No. 35637 (5-year Review): Rule R708-14. Adjudicative Proceedings For Driver License Actions Involving Alcohol and Drugs  

  • DAR File No.: 35637
    Filed: 01/09/2012 08:49:47 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:

    These proceedings deal with the following types of hearings: a) driving under the influence of alcohol/drugs (per se), Section 53-3-223; b) implied consent (refusal), Section 41-61-520; c) measurable metabolite in the body, Section 41-6a-517; d) consumption by a minor (not a drop), Section 53-3-231; and e) CDL (.04), Section 53-3-418. Hearing procedures include time and place, notice, default, evidence, information, subpoenas, administrative notice, presiding officers duties with their findings, conclusions, and recommendations and orders. In accordance with Section 63G-4-302, a driver may file a request for reconsideration of the order within 20 days after receiving it.

    Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

    No written public comment was received in reference to this rule.

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

    This rule continues to be very useful in regulating driving privilege for alcohol and drug sanctions. Therefore, this rule should be continued.

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

    Public Safety
    Driver License
    CALVIN L RAMPTON COMPLEX
    4501 S 2700 W 3RD FL
    SALT LAKE CITY, UT 84119-5595

    Direct questions regarding this rule to:

    Authorized by:

    Lance Davenport, Commissioner

    Effective:

    01/09/2012


Document Information

Effective Date:
1/9/2012
Publication Date:
02/01/2012
Filed Date:
01/09/2012
Agencies:
Public Safety,Driver License
Authorized By:
Lance Davenport, Commissioner
DAR File No.:
35637
Related Chapter/Rule NO.: (1)
R708-14. Adjudicative Proceedings For Driver License Actions Involving Alcohol and Drugs.