No. 35547 (5-year Review): Rule R698-1. Public Petitions for Declaratory Orders

DAR File No.: 35547
Filed: 12/16/2011 02:24:25 PM

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:

As required by Section 63G-4-503, this rule provides the procedures for submission, review and disposition of petitions for agency declaratory orders on the applicability of statutes, rules, and orders governing or issued by the agency. In order of importance, procedures governing declaratory orders are: procedures specified in this rule pursuant to Title 63G, Chapter 4; the applicable procedures of Title 63G, Chapter 4; applicable procedures of other governing state and federal law; and the Utah Rules of Civil Procedure.

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 or 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:

Continuation of Rule R698-1 is required by statute, and provides the ability for persons to petition the applicability of statutes, rules, and orders within the primary jurisdiction of the agency. 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:

Public Safety
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 1ST FLR
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

• Amy Lightfoot at the above address, by phone at 801-718-7901, by FAX at 801-965-4608, or by Internet E-mail at [e-mail]

Authorized by:

Lance Davenport, Commissioner

Effective:

12/16/2011

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