(Amendment)
DAR File No.: 35018
Filed: 07/11/2011 10:37:01 AMRULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to correct a potential inconsistency within the rule as to the burden of proof in adjudicative proceedings.
Summary of the rule or change:
Section R151-4-708 is amended to indicate an exception to the preponderance of the evidence standard for certain contractor license bonds. A clear and convincing standard was previously adopted by the Division of Occupational and Professional Licensing for limited circumstances relating to contractor licensing bonds identified in Subsection R156-55a-602(4). This rule filing merely references that provision for clarification and internal consistency.
State statutory or constitutional authorization for this rule:
- Section 13-1-6
- Subsection 63G-4-102(6)
Anticipated cost or savings to:
the state budget:
No costs are anticipated from this filing which clarifies the standard of proof as to adjudicative proceedings.
local governments:
No costs are anticipated from this filing which clarifies the standard of proof as to adjudicative proceedings.
small businesses:
No costs are anticipated from this filing which clarifies the standard of proof as to adjudicative proceedings.
persons other than small businesses, businesses, or local governmental entities:
No costs are anticipated from this filing which clarifies the standard of proof as to adjudicative proceedings.
Compliance costs for affected persons:
No costs are anticipated from this filing which clarifies the standard of proof as to adjudicative proceedings.
Comments by the department head on the fiscal impact the rule may have on businesses:
No fiscal impact to businesses is anticipated from this clarifying rule amendment.
Francine A. Giani, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Commerce
Administration
160 E 300 S
SALT LAKE CITY, UT 84111-2316Direct questions regarding this rule to:
- Masuda Medcalf at the above address, by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@utah.gov
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:
08/31/2011
This rule may become effective on:
09/07/2011
Authorized by:
Francine Giani, Executive Director
RULE TEXT
R151. Commerce, Administration.
R151-4. Department of Commerce Administrative Procedures Act Rule.
R151-4-708. Standard of Proof.
Unless otherwise provided by statute or a rule applicable to a specific proceeding, the standard of proof in a proceeding under this rule (R151-4), whether initiated by a notice of agency action or request for agency action, is a preponderance of the evidence.
KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Enactment or Last Substantive Amendment: [
April 21,]2011Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)
Document Information
- Effective Date:
- 9/7/2011
- Publication Date:
- 08/01/2011
- Filed Date:
- 07/11/2011
- Agencies:
- Commerce,Administration
- Rulemaking Authority:
Section 13-1-6
Subsection 63G-4-102(6)
- Authorized By:
- Francine Giani, Executive Director
- DAR File No.:
- 35018
- Related Chapter/Rule NO.: (1)
- R151-4-708. Standard of Proof.