No. 33212 (Amendment): Section R392-400-17. Penalty

(Amendment)

DAR File No.: 33212
Filed: 11/24/2009 02:01:08 PM

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:

Reference to criminal penalties for violating this rule is removed.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 8a

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 state and local budgets. 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 Director

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

Health
Epidemiology and Laboratory Services, Environmental Services
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, 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

R392. Health, Epidemiology and Laboratory Services, Environmental Services.

R392-400. Temporary Mass Gatherings Sanitation.

R392-400-17. Penalty.

(1) Any person who violates any provision of this rule may be assessed a penalty [not to exceed the sum of $5,000 or be punished for violation of a class B misdemeanor for the first violation and for any subsequent similar violation within two years for violation of a class A misdemeanor] as provided in Subsection 26-23-6.

(2) Each day such violation is committed or permitted to continue shall constitute a separate violation.

(3) In addition to other penalties imposed, any person who violates any requirement of this rule shall be liable for all expenses incurred by the department and local health department in removing or abating any nuisance, source of filth, cause of sickness or infection, health hazard, or sanitation violation.

 

KEY: public health, temporary mass gatherings, special events

Date of Enactment or Last Substantive Amendment: [April 11, 2002]2010

Notice of Continuation: May 8, 2007

Authorizing, and Implemented or Interpreted Law: 26-15-2

 

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