DAR File No. 39730

This notice was published in the October 1, 2015, issue (Vol. 2015, No. 19) of the Utah State Bulletin.


Administrative Services, Administrative Rules

Rule R15-5

Administrative Rules Adjudicative Proceedings

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39730
Filed: 09/11/2015 11:48:02 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Sections 63G-3-301 and 63G-4-202 permit an agency to designate adjudicative proceedings as informal. If the agency chooses to do so, it must do so by rule. Section 63G-4-503 requires each agency to issue rules that govern procedures for declaratory orders. Subsection 63G-3-402(1)(n) requires the division to administer the Utah Administrative Rulemaking Act, Title 63G, Chapter 3.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received since this rule was last reviewed.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Upon review of this rule, the Division has determined that it is no longer necessary because statute provides: 1) that the division has authority to make nonsubstantive changes; and 2) a process for a person to challenge an administrative rule. The Division has provided this review to comply with the procedures of Section 63G-3-305 and intends to file a notice of proposed rule to repeal this rule in the near future.

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

Administrative Services
Administrative Rules
Room 5110 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

  • Michael Broschinsky at the above address, by phone at 801-538-3003, by FAX at 801-537-9240, or by Internet E-mail at mbroschi@utah.gov

Effective:

09/11/2015

Authorized by:

Patricia Smith-Mansfield, Director


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation 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/b20151001.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.

For questions regarding the content or application of this rule, please contact Michael Broschinsky at the above address, by phone at 801-538-3003, by FAX at 801-537-9240, or by Internet E-mail at mbroschi@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.