No. 32051 (Amendment): R710-2-8. Adjudicative Proceedings

DAR File No.: 32051
Filed: 10/15/2008, 07:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board met on 09/09/2008 in a regularly scheduled Board meeting and passed by motion and unanimous vote to update Section R710-2-8.

Summary of the rule or change:

The proposed rule amendments are as follows: 1) in Subsections R710-2-8(8.2) through (8.2.5), the Board proposes to add verbiage that makes the rule sections consistent with the other adopted rules of the Board; 2) in Subsection R710-2-8(8.2.7) through (8.2.9), the Board proposes to add additional requirements of unacceptable behavior that could cause a person to have their license denied, suspended or revoked; and 3) in Subsection R710-2-8(8.8), the Board proposes to add a new section that allows a person who has lost their license to reapply to the Board for consideration of reinstatement after a three-year period of suspension or revocation.

State statutory or constitutional authorization for this rule:

Sections 53-7-204 and 53-7-223

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget because the enactment of these proposed rule changes will clean up and update the rule, but will not have an effect on the state budget.

local governments:

There is no aggregate anticipated cost or savings to local government because these proposed rule changes have an effect on those that license as importers, wholesalers, and professional pyrotechnic display operators who are overseen by the state, not local government.

small businesses and persons other than businesses:

There is no aggregate anticipated cost or savings to small businesses because these proposed updates clean up Section R710-2-8 making it consistent with the other adopted rules and have no affect on small businesses.

Compliance costs for affected persons:

There is no compliance costs for affected persons because these proposed rule amendments clean up and update Section R710-2-8 and do not require any compliance costs to do so for those defined as affected persons.

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

There will be no fiscal impact on businesses by the enactment of these proposed rule amendments. Scott T. Duncan, Commissioner

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

Public Safety
Fire Marshal
5272 S COLLEGE DR
MURRAY UT 84123-2611

Direct questions regarding this rule to:

Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, 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:

12/01/2008

This rule may become effective on:

12/08/2008

Authorized by:

Ron L. Morris, Utah State Fire Marshal

RULE TEXT

R710. Public Safety, Fire Marshal.

R710-2. Rules Pursuant to the Utah Fireworks Act.

R710-2-8. Adjudicative Proceedings.

8.1 All adjudicative proceedings performed by the agency shall proceed informally as set forth herein and as authorized by UCA, Sections 63G-4-202 and 63G-4-203.

8.2 The issuance, renewal, or continued validity of a license may be denied, suspended or revoked, if the SFM, or his authorized deputies finds that the applicant, person employed for, the person having authority and management of a concern[, or the person in question] commits any of the following violations:

8.2.1 The person or applicant is not the real person in interest.

8.2.2 The person of applicant provides [M]material misrepresentation or false statement [in]on the application.

8.2.3 The person or applicant refuses[Refusal] to allow inspection by the AHJ.

8.2.4 The person or applicant for a license does not possess the qualifications of skill or competence to conduct operations for which application is made, as evidenced by failure to pass the examination or demonstrate practical skills.

8.2.5 The person or applicant has been convicted of one or more federal, state or local laws[any of the following:

8.2.5.1 a violation of the provisions of these rules;

8.2.5.2 a crime of violence or theft; or

8.2.5.3 any crime that bears upon the person or applicant's ability to perform their functions and duties].

8.2.6 Failure to accurately complete the Pyrotechnician's After Action Report for Fireworks Display form.

8.2.7 The person or applicant has been convicted of a violation of the adopted rules or been found by a Board administrative proceeding to have violated the adopted rules.

8.2.8 Any offense or finding of unlawful conduct, or there is or may be, a threat to the public's health or safety if the applicant or person were granted a license or certificate of registration.

8.2.9 There are other factors upon which a reasonable and prudent person would rely to determine the suitability of the applicant or person to safely and competently engage in the practice of servicing portable fire extinguishers.

8.3 A person may request a hearing on a decision made by the AHJ, by filing an appeal to the Board within 20 days after receiving final notice from the AHJ.

8.4 All adjudicative proceedings, other than criminal prosecution, taken by the AHJ to enforce the Utah Fire Prevention and Safety Act, and these rules, shall commence in accordance with UCA, Section 63G-4-201.

8.5 The Board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved.

8.6 The Board shall direct the SFM to issue a signed order to the parties involved giving the decision of the Board within a reasonable time of the hearing pursuant to UCA, Section 63G-4-203.

8.7 Reconsideration of the Board's decision may be requested in writing within 20 days of the date of the decision pursuant to UCA, Section 63G-4-302.

8.8 After a period of three years from the date of revocation, the Board shall review the submitted written application of a person whose license or certificate of registration has been revoked. After timely notice to all parties involved, the Board shall convene to review the revoked persons application, and that person shall be allowed to present themselves and their case before the Board. After the hearing, the Board shall direct the SFM to allow the person to complete the licensing or certification process or shall direct that the revocation be continued.

8.[8]9 Judicial review of all final Board actions resulting from informal adjudicative proceedings shall be conducted pursuant to UCA, Section 63G-4-402.

 

KEY: fireworks

Date of Enactment or Last Substantive Amendment: [May 23,]December 8, 2008

Notice of Continuation: June 4, 2007

Authorizing, and Implemented or Interpreted Law: 53-7-204