No. 35638 (5-year Review): Rule R708-35. Adjudicative Proceedings For Driver License Offenses Not Involving Alcohol or Drug Actions

DAR File No.: 35638
Filed: 01/09/2012 08:50:08 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:

Section R708-35-4 in compliance with Section 63G-4-202, indicates all division nonalcohol drug adjudicative proceedings are designated as informal proceedings, unless converted to formal proceedings by a presiding officer or the division supervisor. Section R708-35-5 proceedings will be conducted in accordance with Sections 53-3-221 and 63G-4-203, and this rule. Section R708-35-7 deals with the following types of hearings: a) point system, Sections 53-3-209 and 53-3-221; b) financial responsibility, Sections 41-12a-303.2, 41-12a-503, 41-12a-511, and 53-3-221; c) contributing to a fatality, Section 53-3-221; d) serious violations, Section 53-3-221; e) unlawful use of a license, Section 53-3-229; f) unlawful use of a license, Section 53-3-229; g) failure to appear or comply, Section 53-3-221; h) review examination request, Subsection 53-3-221(11); i) driving during denial, suspension, revocation, or disqualification, Subsection 53-3-220(2); j) leaving the scene of an accident, Section 53-3-221; and k) limited license, Subsection 53-3-220(4)(a). Section R708-35-8, Hearing Procedures, deals with time and place, notice, default, evidence, information, subpoenas, administrative notices, presiding officers findings conclusions, and recommendations and orders.

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 offenses not involving 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:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at [e-mail]

Authorized by:

Lance Davenport, Commissioner

Effective:

01/09/2012

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