DAR File No. 41035
This notice was published in the December 15, 2016, issue (Vol. 2016, No. 24) of the Utah State Bulletin.
Commerce, Consumer Protection
Utah Administrative Procedures Act Rules
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 41035
Filed: 12/01/2016 08:11:36 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:
Subsection 13-2-5(1) gives the Director of the Division of Consumer Protection (Division) authorization to issue rules to administer and enforce the chapters listed in Section 13-2-1. In addition, Subsection 63G-4-202(1) gives the Division authorization to designate categories of adjudicative proceedings as informal.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
The Division is not aware of any written comments regarding the rules. The interpretation of these rules is at times the subject of informal proceedings before the Division.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
Section 63G-4-201 allows agencies to designate hearings as informal. In this rule, the agency designates its hearings as informal in accordance with that statute. Section R152-6-2 designates the Director as the Division's presiding officer, but allows the Director to designate another person to act in his stead, see Section 63G-4-103. Given the volume of Division cases, designation of a presiding officer is critical for the completion of other duties by the Director. Therefore, this rule should be continued.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Commerce
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Jacob Hart at the above address, by phone at 801-530-6636, by FAX at , or by Internet E-mail at firstname.lastname@example.org
Daniel O'Bannon, Director
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/2016/b20161215.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 Jacob Hart at the above address, by phone at 801-530-6636, by FAX at , or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.