No. 36029 (Amendment): Section R746-343-4. Approval of an Application

(Amendment)

DAR File No.: 36029
Filed: 04/04/2012 12:34:07 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Public Service Commission (PSC) believes the notification provisions of the rule are unnecessarily expensive and burdensome.

Summary of the rule or change:

Participation in the Relay Utah program is dependent on meeting certain medical and financial need tests. Under the current rule, the Commission must provide written notice to any Relay Utah program applicant whose application is approved. The revised rule would permit oral or written communication of approval. Also, under the current rule, the Commission must notify any Relay Utah program applicant whose application is denied by letter transmitted via certified mail. The proposed revision would allow the denial letter to be transmitted via first class mail. The content of the letter would not change.

State statutory or constitutional authorization for this rule:

• Section 54-8b-10

Anticipated cost or savings to:

the state budget:

There is now a savings to the state budget. The PSC will no longer need to pay $6 for every applicant denied service. The Commission believes the notification provisions using certified mail are unnecessarily expensive and burdensome.

local governments:

There are no costs or savings to local governments. The PSC will no longer need to send a written notice via certified mail to denied applicants.

small businesses:

There are no costs or savings to small businesses. The PSC will no longer need to send a written notice via certified mail to denied applicants.

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

There are no costs or savings to the persons other than small businesses, businesses, or local government entities. The PSC will no longer need to send a written notice via certified mail to denied applicants.

Compliance costs for affected persons:

There are no compliance costs for affected persons. PSC will no longer need to send a written notice via certified mail to denied applicants.

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

The Commission has determined the notice requirements to applicants for the Relay Utah program are unduly costly and time consuming. The proposed revisions will not alter the information provided but will increase the efficiency of program administrators by allowing them to provide notice of approval orally and notice of denial via first class mail.

Ted Boyer, Commission Chairman

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

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]
• David Clark at the above address, by phone at 801-530-6708, by FAX at 801-530-6796, 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:

05/31/2012

This rule may become effective on:

06/07/2012

Authorized by:

David Clark, Legal Counsel

RULE TEXT

R746. Public Service Commission, Administration.

R746-343. Rule for Deaf, Severely Hearing or Speech Impaired Person.

R746-343-4. Approval of an Application.

A. Approved Application--

1. When an original application has been approved, the provider shall inform the applicant in writing of:

a. when the original application has been approved;

b. the location of the distribution center or designated place where the applicant may receive a TDD;

c. the date and time of the training session as required in Section R746-343-8.

2. When the request for a replacement TDD, signal device, or other device has been approved, the provider or the distribution center shall inform the recipient of the procedure for obtaining a replacement device.

B. Denied Applications--If an original application or replacement request is denied, the provider shall inform the applicant in writing of the reasons for the denial and of applicable procedures for appeal. Denial notices shall be sent by [certified] mail[with return receipt]. The notice shall be accompanied by instructions on the review process.

 

KEY: public assistance, physically handicapped, rates, telecommunications

Date of Enactment or Last Substantive Amendment: [August 1, 2011]2012

Notice of Continuation: December 13, 2007

Authorizing, and Implemented or Interpreted Law: 54-8b-10

 

---