No. 38746 (5-year Review): Rule R539-3. Rights and Protections

DAR File No.: 38746
Filed: 08/07/2014 10:33:37 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 62A-5-103(2)(e) provides statutory authority for the Division to "supervise the programs and facilities operated by, or under contract with, the division." Subsection 62A-5-103(2)(g) states that the Division has responsibility to "ensure that a person with a disability is not deprived of that person's constitutionally protected rights without due process procedures." The purpose of Rule R539-3 is to support persons with disabilities in exercising their rights and ensuring that those rights are protected and not unduly infringed upon. Currently, the rule states that authority for this rule comes from Subsection 62A-5-103(2)(b). The Division is preparing a rule amendment that will change this to cite the entirety of Subsection 62A-5-103(2).

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Division has received no written comments either in support or opposition to this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Division has received no comments in opposition to the rule. This rule is comprised of necessary provisions which help preserve the rights and privileges of persons with disabilities while they are receiving services through the Division, including establishing committees for reviewing potential human rights violations, setting forth protections for a person's personal property and privacy, allowing for administrative hearings, and prohibiting certain actions and procedures outright. This rule has helped protect the dignity and basic rights of countless people in services over the years and is heavily relied upon by the Division. Therefore, this rule should be continued.

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

Human Services
Services for People with Disabilities
195 N 1950 W 3RD FLR
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Nathan Wolfley at the above address, by phone at 801-538-4154, by FAX at 801-538-4279, or by Internet E-mail at [e-mail]

Effective:

08/07/2014

Authorized by:

Paul Smith, Director

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