No. 34469 (Amendment): Rule R156-46b. Division Utah Administrative Procedures Act Rule

(Amendment)

DAR File No.: 34469
Filed: 02/28/2011 10:15:42 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Construction Services Commission are proposing amendments to change certain limited formal adjudicative proceedings to informal adjudicative proceedings with respect to plumbers and electricians applying for renewal/reinstatement and plumbers and electricians subject to disciplinary proceedings. Division Bureau Managers have been successfully handling these types of proceedings as informal adjudicative proceedings for contractors during the past year. This has increased the efficiency of processing these applications or cases. The proposed changes will not result in any detrimental effect on licensees who are able to demonstrate that they are qualified and will not unnecessarily waste Division resources for a formal adjudicative proceeding when the case does not need that level of review and expense. A case can always be converted to a formal adjudicative proceeding if the case involves issues that may need a more formal review. In addition, an applicant who is accorded an informal adjudicative proceeding at the Division level will be allowed a formal adjudicative proceeding should an appeal be made to the court system.

Summary of the rule or change:

In Sections R156-46b-201 and R156-46b-202 plumbers and electricians are added where appropriate to change certain formal adjudicative proceedings to informal adjudicative proceedings.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 63G-4-102(6)

Anticipated cost or savings to:

the state budget:

The Division anticipates no costs to the state budget as a result of these proposed amendments. The proposed amendments will allow the Division to more efficiently handle these types of cases with respect to plumbers and electricians in an informal setting without unnecessarily devoting resources to formal proceedings. Any savings realized will be absorbed in the Division's existing budget and will allow these resources to be directed to other functions needing attention.

local governments:

The proposed amendments do not apply to local governments. The proposed amendments only apply to licensed plumbers and electricians applying for renewal/reinstatement and plumbers and electricians subject to disciplinary proceedings.

small businesses:

The proposed amendments only apply to licensed plumbers and electricians applying for renewal/reinstatement and licensed plumbers and electricians subject to disciplinary proceedings. Licensees may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed plumbers and electricians applying for renewal/reinstatement and licensed plumbers and electricians subject to disciplinary proceedings. No costs will be incurred by licensees if they comply with all statutory requirements affecting their profession. The Division anticipates licensees may realize a savings in time as a result of changing some proceedings from formal to informal.

Compliance costs for affected persons:

The proposed amendments only apply to licensed plumbers and electricians applying for renewal/reinstatement and licensed plumbers and electricians subject to disciplinary proceedings. No costs will be incurred by licensees if they comply with all statutory requirements affecting their profession. The Division anticipates licensees may realize a savings in time as a result of changing some proceedings from formal to informal.

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

It is not expected that there will be a cost increase to the plumbers and electricians industry as a result of the changes in the designation of adjudicative proceedings; experience has shown that such cases are able to be resolved informally. No fiscal impact to other businesses is anticipated by such change of procedures.

Francine A. Giani, Executive Director

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

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Dan Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at [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:

04/14/2011

Interested persons may attend a public hearing regarding this rule:

• 03/30/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

04/21/2011

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-46b. Division Utah Administrative Procedures Act Rule.

R156-46b-201. Formal Adjudicative Proceedings.

(1) The following adjudicative proceedings initiated by a request for agency action are classified as formal adjudicative proceedings:

(a) denial of application for renewal of licensure, except denial of an application for renewal of a contractor, plumber or electrician license under Title 58, Chapter 55;

(b) denial of application for reinstatement of licensure submitted pursuant to Subsection 58-1-308(5), except denial of an application for reinstatement of a contractor, plumber or electrician license under Title 58, Chapter 55;

(c) denial of application for reinstatement of licensure submitted pursuant to Subsection 58-1-308(6)(b), except denial of an application for reinstatement of a contractor, plumber or electrician license under Title 58, Chapter 55;

(d) special appeals board held in accordance with Section 58-1-402;

(e) declaratory order determining the applicability of statute, rule or order to specified circumstances, when determined by the director to be conducted as a formal adjudicative proceeding; and

(f) board of appeal held in accordance with Subsection 58-56-8(3).

(2) The following adjudicative proceedings initiated by a Notice of Agency Action are classified as formal adjudicative proceedings:

(a) disciplinary proceedings, except disciplinary proceedings against a contractor, plumber or electrician licensed under Title 58, Chapter 55, which result in the following sanctions:

(i) revocation of licensure;

(ii) suspension of licensure;

(iii) restricted licensure;

(iv) probationary licensure;

(v) issuance of a cease and desist order except when imposed by citation or by an order in a contested citation hearing;

(vi) administrative fine except when imposed by citation or by an order in a contested citation hearing; and

(vii) issuance of a public reprimand;

(b) unilateral modification of a disciplinary order; and

(c) termination of diversion agreements.

 

R156-46b-202. Informal Adjudicative Proceedings.

(1) The following adjudicative proceedings initiated by a request for agency action are classified as informal adjudicative proceedings:

(a) approval of application for initial licensure, renewal or reinstatement of licensure, or relicensure;

(b) denial of application for initial licensure or relicensure;

(c) denial of application for reinstatement of licensure submitted pursuant to Subsection 58-1-308(6)(a);

(d) denial of application for reinstatement of restricted, suspended, or probationary licensure during the term of the restriction, suspension, or probation;

(e) approval or denial of application for inactive or emeritus licensure status;

(f) board of appeal under Subsection 58-56-8(3);

(g) approval or denial of claims against the Residence Lien Recovery Fund created under Title 38, Chapter 11;

(h) payment of approved claims against the Residence Lien Recovery Fund described in Subparagraph (g);

(i) approval or denial of request to surrender licensure;

(j) approval or denial of request for entry into diversion program under Section 58-1-404;

(k) matters relating to diversion program;

(l) contested citation hearings held in accordance with Subsection 58-55-503(4)(b);

(m) approval or denial of request for modification of disciplinary order;

(n) declaratory order determining the applicability of statute, rule or order to specified circumstances, when determined by the director to be conducted as an informal adjudicative proceeding;

(o) approval or denial of request for correction of procedural or clerical mistakes;

(p) approval or denial of request for correction of other than procedural or clerical mistakes;

(q) denial of application for renewal of licensure as a contractor, plumber or electrician under Title 58, Chapter 55;

(r) denial of application for reinstatement of licensure as a contractor, plumber or electrician under Title 58, Chapter 55;

(s) disciplinary proceedings against a contractor, plumber or electrician licensed under Title 58, Chapter 55; and

(t) all other requests for agency action permitted by statute or rule governing the Division not specifically classified as formal adjudicative proceedings in Subsection R156-46b-201(1).

(2) The following adjudicative proceedings initiated by a notice of agency action or request for agency action are classified as informal adjudicative proceedings:

(a) nondisciplinary proceeding which results in cancellation of licensure;

(b) disciplinary sanctions imposed in a memorandum of understanding with an applicant for licensure; and

(c) disciplinary proceedings against a contractor, plumber or electrician licensed under Title 58, Chapter 55.

 

KEY: administrative procedures, government hearings, occupational licensing

Date of Enactment or Last Substantive Amendment: [July 8, 2010]2011

Notice of Continuation: January 31, 2011

Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)

 

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