No. 38112 (5-year Review): Rule R602-5. Procedures for Resolving Disputes Regarding "Cooperation" and "Diligent Pursuit" Under Subsection 34A-2-413(6)(e)(iii) and Subsection 34A-2-413(9) Consistent with Utah Administrative Code Subsection R612-1-10(...

DAR File No.: 38112
Filed: 11/08/2013 11:03:31 AM

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:

Subsection 34A-1-104(1) and Section 34A-1-304 authorize the Labor Commission to adopt rules and conduct adjudicative proceedings relating to the administration of the Utah Workers' Compensation Act. Subsection 34A-2-413(6)(e)(iii) of the Act requires an administrative law judge to issue a decision on a claim for permanent total disability benefits based on an employer's failure to pursue a reemployment plan. Subsection 34A-2-413(9) of the Act requires an administrative law judge to dismiss a claim for permanent total disability benefits based on an employee's failure to cooperate with an approved reemployment plan. In order to administer an orderly adjudication system, it is necessary for the Commission to establish procedural requirements for hearings related to an employer's failure to pursue a reemployment plan or an employee's failure to cooperate with a reemployment plan.

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 and since the last five-year review of the rule from interested persons.

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

This rule remains necessary in order to govern the hearing process for decisions related to an employer's failure to pursue a reemployment plan or an employee's failure to cooperate with a reemployment plan. 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:

Labor Commission
Adjudication
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Heather Gunnarson at the above address, by phone at 801-536-7928, by FAX at 801-530-6333, or by Internet E-mail at [e-mail]

Effective:

11/08/2013

Authorized by:

Sherrie Hayashi, Commissioner

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