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Home » 2013 Issues » Vol. 2013, No. 2 (01/15/2013) » No. 37139 (Repeal): Rule R612-11. Prohibition of Direct Payments by Insured Employer

  No. 37139 (Repeal): Rule R612-11. Prohibition of Direct Payments by Insured Employer  

  • (Repeal)

    DAR File No.: 37139
    Filed: 12/28/2012 02:40:50 PM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    The Labor Commission proposes to repeal this and other Industrial Accident Division rules in order to consolidate, reorganize, and reenact the substance of those rules in a format that is more logical and user friendly.

    Summary of the rule or change:

    The existing Rule R612-11 will be repealed in its entirety. The substance of the existing rule will be reenacted in new Rule R612-100. (DAR NOTE: The proposed new Rule R612-100 is under DAR No. 37124 in this issue, January 15, 2013, of the Bulletin.)

    State statutory or constitutional authorization for this rule:

    Anticipated cost or savings to:

    the state budget:

    Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to the state budget.

    local governments:

    Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to local government.

    small businesses:

    Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to small businesses.

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

    Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to other affected persons.

    Compliance costs for affected persons:

    The repeal of existing Rule R612-11 and reenactment of its substantive provisions in Rule R612-100 will not change interested parties' rights or duties and will not impose any compliance costs on affected persons.

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

    The repeal of existing Rule R612-11, coupled with reenactment of the rule's substantive provisions in the new Rule R612-100, is intended to make the rule easier to find and use by businesses and all other stakeholders in the workers' compensation system. The Commission does not anticipate that the improved organization of these rules will result in any fiscal impact on businesses.

    Sherrie Hayashi, Commissioner

    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:

    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:

    02/14/2013

    This rule may become effective on:

    02/21/2013

    Authorized by:

    Sherrie Hayashi, Commissioner

    RULE TEXT

    R612. Labor Commission, Industrial Accidents.

    [R612-11. Prohibition of Direct Payments by Insured Employer.

    R612-11-1. Authority.

    This rule is enacted under the authority of U.C.A. Sections 34A-1-104, 34A-2-201.3, and 63G-4-202(1) and is applicable to proceedings under section 34A-2-201.3 to assess a penalty for direct payment of workers' compensation benefits by an insured employer.

     

    R612-11-2. Designation as Informal Proceedings.

    Initial proceedings to assess such penalty are hereby designated as informal adjudicatory proceedings, while all subsequent proceedings with respect to assessment of such penalty are hereby designated as formal proceedings.

     

    KEY: workers' compensation, administrative procedures, reporting, settlements

    Date of Enactment or Last Substantive Amendment: August 11, 2008

    Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104; 78B-8-402; 78B-8-404]

     

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Document Information

Effective Date:
2/21/2013
Publication Date:
01/15/2013
Filed Date:
12/28/2012
Agencies:
Labor Commission,Industrial Accidents
Rulemaking Authority:

Section 34A-2-101 et seq.

Section 34A-3-101 et seq.

Section 34A-1-104 et seq.

Section 78B-8-402

Section 78B-8-404

Authorized By:
Sherrie Hayashi, Commissioner
DAR File No.:
37139
Related Chapter/Rule NO.: (1)
R612-11. Prohibition of Direct Payments by Insured Employer.