DAR File No. 44015

This rule was published in the September 15, 2019, issue (Vol. 2019, No. 18) of the Utah State Bulletin.


Commerce, Administration

Section R151-4-901

Availability of Agency Review and Reconsideration

Notice of Proposed Rule

(Amendment)

DAR File No.: 44015
Filed: 08/23/2019 01:59:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment adds the Regulatory Sandbox Program (Program) to the list of proceedings where agency review is not available, and a motion for reconsideration is available. As proceedings for the Program are already held at the Department of Commerce (Department) level, an agency review to the Department would be largely duplicative.

Summary of the rule or change:

Subsection R151-4-901(2)(a) is amended to add the Program to the list of orders or decisions for which agency review is not available.

Statutory or constitutional authorization for this rule:

  • Subsection 63G-4-102(6)
  • Section 13-1-6

Anticipated cost or savings to:

the state budget:

This rule provides procedural guidance for the Program proceedings and will therefore not impact state budget, as occasional reconsiderations are consistent with the previously anticipated cost of regulating the Program.

local governments:

Because local governments are not involved in the procedures being updated by this amendment, this proposed amendment is not expected to have any impact on local governments' revenues or expenditures.

small businesses:

This rule change may result in a modest benefit to small businesses involved in the Program administrative proceedings relative to the cost of participation in an agency review. However, as a new program, there is no data available to evaluate the number of proceedings the Program will have over the next three years (if it even has any such proceedings), nor the cost savings of an agency review versus reconsideration. Therefore, the benefit to these small businesses is inestimable.

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

This rule change may result in a modest benefit to other persons involved in the Program administrative proceedings relative to the cost of participation in an agency review. However, as a new program, there is no data available to evaluate the number of proceedings the Program will have over the next three years (if it even has any such proceedings), nor the cost savings of an agency review versus reconsideration. Therefore, the benefit to these other persons is inestimable.

Compliance costs for affected persons:

This proposed amendment is not expected to impose any compliance costs on affected persons as it does not have a regulatory component beyond the statute.

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

The Regulatory Sandbox Program (Program) was adopted in the 2019 General Session under H.B. 378. The Program allows a participant to temporarily test an innovative financial product or service on a limited basis without otherwise being licensed or authorized to act under the laws of the state. This rule amendment adds the Program to the list of proceedings where agency review is not available, and a motion for reconsideration is available. As proceedings for the Program are already held at the Department level, an agency review to the Department would be largely duplicative. This amendment may result in a modest benefit to small businesses involved in the Program administrative proceedings relative to the cost of participation in an agency review. However, as a new program, there is no data available to evaluate the number of proceedings the Program will have over the next three years (if it even has any such proceedings), nor the cost savings of an agency review versus reconsideration. Therefore, the benefit to businesses is inestimable.

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
Administration
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 jfhart@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:

10/15/2019

This rule may become effective on:

10/23/2019

Authorized by:

Jacob Hart, Deputy Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0





Fiscal Benefits




State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0





Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This rule amendment may result in a modest benefit to non-small businesses involved in Regulatory Sandbox Program administrative proceedings relative to the cost of participation in an agency review. However, as a new program, there is no data available to evaluate the number of proceedings the Regulatory Sandbox Program will have over the next three years (if it even has any such proceedings), nor the cost savings of an agency review versus reconsideration. Therefore, the benefit to these non-small businesses is inestimable.

 

Francine Giani, Executive Director, has reviewed and approved this fiscal analysis.

 

 

R151. Commerce, Administration.

R151-4. Department of Commerce Administrative Procedures Act Rule.

R151-4-901. Availability of Agency Review and Reconsideration.

(1)(a) Except as otherwise provided in Subsection 63G-4-209(3)(c), an aggrieved party may obtain agency review of a final order by filing a request with the executive director within 30 calendar days after the issuance of the order.

(b) This 30-day deadline is jurisdictional. The three-day mailing rule in Section 151-4-107(3) does not apply and does not extend the jurisdictional deadline.

(c) Pursuant to Subsection 63G-4-102(9), the Executive Director may extend the deadline only for good cause shown. For purposes of this section R151-4-901, good cause to justify an extension means special circumstances beyond the control of the person requesting agency review that prevents a timely filing of the request.

(2)(a) Agency review is not available for an order or decision entered by:

(i) the Utah Motor Vehicle Franchise Advisory Board;[ or]

(ii) the Utah Powersport Vehicle Franchise Advisory Board; or[.]

(iii) the Utah Department of Commerce under Title 13, Chapter 55, Regulatory Sandbox Program.

(b) Agency review is not available for an order or decision entered by the Division of Occupational and Professional Licensing for:

(i) Prelitigation proceedings under Title 78B, Chapter 3, the Utah Health Care Malpractice Act;

(ii) a request for modification of a disciplinary order; or

(iii) a request under Section 58-1-404(4) for entry into the Diversion Program.

(c) Agency review is not available for an order or decision entered by the Division of Corporations and Commercial Code for:

(i) refusal to file a document under the Utah Revised Business Corporations Act pursuant to Section 16-10a-126;

(ii) revocation of a foreign corporation's authority to transact business pursuant to Section 16-10a-1532;

(iii) refusal to file a document under the Utah Revised Limited Liability Company Act pursuant to Section 48-3a-209; or

(iv) denial of reinstatement under the Uniform Limited Cooperative Association Act pursuant to Section 16-16-1213.

(d)(i) A party may request agency reconsideration pursuant to Section 63G-4-302 for an order or decision exempt from agency review under R151-4-901(2)(a), (2)(b)(ii), and (2)(c).

(ii) Pursuant to Subsections 58-1-404(4)(d) and 78B-3-416(1)(c), agency reconsideration is not available for an order or decision exempt from agency review under R151-4-901(2)(b)(i) and (2)(b)(iii).

 

KEY: administrative procedures, adjudicative proceedings, government hearings

Date of Enactment or Last Substantive Amendment: [October 11, 2018]2019

Notice of Continuation: March 15, 2016

Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)


Additional Information

More information about a Notice of Proposed Rule 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/2019/b20190915.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.

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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 jfhart@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.