No. 33262 (5-year Review): Rule R432-30. Adjudicative Procedure

DAR File No.: 33262
Filed: 12/11/2009 02:24:31 PM

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:

The rule is adopted pursuant to Title 26, Chapter 21, and Title 63G, Chapter 4. Title 26, Chapter 21 outlines the responsibilities of the Department regarding the licensing of health facilities. Subsection 26-21-6(2)(c) states that the Department may: "make rules as necessary to implement the provisions of this chapter, except as authority is specifically delegated to the committee." Subsection 63G-4-102(6) states that: "This chapter does not preclude an agency from enacting a rule affecting or governing an adjudicative proceeding or from following the rule, if the rule is enacted according to the procedures outlined in Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and if the rule conforms to the requirements of this chapter." The Department of Health has promulgated this rule in accordance with the citations above.

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

No comments have been received to support or oppose the rule.

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

The Adjudicative Procedure rule defines how the Department is to allow for fair hearings of persons affected by agency decisions. The Department still has authority over the licensing and inspection of health facilities in the state and continues to make decisions based on that authority. Affected persons require the process for fair hearings, which this rule provides. 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:

Health
Health Systems Improvement, Licensing
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Joel Hoffman at the above address, by phone at 801-538-6279, by FAX at 801-538-6024, or by Internet E-mail at [e-mail]

Effective:

12/11/2009

Authorized by:

David Sundwall, Executive Director

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