No. 29790: R428-5. Appeal and Adjudicative Proceedings

DAR File No.: 29790
Filed: 04/03/2007, 01:31
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:

This rule is allowed by Section 26-33a-104 and Title 63, Chapter 46b, Utah Administrative Procedures Act. It is necessary to clarify administrative adjudicative procedures under the Utah Administrative Procedures Act.

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 comment was received since the last review of the rule. The Health Data Committee and the Office of Health Care Statistics have reviewed the rule and requested its continuation.

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

This rule outlines the formal adjudicative procedures requirements for administrative adjudicative actions of the Health Data Committee (HDC). The Utah Administrative Procedures Act allows administrative agencies to adopt certain procedures by rule if the agency conducts formal administrative adjudicative proceedings. This rule provides appropriate administrative procedures to handle a disagreement, if any, in the new data collection process. 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:

Health
Center for Health Data, Health Care Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Mike Martin or Wu Xu at the above address, by phone at 801-538-9205 or 801-538-7072, by FAX at 801-538-9916 or 801-538-6694, or by Internet E-mail at [e-mail] or [e-mail]

Authorized by:

David N. Sundwall, Executive Director