No. 41204 (5-year Review): Rule R708-21. Third-Party Testing

DAR File No.: 41204
Filed: 01/20/2017 01:32:08 PM

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:

This rule is authorized by Subsection 53-3-104(15), which requires the Division to make rules in accordance with Section 53-3-407.1 to establish procedures and standards to license a commercial driver license third-party tester or commercial driver license third-party examiner to administer the commercial driver license skills tests; minimum standards for the commercial driver license skills test; and procedures to enable a licensed commercial driver license third-party tester or commercial driver license third-party examiner to administer a commercial driver license skills test for an applicant to receive a commercial driver license.

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 is required under Subsection 53-3-104 (15), which requires the division make rules to establish procedures and standards for an individual to become licensed as a third-party tester or examiner, minimum standards for skills testing, and procedures to administer those tests. This rule also includes requirements under Section 53-3-407.1 to establish minimum standards for a commercial tester or examiner, the application process for a commercial tester or examiner license, and standards for administration of skills tests, in addition to auditing procedures to maintain the integrity of the program. 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:

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]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

Effective:

01/20/2017

Authorized by:

Chris Caras, Director

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