DAR File No. 39567

Labor Commission, Adjudication

Section R602-1-4

Filing of Documents

Notice of Proposed Rule

(Amendment)

DAR File No.: 39567
Filed: 08/10/2015 12:08:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change will allow administrative law judges and parties to file documents that have been signed electronically.

Summary of the rule or change:

The rule change allows administrative law judges and parties to file documents with electronic signatures. It also defines "electronic signature" and the requirements for affidavits or documents needing a notarized, verified, or acknowledged signature that are filed with the Commission.

State statutory or constitutional authorization for this rule:

• Section 34A-1-304
• Section 34A-1-302
• Section 36G-4-102 et seq.

Anticipated cost or savings to:

the state budget:

The Commission does not anticipate that the change to the rule will have any impact on the state budget.

local governments:

The Commission does not anticipate that the change to the rule will have any impact on the local government.

small businesses:

The Commission does not anticipate that the change to the rule will have any impact on small businesses.

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

The Commission does not anticipate that the change to the rule will have any impact on persons other than small businesses, businesses or local government entities.

Compliance costs for affected persons:

The Commission does not anticipate that the change to the rule will have any compliance costs for affected persons.

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

The Commission does not anticipate that the rule change will have any fiscal impact on businesses. The proposed rule change will allow parties to submit documents that have been signed electronically, but they will not be required to do so. Parties will still be able to file paper copies with physical signatures.

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
Adjudication
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Heather Gunnarson at the above address, by phone at 801-536-7928, by FAX at 801-530-6333, or by Internet E-mail at hgunnarson@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:

10/01/2015

This rule may become effective on:

10/08/2015

Authorized by:

Sherrie Hayashi, Commissioner

R602. Labor Commission, Adjudication.

R602-1. General Provisions.

R602-1-4. Filing of Documents.

1. Pursuant to Section 34A-1-304 and subject to the limitations and requirements of this rule, a document required or permitted by statute or rule may be delivered by electronic means. All documents filed with the administrative law judge shall be filed with all other parties to the adjudicative proceeding and shall provide verification of mailing, electronic transmittal, or service on, all parties to whom copies of the documents are mailed or personally delivered.

2. Parties shall not file courtesy copies with the Division.

3. Delivery by electronic transmittal is limited to documents in PDF format delivered to sites specified by the Adjudication Division or the Commission. Documents delivered by electronic transmittal must include signatures. Electronic documents filed in non-PDF format are not considered delivered to the Division of Adjudication.

4. Each electronically transmitted document shall include a delivery certificate that lists the time and date on which the document was transmitted, the name of the person who transmitted the document, and the name and email address of each person or entity to which the document was transmitted. If a party utilizes delivery by electronic transmittal, the document filed must include an electronic address where the party may receive documents. The Adjudication Division and all opposing parties may use electronic transmittal as the sole method of delivery to that party.

5. The Adjudication Division and parties may sign an order, letter, pleading or other document using any form of signature recognized by law as binding including an electronic signature.

A. An "electronic signature" means an electronic process, symbol or other data in digital form attached to an electronically transmitted document and executed or adopted by a person with the intent to sign the record.

B. If a rule requires an affidavit or a notarized, verified or acknowledged signature the person may submit a declaration pursuant to Utah Code Section 78B-5-705. If a statute requires an affidavit or a notarized, verified or acknowledged signature and the party electronically files the paper, the signature shall be notarized pursuant to Utah Code Section 46-1-16.

[5]6. The first document delivered to the Adjudication Division becomes the original document filed. Any copies of the document filed with the Adjudication Division will not be retained.

 

KEY: witness fees, time, administrative procedures, filing deadlines

Date of Enactment or Last Substantive Amendment: [June 22, 2011]2015

Notice of Continuation: June 19, 2012

Authorizing, and Implemented or Interpreted Law: 34A-1-302; 34A-1-304; 63G-4-102 et seq.