No. 28786 (New Rule): R708-44. Citation Monitoring Service

DAR File No.: 28786
Filed: 06/07/2006, 02:28
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to define the procedures, requirements, and format for providing a Citation Monitoring Service in accordance with Subsection 53-3-109(3). This rule is in response to S.B. 88, which was passed in the 2006 General Session of the Utah Legislature. (DAR NOTE: S.B. 88 (2006) is found at Chapter 230, Laws of Utah 2006, and was effective 05/01/2006.)

 

Summary of the rule or change:

A qualified requester may request the Citation Monitoring Service from the division or its designated provider. The requester will receive a yes or no response, which indicates a reportable moving violation within the month prior to the date of the request has been entered on the driver's record. This service contains personal identification information and is protected from public disclosure in accordance with the Federal Driver Privacy Protection Act of 1994. In order to receive this service, requesters must meet the requirements listed in this rule and Subsection 53-3-109(3).

 

State statutory or constitutional authorization for this rule:

Subsection 53-3-109(7)(g)

 

Anticipated cost or savings to:

the state budget:

There will be a cost to the state of Utah to research and provide information from the Driver License Division database files. The fee for this service (which has not been determined) will offset the costs to the state of Utah.

 

local governments:

There will be no cost to local governments because verifying information on the Driver License Database is exclusively a state responsibility.

 

other persons:

There will be a cost to the designated provider to provide this service because they have to interact with various companies and the division to transmit this information. The designated provider will charge all requesters a fee. The fee is yet to be determined.

 

Compliance costs for affected persons:

Utah Interactive, the designated provider under contract with the state of Utah, will charge the requester a fee for the Internet services they provide. Each qualified requester will be charged a monthly fee per record. The fee will include the cost to the state of Utah and the cost to Utah Interactive to provide the Internet services. The fee has not yet been determined.

 

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

Requesters will be charged a reasonable fee for the service, which fee is yet to be determined. It is anticipated requesters will save money as a result of the information they receive from this service. Robert Flowers, Commissioner

 

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

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY UT 84119-5595

 

Direct questions regarding this rule to:

Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, 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:

07/31/2006

 

This rule may become effective on:

08/07/2006

 

Authorized by:

Nannette Rolfe, Director

 

 

RULE TEXT

R708. Public Safety, Driver License.

R708-44. Citation Monitoring Service.

R708-44-1. Purpose.

The purpose of this rule is to define the procedures, requirements and format for disclosing personal identifying information in accordance with Section 53-3-109(3).

 

R708-44-2. Authority.

This rule is authorized by Section 53-3-109(7)(f).

 

R708-44-3. Definitions as Used in This Chapter.

"Citation Monitoring Service (CMS)" means an electronic service whereby the Driver License Division database is monitored on a regular basis to determine if a reportable moving violation has been entered on a specific driving record within the month prior to the date of the request. The requestor will receive a "YES or NO" response that indicates whether a reportable moving violation has been entered on the driver's record during the previous month. If the information submitted by the requestor does not match a driver's record on the database, the requestor will receive an unable to locate (UTL) response.

 

R708-44-4. Procedures.

(1) Upon receipt of a request for a notification pursuant to Section 53-3-109(3), the division will provide this monitoring service on any person who has a Utah driver license or driving privilege card.

(2) The Driver License Division database contains certain personal identifying information and is protected from public disclosure for privacy reasons in accordance with the federal Driver Privacy Protection Act of 1994 (DPPA), Section 53-3-109 and Title 63, Chapter 2 (Government Records Access and Management Act).

 

R708-44-5. Requirements.

(1) CMS is only available to qualified requesters in accordance with the DPPA and Section 53-3-109(3).

(2) In order to be eligible for the CMS, the requester must:

(a) provide acceptable proof that they are an insurer as defined under Section 31A-1-301, or a designee of an insurer as defined under Section 31A-1-301;

(b) enter into a contract with the division or its designated provider to obtain this service;

(c) provide the name, date of birth, and Utah driver license or driving privilege number for the person for which they are seeking monitoring and notification;

(d) pay required fees as established by the division;

(e) agree to comply with state and federal laws regulating the use and further disclosure of information on the Driver License Division database; and

(f) comply with auditing processes and procedures required by the division or its designated provider.

 

R708-44-6. Electronic Transactions.

The Citation Monitoring Service will be transacted electronically, as approved by the division.

 

KEY: driver license, motor vehicle record, citation monitoring service

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: 53-3-109(3)