No. 42786 (Amendment): Section R612-100-4. Designation as Informal Proceedings

(Amendment)

DAR File No.: 42786
Filed: 04/11/2018 08:46:31 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to designate a proceeding initiated under Section 34A-2-114 as an informal adjudicatory proceeding.

Summary of the rule or change:

This proposed rule change provides that proceedings initiated against employers who unlawfully interfere with an employee's workers' compensation claim will be designated as informal adjudicatory proceedings.

Statutory or constitutional authorization for this rule:

• Section 34A-2-114
• Section 63G-4-202

Anticipated cost or savings to:

the state budget:

Designating adjudicatory proceedings as informal imposes no cost upon the state and should allow for certain savings by not requiring a formal adjudicatory process.

local governments:

Designating adjudicatory proceedings as informal imposes no cost upon local governments and should allow for certain savings by not requiring a formal adjudicatory process.

small businesses:

Designating adjudicatory proceedings as informal imposes no cost upon small businesses and should allow for certain savings by not requiring a formal adjudicatory process.

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

Designating adjudicatory proceedings as informal imposes no cost upon any other persons and should allow for certain savings by not requiring a formal adjudicatory process.

Compliance costs for affected persons:

Designating adjudicatory proceedings as informal imposes no cost upon affected persons and should allow for certain savings by not requiring a formal adjudicatory process.

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

It is not anticipated that there will be any fiscal impact on businesses by designating these adjudicatory proceedings as informal proceedings. There might be a savings by not requiring a formal adjudicatory process.

Jaceson Maughan, Commissioner

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

Labor Commission
Industrial Accidents
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Ron Dressler at the above address, by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at [e-mail]
• Christopher Hill at the above address, by phone at 801-530-6113, by FAX at 801-530-6390, 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:

05/31/2018

This rule may become effective on:

06/07/2018

Authorized by:

Jaceson Maughan, Commissioner

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

The designation of certain proceedings as informal proceedings has the potential of saving all businesses the cost of defending a claim in a formal proceeding. All businesses that have employees could be affected by this rule change. There is no means of estimating the cost or savings of this rule change, because it will only affect those businesses that interfere with an employee's right to file a workers' compensation claim.

 

 

R612. Labor Commission, Industrial Accidents.

R612-100. Workers' Compensation Rules - General Provisions.

R612-100-4. Designation as Informal Proceedings.

A. Pursuant to Section 63G-4-202, the following are designated as informal adjudicatory proceedings:

1. Assessment of penalty under Section 34A-2-211 against an employer conducting business without obtaining workers' compensation coverage;

2. Assessment of penalty under Section 34A-2-201.3 against an insured employer for direct payment of workers' compensation benefits;[ and]

3. Assessment of penalty under Section 34A-2-407 against an employer or insurance carrier who does not timely report an industrial accident[.];

4. Assessment of penalty under Section 34A-2-205 against an insurance carrier for improperly notifying the division of coverage written in this state or for this state[.];

5. Assessment of penalty under Section 34A-2-114 against an employer for unlawfully interfering with an employee's workers' compensation claim.

B. All subsequent adjudicative proceedings in the above-identified matters are designated as formal proceedings.

 

KEY: workers' compensation, administrative procedures

Date of Enactment or Last Substantive Amendment: [December 8, 2015]2018

Notice of Continuation: February 8, 2018

Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104 et seq.; 63G-4-102 et seq.

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