No. 33230 (New Rule): Rule R612-13. Proceedings to Impose Non-Reporting Penalties Against Employers

(New Rule)

DAR File No.: 33230
Filed: 12/01/2009 12:23:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Labor Commission is given authority under Section 34A-2-407 to assess penalties against employers who do not timely report industrial accidents to the Commission. The purpose of this rule is to designate the Commission's initial imposition of such a penalty as "informal" adjudicative proceedings, subject to the procedures established by the Utah Administrative Procedures Act for such proceedings. The rule also provides that proceedings subsequent to the initial penalty assessment are to be conducted as "formal" adjudicative proceedings under the Utah Administrative Procedures Act.

Summary of the rule or change:

The proposed rule designates initial proceedings to impose non-reporting penalties against employers as "informal" adjudicative proceedings. The proposed rule designates all subsequent proceedings as "formal" adjudicative proceedings.

State statutory or constitutional authorization for this rule:

• Subsection 63G-4-202(1)
• Subsection 34A-1-104(1)
• Section 34A-3-101 et seq.
• Section 34A-2-101 et seq.
• Section 78B-8-404
• Section 78B-8-402

Anticipated cost or savings to:

the state budget:

Informal adjudicative proceedings can be conducted more economically than "formal" proceedings. The proposed rule will have the effect of reducing the Commission's costs, although the precise amount of such savings cannot be accurately predicted.

local governments:

In their capacity as employers subject to the Commission's reporting rules, local governments may be subject to non-reporting penalties. Such penalties are infrequent, but designation of the initial assessment proceedings as "informal" rather than "formal" will reduce local governments' burden and expense in responding to proposed penalty assessments.

small businesses:

In their capacity as employers subject to the Commission's reporting rules, small businesses may be subject to non-reporting penalties. Such penalties are infrequent, but designation of the initial assessment proceedings as "informal" rather than "formal" will reduce the burden and expense on small businesses in responding to proposed penalty assessments.

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

The Commission does not anticipate that other persons will be affected by this rule. Consequently, the rule will result in no costs or savings to such other persons.

Compliance costs for affected persons:

The proposed rule imposes no compliance costs on affected persons.

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

The Utah Administrative Procedures Act requires that agency adjudicative proceedings, including proceedings to assess penalties, must be conducted as formal proceedings unless the agency specifically designates such proceedings as informal. By designating initial proceedings to impose non-reporting penalties against employers as "informal" proceedings, the proposed rule allows the parties to use simpler, less costly procedures. This should lessen the fiscal impact that such proceedings would otherwise have on businesses.

Sherrie Hayashi, Commissioner

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

Labor Commission
Industrial Accidents
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Ron Dressler at the above address, by phone at 801-530-6841, by FAX at 801-530-6804, 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:

Sherrie Hayashi, Commissioner

RULE TEXT

R612. Labor Commission, Industrial Accidents.

R612-13. Proceedings to Impose Non-Reporting Penalties Against Employers.

R612-13-1. Authority.

This rule is enacted under authority of U.C.A. Sections 34A-1-104(1) and 63G-4-202(1) and is applicable to proceedings under 34A-2-407 to assess a penalty against an employer who does not timely report an industrial accident.

 

R612-13-2. Designation as Informal Proceedings.

Initial proceedings to assess such penalty are hereby designated as informal adjudicatory proceeding, while all subsequent proceedings with respect to assessment of such penalty are hereby designated as formal proceedings.

 

KEY: workers' compensation, administrative procedures, reporting, penalties

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: 34A-1-104(1); 34A-2-101 et seq.; 34A-3-101 et seq.; 63G-4-202(1);78B-8-402; 78B-8-404

 

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