DAR File No. 43126
This notice was published in the August 15, 2018, issue (Vol. 2018, No. 16) of the Utah State Bulletin.
Labor Commission, Adjudication
Procedures for Resolving Disputes Regarding "Cooperation" and "Diligent Pursuit" Under Subsection 34A-2-413(6)(e)(iii) and Subsection 34A-2-413(9) Consistent with Utah Administrative Code Subsection R612-200-7(D)(4)
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 43126
Filed: 08/01/2018 08:42:21 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 34A-1-104(1) and Section 34A-1-304 authorize the Labor Commission (Commission) to adopt rules and conduct adjudicative proceedings relating to the administration of the Utah Workers' Compensation Act (Act). Subsection 34A-2-413(6)(c)(iii) of the Act requires an administrative law judge to issue a decision on a claim for permanent total disability benefits based on an employer's failure to pursue a reemployment plan. Subsection 34A-2-413(9) of the Act requires an administrative law judge to dismiss a claim for permanent total disability benefits based on an employee's failure to cooperate with an approved reemployment plan. In order to administer an orderly adjudication system, it is necessary for the Commission to establish procedural requirements for hearings related to an employer's failure to pursue a reemployment plan or an employee's failure to cooperate with a reemployment plan.
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 comments have been received during and since the last five-year review of this rule from interested persons.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule remains necessary in order to govern the hearing process for decisions related to an employer's failure to pursue a reemployment plan or an employee's failure to cooperate with a reemployment plan. 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:Labor Commission
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Christopher Hill at the above address, by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at firstname.lastname@example.org
Jaceson Maughan, Commissioner
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/2018/b20180815.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 Christopher Hill at the above address, by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.