No. 27595: R612-9. Designation of the Initial Assessment of Noncompliance Penalties as an Informal Proceeding

DAR File No.: 27595
Filed: 12/17/2004, 10:25
Received by: NL

 

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:

Section 34A-1-104 of the Labor Commission Act, in conjunction with Section 63-46b-4 of the Administrative Procedures Act, authorizes the commission to designate various adjudicative proceedings as either "formal" or "informal." Section 34A-2-211 of the Workers' Compensation Act establishes an adjudicative procedure for assessing penalties against employers who fail to provide workers' compensation insurance coverage. Rule R612-9 designates the initial level of such proceedings as "informal," and any subsequent proceedings as "formal."

 

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.

 

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

Because the penalty assessment procedures of Section 34A-2-211 remain in effect, it remains necessary to designate the various components of that procedure as either "informal" or "formal" under the Administrative Procedures Act; and therefore, this rule should be continued.

 

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

Labor Commission
Industrial Accidents
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Joyce Sewell at the above address, by phone at 801-530-6988, by FAX at 801-530-6804, or by Internet E-mail at [e-mail]

 

Authorized by:

R Lee Ellertson, Commissioner