DAR File No. 41169

Commerce, Occupational and Professional Licensing

Section R156-46b-202

Informal Adjudicative Proceedings

Notice of Proposed Rule

(Amendment)

DAR File No.: 41169
Filed: 01/12/2017 09:49:34 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 265 passed during the 2016 General Session, required the Division to make rules to allow a psychiatrist or a psychiatric mental health nurse practitioner to apply for and receive a tax credit certificate from the Division under certain circumstances. The amendments to this rule help accomplish that mandate.

Summary of the rule or change:

This section is amended to include in the classification of an informal adjudicative proceeding, initiated by other than a notice of agency action, the Division's approval or denial of an application for a tax credit certificate under Section 58-1-111.

Statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 63G-4-102(6)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. The designation of these matters as informal adjudicative proceedings will reduce the time and expense incurred by the Division in processing the applications. The amount of the savings cannot be estimated as it will vary depending on circumstances.

local governments:

The proposed amendment only applies to psychiatrists or psychiatric mental health practitioners who apply for a tax credit certificate. As a result, the proposed amendments do not apply to local governments.

small businesses:

No cost to small business is anticipated as a result of this amendment. There may be some savings to small business owners who submit applications, due to the reduced time and expense that will be required to process their applications. The amount of the savings cannot be estimated as it will vary depending on circumstances.

persons other than small businesses, businesses, or local governmental entities:

No cost to licensees is anticipated as a result of this amendment. There may be some savings to licensees who submit applications due to the reduced time and expense that will be required to process their applications. The amount of the savings cannot be estimated as it will vary depending on the circumstances.

Compliance costs for affected persons:

The proposed amendment only applies to psychiatrists or psychiatric mental health practitioners who apply for a tax credit certificate. The Division anticipates no compliance costs for these affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

Section R156-46b-202 is amended to meet the mandate of H.B. 265 (2016). The amendment adds to the list of adjudicative proceedings that are classified as informal adjudicative proceedings the approval or denial of application for a tax credit certificate by a psychiatrist, psychiatric mental health nurse practitioner, or volunteer retired psychiatrist. No fiscal impact on businesses will result from this change.

Francine A. Giani, Executive Director

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

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Dane Ishihara at the above address, by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@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:

03/03/2017

This rule may become effective on:

03/10/2017

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-46b. Division Utah Administrative Procedures Act Rule.

R156-46b-202. Informal Adjudicative Proceedings.

(1) The following adjudicative proceedings initiated by other than a notice of agency action are classified as informal adjudicative proceedings:

(a) approval of application for initial licensure, renewal or reinstatement of licensure, or relicensure;

(b) denial of application for initial licensure or relicensure;

(c) denial of application for renewal or reinstatement of licensure;

(d) approval or denial of application for inactive or emeritus licensure status;

(e) board of appeal under Subsection 15A-1-207(3);

(f) approval or denial of claims against the Residence Lien Recovery Fund created under Title 38, Chapter 11;

(g) payment of approved claims against the Residence Lien Recovery Fund described in Subparagraph (g);

(h) approval or denial of request to surrender licensure;

(i) approval or denial of request for entry into diversion program under Section 58-1-404;

(j) matters relating to diversion program;

(k) citation hearings held in accordance with citation authority established under Title 58;

(l) approval or denial of request for modification of disciplinary order;

(m) declaratory order determining the applicability of statute, rule or order to specified circumstances, when determined by the director to be conducted as an informal adjudicative proceeding;

(n) approval or denial of request for correction of procedural or clerical mistakes;

(o) approval or denial of request for correction of other than procedural or clerical mistakes;

(p) disciplinary sanctions imposed in a stipulation or memorandum of understanding with an applicant for licensure;[and]

(q) approval or denial of application for a tax credit certificate by a psychiatrist, psychiatric mental health nurse practitioner, or volunteer retired psychiatrist under Section 58-1-11; and

([q]r) all other requests for agency action permitted by statute or rule governing the Division not specifically classified as formal adjudicative proceedings in Subsection R156-46b-201(1).

(2) The following adjudicative proceedings initiated by a notice of agency action are classified as informal adjudicative proceedings:

(a) nondisciplinary proceeding which results in cancellation of licensure;

(b) disciplinary proceedings against:

(i) a contractor, plumber, electrician, or alarm company licensed under Title 58, Chapter 55;

(ii) a controlled substance licensee under Subsection 58-37-6(4)(g); and

(iii) a contract security company or armored car company for failure to replace a qualifier as required under Section 58-63-306.

(c) disciplinary proceedings initiated by a notice of agency action and order to show cause concerning violations of an order governing a license;

(d) disciplinary proceedings initiated by a notice of agency action in which the allegations of misconduct are limited to one or more of the following:

(i) Subsection 58-1-501(2)(c) or (d); or

(ii) Subsections R156-1-501(1) through (5).

 

KEY: administrative procedures, government hearings, occupational licensing

Date of Enactment or Last Substantive Amendment: [November 21, 2013]2017

Notice of Continuation: January 5, 2016

Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)