No. 28550: R156-50. Private Probation Provider Licensing Act Rules

DAR File No.: 28550
Filed: 03/13/2006, 05:32
Received by: NL

 

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:

Title 58, Chapter 50, provides for the licensure of private probation providers. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-50-3(3) provides that the Private Probation Provider Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the division director. This rule was enacted to clarify the provisions of Title 58, Chapter 50, with respect to private probation providers.

 

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

Since this rule was last reviewed in April 2001, it has been amended once in January 2005. In October 2004, amendments were proposed to the rule to define and clarify what a conflict of interest is for a licensed private probation provider as it relates to the supervision of an offender. A rule hearing was conducted on October 26, 2004. The Division received the following written comments regarding the proposed conflict of interest amendments: an October 15, 2004, e-mail from Susann J. Peterson/Frontier Probation; an October 4, 2004, letter from Chris A. Titus/Intermountain Substance Abuse; a September 2, 2004, e-mail from Jennifer Beasley; and an October 28, 2004, letter from Casey Snyder/Alliance Probation Services. All of the written comments received by the Division were concerned with the way the initial proposed amendments were written and each suggested changes to the proposed amendments. As a result of comments made during the October 2004 rule hearing, the written comments received by the Division, and further review by the Division and Board, a change in proposed rule filing was made in November 2004, which further amended the original proposed amendments to address concerns raised. The change in proposed rule filing was made effective on 01/18/2005.

 

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

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 50, with respect to private probation providers. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements.

 

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
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

 

Authorized by:

J. Craig Jackson, Director