No. 30942 (Amendment): R610-2-6. Filing Procedure and Commencement of Agency Action

DAR File No.: 30942
Filed: 01/31/2008, 02:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to allow the Labor Commission's Antidiscrimination and Labor Division (UALD) to accept claims regarding the employment of minors that have been signed but not notarized, as well as claims signed by authorized agents of the claimants.

Summary of the rule or change:

The rule removes the existing rule's requirement that claims must be notarized and adds a provision allowing authorized agents to sign for a claimant.

State statutory or constitutional authorization for this rule:

Sections 34-23-101 et seq., 34-28-1 et seq., 34-40-101 et seq., and 63-46b-1 et seq.

Anticipated cost or savings to:

the state budget:

Because this rule does not imposes any additional requirements, it will neither increase UALD's costs of administering the Employment of Minors Act nor impose any additional compliance costs on the State of Utah in its capacity as an employer. Consequently, the rule amendment will not result in any costs or savings to the state budget.

local governments:

Because this rule amendment does not impose any additional requirements, it will not result in any additional compliance costs for local government and will not result in any costs or savings to local governments.

small businesses and persons other than businesses:

Because this rule amendment does not impose any additional requirements, it will not result in any additional compliance costs for small businesses.

Compliance costs for affected persons:

By eliminating the current notarization requirement and adding the provision for signature by authorized agents, the proposed amendment will eliminate the need for claimants to pay a notary fee, thereby reducing compliance costs for claimants. No other person are affected by the amendment.

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

This rule amendment simplifies the claim filing process for employees. The amendment does not change existing requirements for employers. Consequently, the amendment will have no fiscal impact 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
Antidiscrimination and Labor, Labor
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Heather Morrison or Brent Asay at the above address, by phone at 801-530-6921 or 801-530-6802, by FAX at 801-530-7601 or 801-530-7601, or by Internet E-mail at [e-mail] or [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:

03/17/2008

This rule may become effective on:

03/24/2008

Authorized by:

Sherrie Hayashi, Commissioner

RULE TEXT

R610. Labor Commission, Antidiscrimination and Labor, Labor.

R610-2. Employment of Minors.

R610-2-6. Filing Procedure and Commencement of Agency Action.

For purposes of Section 63-46b-3, commencement of an adjudicative proceeding at the Division to resolve an alleged violation of Utah statutes or rules regarding employment of minors is accomplished by the filing of a complaint or by a notice of agency action filed by the Division at its discretion.

A. The alleged violation shall be filed in writing by the complainant or an authorized representative of the complainant on a form provided by the Division. The complaint form shall act as a request for agency action and the form and accompanying agency cover letter shall together include all information specified in Subsection 63-46b-3(2). The complaint shall include the complainant's name and address, the defendant's name and address, a brief and concise statement of the complaint or allegation, and the complainant's or his authorized representative's [notarized ]signature.

1. Upon receipt of a complaint, the Division shall enter its receipt and assign a complaint number.

2. The Division may telephone the Defendant and attempt to resolve the complaint.

3. When a rapid resolution is not effected, the Division shall mail a copy of the complaint and a blank answer form together with an accompanying agency cover letter.

4. The Defendant shall have ten working days from the date of the letter to submit an answer to such complaint.

5. The Defendant's answer shall be mailed to the Complainant who may submit an answer within ten working days.

6. Upon receiving a third complaint against an employer within a 12 month period, the Division shall invoke the penalty provision pursuant to Section 34-23-402, and notify the Defendant of the penalty at the time of notice under Subsection A.3.

B. The Division may at its discretion bring an agency action to determine any violation of any statute or rule pertaining to employment of minors, or any appropriate penalties, wages, or other enforcement relief. Commencement of an adjudicative proceeding is accomplished by a notice of agency action filed by the Division.

C. An adjudicative proceeding initiated pursuant to Subsection A. or B. is designated as an informal adjudicative proceeding and shall be conducted informally.

D. An informal adjudicative proceeding may be converted to a formal adjudicative proceeding pursuant to Subsection 63-46b-4(3).

 

KEY: wages, minors, labor, time

Date of Enactment or Last Substantive Amendment: [September 3, 1997]2008

Notice of Continuation: November 30, 2006

Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63-46b-1 et seq.