DAR File No. 41129

Public Safety, Driver License

Rule R708-8

Review Process: Driver License Medical Review Section

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41129
Filed: 01/08/2017 10:56:52 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 53-3-104(13) authorizes the Division to make rules to support the Driver License Medical Advisory Board created in Section 53-3-303. Pursuant to Subsections 53-3-303(10) and (11), this rule outlines the steps for Division employees and the public that will be used when determining a drivers medical competence to drive. It outlines the driver's responsibilities and the process of review by the medical advisory board. This information is also provided to the driver in letters. Section 53-3-224 outlines the process for filing a petition for hearing or judicial review of a decision made by the Division.

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 public comment was received in reference to this rule.

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

This rule is set in place to accomplish the legislative intent set forth in Section 53-3-303 as it pertains to a driver's right to have a review of any action taken by the Division as it pertains to a suspension, revocation, denial, disqualification, cancellation, or restriction placed upon the applicant's driving privilege as a result of a physical, mental, or emotional condition which may impair the applicant's ability to safely operate a motor vehicle. This rule sets forth clear guidelines and establishes a process that organizes this Division to help ensure due process of law as it pertains to any actions imposed on the driver. Each step creates an obligation for the Division, Medical Board, and the driver in ensuring that a proper review is conducted when an aggrieved applicant or licensee wishes to petition the state as is the applicant's right established in Section 53-3-224. 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:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov

Effective:

01/08/2017

Authorized by:

Chris Caras, Director