DAR File No. 40797
This rule was published in the October 1, 2016, issue (Vol. 2016, No. 19) of the Utah State Bulletin.
Adjudicative Proceedings Under the Vocational Rehabilitation Act
Notice of Proposed Rule
DAR File No.: 40797
Filed: 09/15/2016 05:41:01 PM
Purpose of the rule or reason for the change:
Repealing Rule R280-150 is in response to H.B. 325, Office of Rehabilitation Services Amendments, from the 2016 General Session. Effective 10/01/2016, state law provides for the Utah State Office of Rehabilitation (USOR) to move from under the direction of the Utah State Board of Education (Board) and Superintendent to under the direction of the Department of Workforce Services and its executive director, at which time the Board will no longer have statutory and rulemaking authority over the USOR.
Summary of the rule or change:
Rule R280-150 is repealed in its entirety.
Statutory or constitutional authorization for this rule:
- Section 53A-24-103
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to the state budget.
Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to local government.
Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
Rule R280-150 is repealed in its entirety, which likely will not result in any compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
To the best of my knowledge, there should be no fiscal impact on businesses as a result of the amendments to this rule.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org
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:
Angela Stallings, Associate Superintendent, Policy and Communication
R280. Education, Rehabilitation.
R280-150. Adjudicative Proceedings Under the Vocational
"Board" means the Utah State Board of
R280-150-2. Authority and Purpose.
A. This rule is authorized by 53A-24-103 which places the
Utah State Office of Rehabilitation under the policy direction of
the Board and under the direction and general supervision of the
Superintendent of Public Instruction, and Section 53A-1-401(3)
which allows the Board to adopt rules in accordance with its
responsibilities. B. The purpose of this rule is to specify standards and
procedures for adjudication of disputes under the Vocational
R280-150-3. Standards and Procedures.
A. As its rules for adjudicative proceedings under the
Vocational Rehabilitation Act, the Board adopts and hereby
incorporates by reference: 34 C.F.R. 361.57, 2001 edition, which
adopts, defines, and publishes procedures for review of state
rehabilitation service decisions, including alternative dispute
resolution through mediation; and B. The Board shall act in accordance with: (1) Subsection V of the Rehabilitation Act of 1973, 29
U.S.C.A. 794; and (2) The Utah State Office of Rehabilitation Case Service
Manual, Chapter 21, approved on May 1, 2012.
KEY: administrative procedures, rules and procedures
Date of Enactment or Last Substantive Amendment: July 8,
Notice of Continuation: May 15, 2014
Authorizing, and Implemented or Interpreted Law: 53A-24-103;
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/2016/b20161001.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.
Text to be deleted is struck through and surrounded by brackets ([
example]). Text to be added is underlined (). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.