No. 35329 (5-year Review): Rule R438-10. Rules for Establishment of a Procedure to Examine the Blood of all Adult Pedestrians and all Drivers of Motor Vehicles Killed in Highway Accidents for the Presence and Concentration of Alcohol, for the ...  

  • DAR File No.: 35329
    Filed: 10/12/2011 12:15:54 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:

    This rule is authorized by Subsections 26-1-30(2)(q) and 26-1-30(2)(r) to: establish, maintain, and enforce a procedure requiring the blood of adult pedestrians and drivers of motor vehicles killed in highway accidents be examined for the presence and concentration of alcohol; provide the commissioner of public safety with monthly statistics reflecting the results of the examinations provided for in Subsection 26-1-30(2)(q); and provide safeguards so that information derived from the examinations is not used for a purpose other than the compilation of statistics authorized in Subsection 26-1-30(2)(r).

    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.

    Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

    This rule needs to continue until it is adequately replaced through statutory updating of highway death authorities.

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

    Health
    Disease Control and Prevention, Laboratory Services
    4431 S 2700 W
    TAYLORSVILLE, UT 84119

    Direct questions regarding this rule to:

    Authorized by:

    David Patton, Executive Director

    Effective:

    10/12/2011


Document Information

Effective Date:
10/12/2011
Publication Date:
11/01/2011
Filed Date:
10/12/2011
Agencies:
Health,Disease Control and Prevention, Laboratory Services
Authorized By:
David Patton, Executive Director
DAR File No.:
35329
Related Chapter/Rule NO.: (1)
R438-10. Rules for Establishment of a Procedure to Examine the Blood of all Adult Pedestrians and all Drivers of Motor Vehicles Killed in Highway Accidents for the Presence and Concentration of Alcohol, for the Purpose of Deriving Statistics Therefrom.