No. 40990 (5-year Review): Rule R428-5. Appeal and Adjudicative Proceedings

DAR File No.: 40990
Filed: 11/10/2016 07:03:53 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 allowed by Section 26-33a-104 and Title 63G, Chapter 4, Utah Administrative Procedures Act. It is necessary to clarify administrative adjudicative procedures under the Utah Administrative Procedures Act.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Office of Health Care Statistics has not received any written comments since the last five-year review of the rule from interested persons supporting or opposing the rule. Only general inquires have been made and responded to by the Office. On 11/08/2016, the Health Data Committee (HDC) voted with unanimous consent to extend Rule R428-5.

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

Rule R428-5 outlines the formal adjudicative procedures for administrative adjudicative actions of the HDC. The Utah Administrative Procedures Act allows administrative agencies to adopt certain procedures by rule if the agency conducts formal administrative adjudicative proceedings. This rule provides appropriate administrative procedures to handle a disagreement, if any, in the new data collection process. Therefore, this rule should be continued.

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

Health
Center for Health Data, Health Care Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Mike Martin at the above address, by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at [e-mail]
• Norman Thurston at the above address, by phone at 801-538-7052, by FAX at 801-237-0787, or by Internet E-mail at [e-mail]
• Stephanie Saperstein at the above address, by phone at 801-538-6430, by FAX at , or by Internet E-mail at [e-mail]

Effective:

11/10/2016

Authorized by:

Joseph Miner, Executive Director

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