DAR File No. 40797

Education, Rehabilitation

Rule R280-150

Adjudicative Proceedings Under the Vocational Rehabilitation Act

Notice of Proposed Rule

(Repeal)

DAR File No.: 40797
Filed: 09/15/2016 05:41:01 PM

RULE ANALYSIS

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Rule R280-150 is repealed in its entirety.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Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to the state budget.

local governments:

Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to local government.

small businesses:

Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to small businesses.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Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.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Rule R280-150 is repealed in its entirety, which likely will not result in any compliance costs for affected persons.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
Rehabilitation
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 angie.stallings@schools.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:

10/31/2016

This rule may become effective on:

11/07/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R280. Education, Rehabilitation.

[R280-150. Adjudicative Proceedings Under the Vocational Rehabilitation Act.

R280-150-1. Definitions.

"Board" means the Utah State Board of Education.

 

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 Rehabilitation Act.

 

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, 2014

Notice of Continuation: May 15, 2014

Authorizing, and Implemented or Interpreted Law: 53A-24-103; 53A-1-401(3)]