No. 33181 (Amendment): Section R396-100-9. Penalties

(Amendment)

DAR File No.: 33181
Filed: 11/24/2009 10:27:44 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to remove an obsolete reference to criminal penalties for violating a rule that is no longer supported by statutory delegation of this authority by the Legislature (see H.B. 32, 2009, General Session, Utah State Legislature). (DAR NOTE: H.B. 32 (2009) is found at Chapter 347, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

The reference to criminal penalties for violating this rule is removed.

State statutory or constitutional authorization for this rule:

• Section 53A-11-306
• Section 53A-11-303

Anticipated cost or savings to:

the state budget:

It is possible that increased focus on use of civil money penalties could have a positive impact on state and local budgets, but any impact is expected to be minimal.

local governments:

It is possible that increased focus on use of civil money penalties could have a positive impact on state and local budgets, but any impact is expected to be minimal.

small businesses:

It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted.

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

It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted.

Compliance costs for affected persons:

It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted and compliance costs are not expected to change.

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

Removing obsolete criminal penalties will impose no new fiscal impact.

David N. Sundwall, MD, Executive

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

Health
Community and Family Health Services, Immunization
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Jennifer Brown at the above address, by phone at 801-538-6131, by FAX at 801-538-9913, 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:

David Sundwall, Executive Director

RULE TEXT

R396. Health, Community and Family Health Services, Immunization.

R396-100. Immunization Rule for Students.

R396-100-9. Penalties.

Enforcement provisions and penalties for the violation or for the enforcement of public health rules, including this Immunization Rule for Students, are prescribed under Section 26-23-6.[ A violation is punishable as a class B misdemeanor on the first offense, a class A misdemeanor on the second offense or by civil penalty of up to $5,000 for each violation.]

 

KEY: immunizations, rules and procedures

Date of Enactment or Last Substantive Amendment: [July 29, 2008]2010

Notice of Continuation: July 25, 2008

Authorizing, and Implemented or Interpreted Law: 53A-11-303; 53A-11-306

 

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