DAR File No. 44167

Public Safety, Driver License

Rule R708-8

Review Process: Driver License Medical Section

Notice of Proposed Rule

(Amendment)

DAR File No.: 44167
Filed: 10/30/2019 11:37:24 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These rule changes are being made to update the name of Functional Ability in Driving: Guidelines and Standards for Health Care Professionals, which was updated by the Medical Advisory Board. In addition, changes have been made to address which members of the Medical Advisory Board should receive information to make an educated recommendation in the field of knowledge.

Summary of the rule or change:

The Medical Advisory Board recommended that the Division of Driver License (Division) modify the name of the Functional Ability Guidelines to the Functional Ability in Driving: Guidelines and Standards for Health Care Professionals. This change requires the administrative rule to be updated to reflect the correct title. These amendments also clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review. In addition, changes were made to ease readability in Section R708-8-4 of this rule.

Statutory or constitutional authorization for this rule:

• Section 53-3-224
• Section 53-3-303

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget as a result of these rule amendment because the purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review.

local governments:

There is not an anticipated cost or savings to local governments as a result of these rule amendments because the purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review.

small businesses:

There is not an anticipated cost or savings to small businesses as a result of these rule amendments because the purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review.

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

There is not an anticipated cost or savings to persons other than small businesses, businesses, or local government entities as a result of these rule amendments because the purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review.

Compliance costs for affected persons:

There is not an anticipated compliance cost for affected persons as a result of these rule amendments because the purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review.

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

There are no non-small businesses that will be impacted by these rule amendments. The purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review.

Jess L. Anderson, Commissioner

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:

• 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
• Tara Zamora at the above address, by phone at 801-964-4483, by FAX at 801-964-4482, or by Internet E-mail at tarazamora@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:

12/16/2019

This rule may become effective on:

12/24/2019

Authorized by:

Chris Caras, Director

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

There are no non-small businesses that will be impacted by these rule amendments. These amendments only modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review.

 

The head of department of Public Safety, Commissioner Jess Anderson, has reviewed and approved this fiscal analysis.

 

 

R708. Public Safety, Driver License.

R708-8. Review Process: Driver License Medical Section.

R708-8-1. Step One.

When competent evidence is received by the Department that a driver license applicant or licensee has physical, mental or emotional conditions which may impair his ability to safely operate a motor vehicle, the department may act to restrict or deny the applicant or licensee's driving privilege by applying the [Driver License Medical Advisory Board's Physician's Guidelines.]"Functional Ability in Driving: Guidelines and Standards for Health Care Professionals".

The decision to limit or deny privileges may also be based, in part, upon informal consultation between the department and one or more members of the Medical Advisory Board.

 

R708-8-2. Step Two.

53-3-303 requires the aggrieved applicant or licensee to notify this department of their desire for a medical review of the above action in writing within ten (10) days after the receipt of notice of such action.

 

R708-8-3. Step Three.

The Department (Driver License - Medical Section) upon receipt of a written request for review, will contact the Driver License Medical Advisory Board [chairperson for his recommendation regarding which board members should be contacted to constitute a panel. These members will then be contacted by the department ]and will [be ]give[n] a time, date and location within sixty (60) days after receipt of the request at which to meet in order to review the medical evidence. The Driver License Division Director or his designate shall also attend the review meeting. Unless otherwise agreed upon, such meetings will be held after regular office hours. The applicant or licensee will be notified by the department of the date on which their case will be reviewed and may submit any type of written, photographic or otherwise documented medical evidence in their behalf to the department for the panel's consideration. The applicant may be requested by the Driver License Medical Advisory Board to appear in person during the review in order to answer questions regarding their medical condition.

The panel shall review the matters and make written findings and conclusions pursuant to which the department shall affirm or modify its previous action. It shall be the policy of the department to adhere as closely as possible to the panel's recommendations regarding licensure of the applicant. The applicant or licensee shall be notified in writing at their last known address of the Department's decision to uphold or modify its original action as soon as possible following the review.

 

R708-8-4. Step Four.

If new[, relevant and heretofore undisclosed] medical evidence which is [germane]relevant to the applicant or licensee's case should develop following the panel's findings and conclusions, such evidence may be presented to the department and the applicant or licensee's case will be reviewed by the department in light of this evidence.

 

R708-8-5. Step Five.

If the applicant is further aggrieved by the department's decision following the above review process, they may appeal to the courts for judicial review as provided for by Section 53-3-224.

 

KEY: administrative procedures , legislative procedures

Date of Enactment or Last Substantive Amendment: [1992]2019

Notice of Continuation: January 8, 2017

Authorizing, and Implemented or Interpreted Law: 53-3-303; 53-3-224