No. 27634 (Amendment): R151-14-3. Adjudicative Proceedings

DAR File No.: 27634
Filed: 12/30/2004, 04:33
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule changes the designation of adjudicative proceedings from informal to formal.

 

Summary of the rule or change:

As authorized by Subsection 13-14-107(2)(c) and Section 63-46b-4, this amendment designates adjudicative proceedings as formal. Appeals from a final decision will now be to the Court of Appeals and on the record, thus preserving the expertise of the Utah Motor Vehicle Franchise Advisory Board.

 

State statutory or constitutional authorization for this rule:

Section 63-46b-4 and Subsection 13-14-107(2)(c)

 

Anticipated cost or savings to:

the state budget:

A court reporter must be hired to transcribe the hearing in formal adjudicative proceedings, which is estimated at $200 per day. An estimated three cases reach the hearing stage each year, so the agency could potentially expend from $600 to $1,000 per year on transcription costs. However, this amount can be absorbed within the current budget for the agency.

 

local governments:

Local government is not affected by this rule. Therefore, there is no anticipated cost or savings to local government.

 

other persons:

There is no cost to other persons, because only the regulated industry which participates in adjudicative proceedings before this agency will be affected.

 

Compliance costs for affected persons:

The regulated industry currently expends much effort and funds in presenting cases before the agency. In a formal adjudication, the industry might choose to expend more effort and funds in preparing and presenting cases. Theoretically, however, an appeal on the record could reduce the likelihood of incurring subsequent costs through judicial review. Therefore, there may be a wash as to the costs incurred by the industry in preparation of cases. In addition, initial comments to the agency indicate that the industry is supportive of this change to formal adjudicative proceedings.

 

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

It is anticipated that there will be no fiscal impact to businesses in general resulting from this rule change; only the regulated industry will be affected by the procedures followed by the agency in its adjudicative proceedings.

 

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

Masuda Medcalf at the above address, by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at [e-mail]

 

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:

02/14/2005

 

This rule may become effective on:

02/15/2005

 

Authorized by:

Jason Perry, Deputy Director

 

 

RULE TEXT

R151. Commerce, Administration.

R151-14. New Automobile Franchise Act Rule.

R151-14-3. Adjudicative Proceedings.

(1) [Inf]Formal Proceeding. Pursuant to the authority granted by Section 13-14-10[4]7(2)(c), administrative and adjudicative proceedings [conducted ]before the Board shall be conducted [informally]as formal adjudicative proceedings.

(2) Applicable Rules. In addition to Title 63, Chapter 46b, Utah Administrative Procedures Act, any adjudicative proceedings required by the New Automobile Franchise Act shall be conducted in accordance with this rule and with the Department of Commerce Administrative Procedures Act Rule, R151-46b.

(3) Procedure for Substitution of Presiding Officer. In accordance with Sections 63-46b-2(1)(h) and 13-14-107(2), the Executive Director of the Department may upon his/her own motion substitute an administrative law judge as the presiding officer to conduct certain aspects of the adjudicative proceedings before the Board if he/she determines that fairness to the parties would not be compromised by such substitution. The substitution order shall give any party who feels that such substitution would compromise fairness an opportunity to request the Executive Director to reconsider the substitution by submitting written objections and supporting arguments to the Executive Director. Upon reconsideration, the Executive Director may leave the order intact or make such other orders as he/she deems appropriate.

(4) Submissions. Except as otherwise expressly required or permitted in this Rule or in the New Automobile Franchise Act, all correspondence or other submissions shall be directed to the Chair of the Utah Motor Vehicle Franchise Advisory Board at the Utah Department of Commerce.

(5) Form of Pleadings. A request for approval of an act regulated by the New Automobile Franchise Act shall be commenced by the filing of a pleading headed "BEFORE THE DEPARTMENT OF COMMERCE" and captioned "Request for Agency Action." The pleading shall be substantially in compliance with the Utah Administrative Procedures Act, Section 63-46b-3, and the Department of Commerce Administrative Procedures Act Rule, R151-46b-7.

(6) Answer. If the presiding officer determines that an answer to any request for agency action would be helpful to the proceedings, the presiding officer may order a party to the proceedings to file an answer.

(7) Memoranda. If the presiding officer determines that prehearing briefs would be helpful to the proceedings, the presiding officer may order the parties to submit memoranda in accordance with any scheduling order entered by the presiding officer.

(8) GRAMA. Any requests for records of the proceedings before the Board will be governed by GRAMA (Government Records Access and Management Act), Utah Code Ann. Section 63-2-101 et seq. Any schedule of records classifications maintained by the Department shall be made available to the parties upon request.

 

KEY: automobiles, motor vehicles, franchises, recreational vehicles

[June 17, 2003]February 15, 2005

Notice of Continuation November 14, 2001

13-14-101 et seq.