No. 35125 (Emergency Rule): Rule R600-2. Business Hours

DAR File No.: 35125
Filed: 08/11/2011 07:20:37 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for this rule amendment is to comply with H.B. 328 "Government Work Week," and Governor Herbert's directive to state agencies by setting the Utah Labor Commission's business hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Summary of the rule or change:

The amendment discontinues the Commission's four-day workweek as of 09/06/2011, and provides that the Commission will be open for business from 8 a.m. until 5 p.m., Monday through Friday, excluding holidays recognized by the state. Other provisions of the rule remain unchanged. (DAR NOTE: A corresponding proposed amendment is under DAR No. 35126 in this issue, September 1, 2011, of the Bulletin.)

Emergency rule reason and justification:

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

Justification: Without this emergency rule, the Labor Commission would be in violation of H.B. 328 and Governor Herbert's directive to state agencies regarding the agencies' work week.

State statutory or constitutional authorization for this rule:

• Section 34A-1-104

Anticipated cost or savings to:

the state budget:

Any personnel costs to the state budget associated with this change in business hours are expected to be minimal and will be absorbed within existing budgets.

local governments:

The change to Commission business hours will have no fiscal impact on local governments.

small businesses:

The change to Commission business hours will have no net fiscal impact on small businesses. Although Commission services will no longer be available on an "in-person" basis before 8 a.m. or after 5 p.m., those services will now be available on Friday. Additionally, many Commission services are available at any time through the Internet.

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

The change to Commission business hours will have no fiscal impact on other persons. Although Commission services will no longer be available on an "in-person" basis before 8 a.m. or after 5 p.m., those services will now be available on Friday. Additionally, many Commission services are available at any time through the Internet.

Compliance costs for affected persons:

The proposed amendment imposes no compliance costs on affected persons.

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

In effect, the proposed amendment to the Commission's business hours involves a trade-off -- shorter hours of daily operation are offset by a longer work week. On balance, this change is unlikely to have any appreciable fiscal impact on businesses. This is particularly true in light of the increasing availability of Commission services over the Internet, which services can be accessed 24 hours a day, 7 days a week.

Sherrie Hayashi, Commissioner

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]

This rule is effective on:

09/06/2011

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

 

KEY: labor commission, hours of business

Date of Enactment or Last Substantive Amendment: September 6, 2011

Notice of Continuation: August 15, 2007

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

 

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