No. 33175 (Amendment): Section R156-78B-4. General Provisions

(Amendment)

DAR File No.: 33175
Filed: 11/19/2009 03:04:34 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Administrative Rules Review Committee requested this agency to evaluate the need of the phrase "liberally construed" in the agency's adjudicative proceedings provisions. A determination has been made that the phrase can be removed and replaced with different terminology.

Summary of the rule or change:

This filing removes the phrase "liberally construed" from the general provisions for prelitigation panel reviews. Instead, the rule indicates that the agency intends to secure the just, speedy, and economical determination of all issues presented to the agency.

State statutory or constitutional authorization for this rule:

• Subsection 78B-3-416(1)(b)

Anticipated cost or savings to:

the state budget:

The state budget will not be affected by the change of terminology in expressing this agency's intent as to its proceedings. There will be nominal reprinting costs. This rule is not distributed widely.

local governments:

Local government does not administer this agency's adjudicative proceedings, such that local government budget is not affected.

small businesses:

Small businesses will not be affected by the change of terminology in expressing this agency's intent as to its proceedings.

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

No persons will be affected by the change of terminology in expressing this agency's intent as to its proceedings.

Compliance costs for affected persons:

No persons will be affected by the change of terminology in expressing this agency's intent as to its proceedings.

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

The Administrative Rules Review Committee requested this agency to evaluate the need of the phrase "liberally construed" in the agency's adjudicative proceedings provisions. A determination has been made that the phrase can be removed and replaced with different terminology. No fiscal impact to businesses is anticipated from the use of such replacement terminology.

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
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:

01/14/2010

This rule may become effective on:

01/21/2010

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-78B. Prelitigation Panel Review Rule.

R156-78B-4. General Provisions.

(1) Purpose[Liberal Construction].

This rule is intended[shall be liberally construed] to secure the just, speedy and economical determination of all issues presented to the division.

(2) Deviation from Rule.

The division may permit a deviation from this rule insofar as it may find compliance therewith to be impractical or unnecessary.

(3) Computation of Time.

The time within which any act shall be done, as herein provided, shall be computed by excluding the first day and including the last, unless the last day is Saturday, Sunday or a state holiday, and then it is excluded and the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.

 

KEY: medical malpractice, prelitigation

Date of Enactment or Last Substantive Amendment: [December 8, 2008]2010

Notice of Continuation: April 9, 2007

Authorizing, and Implemented or Interpreted Law: 78B-3-416(1)(b)

 

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