate in a properly scheduled hearing after receiving proper notice.

Summary of the rule or change:

The amendments to Subsection R686-101-14(C) change the language from "shall" to "may" and include the word "revocation" in possible UPPAC recommendations to the Board in the event of a default judgment.

State statutory or constitutional authorization for this rule:

• Subsection 53A-6-306(1)(a)

Anticipated cost or savings to:

the state budget:

The amendments to Section R686-101-14 provide procedural changes that pertain to UPPAC's recommendation to the Board in the event of a default judgment for a respondent's failure to attend or participate in a UPPAC hearing. The procedural changes will likely not result in a cost or savings to the state budget.

local governments:

The amendments to Section R686-101-14 provide procedural changes that pertain to UPPAC's recommendation to the Board in the event of a default judgment for a respondent's failure to attend or participate in a UPPAC hearing. The procedural changes will likely not result in a cost or savings to local government.

small businesses:

The amendments to Section R686-101-14 provide procedural changes that pertain to UPPAC's recommendation to the Board in the event of a default judgment for a respondent's failure to attend or participate in a UPPAC hearing. The procedural changes will likely not result in a cost or savings to small businesses.

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

The amendments to Section R686-101-14 provide procedural changes that pertain to UPPAC's recommendation to the Board in the event of a default judgment for a respondent's failure to attend or participate in a UPPAC hearing. The procedural changes will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Procedures are changed in Section R686-101-14 that pertain to UPPAC's recommendation to the Board in the event of a default judgment if a respondent fails to attend or participate in a UPPAC hearing. The procedural changes will likely not result in any compliance costs for affected persons.

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

I have reviewed this rule and I see no fiscal impact on businesses.

Brad C. Smith, State Superintendent

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

Professional Practices Advisory Commission
Administration
250 E 500 S
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Brad Smith at the above address, by phone at 801-538-7510, by FAX at 801-538-7768, 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:

05/01/2015

This rule may become effective on:

05/08/2015

Authorized by:

Brad Smith, State Superintendent of Public Instruction

R686. Professional Practices Advisory Commission, Administration.

R686-101. UPPAC Hearing Procedures and Reports.

R686-101-14. Default.

A. The hearing officer may prepare an order of default in a hearing report including a statement of the grounds for default and the recommended disposition if:

(1) the respondent fails to attend or participate in a properly scheduled hearing after receiving proper notice. The hearing officer may determine that the respondent has failed to attend a properly scheduled hearing if the respondent has not appeared within 30 minutes of the appointed time for the hearing to begin, unless the respondent shows good cause for failing to appear in a timely manner;

(2) the respondent or the respondent's representative commits misconduct during the course of the hearing process.

B. The recommendation of default may be executed by the Executive Secretary following all applicable time periods, without further action by UPPAC.

C. Except as provided in R686-101, a default judgment [shall]may result in a recommendation to the Board for revocation or for a suspension of no less than five years.

D. A default judgment shall result in a recommendation to the Board for a revocation if the alleged misconduct is conduct identified in 53A-6-501(2).

 

KEY: hearings, reports

Date of Enactment or Last Substantive Amendment: [November 7, 2013]2015

Authorizing, and Implemented or Interpreted Law: 53A-6-306(1)(a)