No. 31778: R600-2-1. Business Hours

DAR File No.: 31778
Filed: 07/30/2008, 03:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This emergency rule changes the Labor Commission's hours of operation to Monday through Thursday from 7 a.m. to 6 p.m. in conformity with Governor Huntsman's "Working 4 Utah" initiative.

Summary of the rule or change:

Effective 08/04/2008, this rule establishes the Commission's business hours as 7 a.m. to 6 p.m., Monday through Thursday. The rule provides that the Commission will be closed Friday through Sunday and on state-approved holidays. The proposed rule also provides that documents, including fax transmissions, received after business hours will be deemed to have been filed on the next business day.

State statutory or constitutional authorization for this rule:

Section 34A-1-104

Anticipated cost or savings to:

the state budget:

As part of the Governor's "Working 4 Utah" initiative, the Commission's adoption of a four-day work week will reduce heating and cooling costs by approximately 10%. This will result in a corresponding reduction of such costs to the state budget.

local governments:

The rule does not affect local government operations and will not result in costs or savings with respect to those operations. As local governments status as employers, and their dealing with the Commission in that capacity, the effect of this rule will be the same as with employers generally, i.e., while the rule shortens the work week from five to four days, it lengthens the work day from 9 hours to 11 hours. This trade-off is not anticipated to result in any costs or savings.

small businesses and persons other than businesses:

While the proposed rule shortens the work week from five to four days, it lengthens the work day from 9 hours to 11 hours. This trade-off is not anticipated to result in any costs or savings for small businesses.

Compliance costs for affected persons:

The modification of hours of operation will affect most Commission employees and some Commission customers. The degree of impact will vary from person to person, depending on individual circumstances, but the substitution of longer hours of operation for fewer days of operation should not result in any net increase in compliance costs for affected persons.

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

While businesses will no longer be able to conduct business at the Commission office on Fridays, businesses will enjoy longer hours of service Monday through Thursday. These longer hours of service should mitigate any fiscal impact that this change might otherwise have on businesses, as will the availability of Commission information and services through the internet and other electronic media. On balance, this change is not expected to have any appreciable net fiscal impact on businesses. Sherrie Hayashi, Commissioner

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

The Labor Commission adjudicates disputes arising under Utah's Workers' Compensation Act, Occupational Safety and Health Act, Employment Discrimination Act, Fair Housing Act, and Payment of Wages Act. The Commission's adjudicative functions are generally subject to the Utah Administrative Procedures Act and specific procedural requirements contained within the foregoing statutes. Also, with respect to the Commission's adjudication of complaints of occupational safety and health, employment discrimination, and housing discrimination, the Commission has entered into cooperative agreements with the federal Department of Labor, Department of Housing and Urban Development and E.E.O.C. that also require the Commission to follow adjudicative standards that include a right of appeal. Under both state and (as applicable) federal law, the Commission is required to accept appeals of its adjudicative decisions within a specified time period - usually 30 days. However, if the last day of the filing period falls on a weekend or holiday, the filing period is extended until the next business day. Under existing regulations, Friday is not considered part of the weekend. Consequently, if the 30th day of a party's appeal period falls on Friday, the party must file the appeal with the Commission on that day or be foreclosed from pursuing the appeal. Effective 08/04/2008, the Labor Commission will no longer be open to accept the filing of appeals on Fridays. Unless the Commission immediately changes its existing regulation so as to designate Friday as a non-business day, parties will be deprived of their full 30-day appeal period, in violation of the above-listed statutes.

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

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

Direct questions regarding this rule to:

Alan Hennebold at the above address, by phone at 801-530-6937, 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:

This rule is effective on:

08/04/2008

Authorized by:

Sherrie Hayashi, Commissioner

RULE TEXT

R600. Labor Commission, Administration.

R600-2. Operations.

R600-2-1. Business Hours.

The offices of the Commission shall be open for receipt of official documents [during regular business days ]between the hours of [8]7:00 a.m. to [5]6:00 p.m. Monday through Thursday. Commission offices shall not be open for business Friday through Sunday and on state-recognized holidays. Any official document, including fax transmissions, received when the Commission is not open, including fax transmissions after [5]6:00 p.m. shall be considered received on the next working day.

 

KEY: labor commission, hours of business

Date of Enactment or Last Substantive Amendment: August 4, 2008

Notice of Continuation: August 15, 2007

Authorizing, and Implemented or Interpreted Law: 34A-1-104