No. 38021 (Amendment): Section R156-46b-202. Informal Adjudicative Proceedings

(Amendment)

DAR File No.: 38021
Filed: 09/24/2013 09:54:27 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to remove redundancy in this section of rule and to make technical corrections.

Summary of the rule or change:

Subsections R156-46b-202(1)(p), (q) and (r) are redundant with Subsections R156-46b-202(1)(c) and R156-46b-202(2) (b), respectively, and are being deleted in this filing. Subsections R156-46b-202(s) and (t) are renumbered accordingly.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 63G-4-102(6)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. The filing will not cause any other cost or savings impact because it merely removes redundancies and makes technical corrections.

local governments:

The proposed amendments only apply to licensees in professions and occupations regulated by the Division and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments merely remove redundancies and make technical corrections. Consequently, the Division does not anticipate any costs or savings impact to small businesses.

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

The proposed amendments merely remove redundancies and make technical corrections. Consequently, the Division does not anticipate any costs or savings impact to other persons.

Compliance costs for affected persons:

The proposed amendments merely remove redundancies and make technical corrections. Consequently, the Division does not anticipate any costs or savings impact to affected persons.

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

As stated in the rule analysis, this filing removes redundancies in existing provisions. No fiscal impact to businesses will result.

Francine A. Giani, Executive Director

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

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, 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:

11/14/2013

This rule may become effective on:

11/21/2013

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-46b. Division Utah Administrative Procedures Act Rule.

R156-46b-202. Informal Adjudicative Proceedings.

(1) The following adjudicative proceedings initiated by [a request for agency action]other than by a notice of agency action are classified as informal adjudicative proceedings:

(a) approval of application for initial licensure, renewal or reinstatement of licensure, or relicensure;

(b) denial of application for initial licensure or relicensure;

(c) denial of application for renewal or reinstatement of licensure;

(d) approval or denial of application for inactive or emeritus licensure status;

(e) board of appeal under Subsection 15A-1-207(3);

(f) approval or denial of claims against the Residence Lien Recovery Fund created under Title 38, Chapter 11;

(g) payment of approved claims against the Residence Lien Recovery Fund described in Subparagraph (g);

(h) approval or denial of request to surrender licensure;

(i) approval or denial of request for entry into diversion program under Section 58-1-404;

(j) matters relating to diversion program;

(k) citation hearings held in accordance with citation authority established under Title 58;

(l) approval or denial of request for modification of disciplinary order;

(m) declaratory order determining the applicability of statute, rule or order to specified circumstances, when determined by the director to be conducted as an informal adjudicative proceeding;

(n) approval or denial of request for correction of procedural or clerical mistakes;

(o) approval or denial of request for correction of other than procedural or clerical mistakes;

(p) [denial of application for renewal of:

(i) a contractor, plumber, electrician, or alarm company licensed under Title 58, Chapter 55;

(ii) a controlled substance licensee under Subsection 58-37-6(4)(g); and

(iii) a contract security company or armored car company for failure to replace a qualifier as required under Section 58-63-306;

(q) denial of application for reinstatement of:

(i) a contractor, plumber, electrician, or alarm company licensed under Title 58, Chapter 55;

(ii) a controlled substance licensee under Subsection 58-37-6(4)(g); and

(iii) a contract security company or armored car company for failure to replace a qualifier as required under Section 58-63-306;

(r) disciplinary proceedings against:

(i) a contractor, plumber, electrician, or alarm company licensed under Title 58, Chapter 55;

(ii) a controlled substance licensee under Subsection 58-37-6(4)(g); and

(iii) a contract security company or armored car company for failure to replace a qualifier as required under Section 58-63-306;

(s)] disciplinary sanctions imposed in a stipulation or memorandum of understanding with an applicant for licensure; and

([t]q) all other requests for agency action permitted by statute or rule governing the Division not specifically classified as formal adjudicative proceedings in Subsection R156-46b-201(1).

(2) The following adjudicative proceedings initiated by a notice of agency action are classified as informal adjudicative proceedings:

(a) nondisciplinary proceeding which results in cancellation of licensure;

(b) disciplinary proceedings against:

(i) a contractor, plumber, electrician, or alarm company licensed under Title 58, Chapter 55;

(ii) a controlled substance licensee under Subsection 58-37-6(4)(g); and

(iii) a contract security company or armored car company for failure to replace a qualifier as required under Section 58-63-306.

(c) disciplinary proceedings initiated by a notice of agency action and order to show cause concerning violations of an order governing a license;

(d) disciplinary proceedings initiated by a notice of agency action in which the allegations of misconduct are limited to one or more of the following:

(i) Subsection 58-1-501(2)(c) or (d); or

(ii) Subsections R156-1-501(1) through (5).

 

KEY: administrative procedures, government hearings, occupational licensing

Date of Enactment or Last Substantive Amendment: [October 9, 2012]2013

Notice of Continuation: January 31, 2011

Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)

 

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