No. 41035 (5-year Review): Rule R152-6. Utah Administrative Procedures Act Rules  

  • DAR File No.: 41035
    Filed: 12/01/2016 08:11:36 AM

    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:

    Subsection 13-2-5(1) gives the Director of the Division of Consumer Protection (Division) authorization to issue rules to administer and enforce the chapters listed in Section 13-2-1. In addition, Subsection 63G-4-202(1) gives the Division authorization to designate categories of adjudicative proceedings as informal.

    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 Division is not aware of any written comments regarding the rules. The interpretation of these rules is at times the subject of informal proceedings before the Division.

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

    Section 63G-4-201 allows agencies to designate hearings as informal. In this rule, the agency designates its hearings as informal in accordance with that statute. Section R152-6-2 designates the Director as the Division's presiding officer, but allows the Director to designate another person to act in his stead, see Section 63G-4-103. Given the volume of Division cases, designation of a presiding officer is critical for the completion of other duties by the Director. 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:

    Commerce
    Consumer Protection
    HEBER M WELLS BLDG
    160 E 300 S
    SALT LAKE CITY, UT 84111-2316

    Direct questions regarding this rule to:

    Effective:

    12/01/2016

    Authorized by:

    Daniel O'Bannon, Director


Document Information

Effective Date:
12/1/2016
Publication Date:
12/15/2016
Type:
Five-Year Notices of Review and Statements of Continuation
Filed Date:
12/01/2016
Agencies:
Commerce, Consumer Protection
Authorized By:
Daniel O'Bannon, Director
DAR File No.:
41035
Summary:

The Division is not aware of any written comments regarding the rules. The interpretation of these rules is at times the subject of informal proceedings before the Division.

CodeNo:
R152-6
CodeName:
{44438|R152-6|R152-6. Utah Administrative Procedures Act Rules}
Link Address:
CommerceConsumer ProtectionHEBER M WELLS BLDG160 E 300 SSALT LAKE CITY, UT 84111-2316
Link Way:

Jacob Hart, by phone at 801-530-6636, by FAX at , or by Internet E-mail at jfhart@utah.gov

AdditionalInfo:
More information about a Five-Year Notice of Review and Statement of Continuation is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2016/b20161215.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. For questions regarding the content or ...
Related Chapter/Rule NO.: (1)
R152-6. Utah Administrative Procedures Act Rules.