No. 31991 (Amendment): R602-1-5. Official Record.

DAR File No.: 31991
Filed: 10/01/2008, 04:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the proposed amendment is to avoid confusion or disputes regarding the official record in cases adjudicated by the Commission's Adjudication Division by explicitly designating the Adjudication Division's audio recording as the only official hearing record in such cases.

Summary of the rule or change:

The proposed amendment adds Section R602-1-5 which is the provision that the Adjudication Division's audio recordings of hearings are the only official record of those hearings.

State statutory or constitutional authorization for this rule:

Sections 34A-1-302 and 63G-4-102 et seq.

Anticipated cost or savings to:

the state budget:

The Labor Commission anticipates no cost or savings to the state budget. The proposed amendment reflects current practice and will not increase or reduce the Commission's costs of administering the workers' compensation and occupational disease programs. With respect to the state's participation in the workers' compensation system as an employer, the amendment represents no change from existing practice and will not increase or decrease the state's workers' compensation expenses.

local governments:

The Labor Commission anticipates no cost or savings to local governments. With respect to local governments' participation in the workers' compensation system as an employer, the amendment represents no change from existing practice and will not increase or decrease local governments' workers' compensation expenses.

small businesses and persons other than businesses:

The Labor Commission anticipates no cost or savings to small businesses. The amendment represents no change from existing practice and will not increase or decrease small businesses' workers compensation costs.

Compliance costs for affected persons:

Under both existing practice and the proposed amendment, the Commission maintains the official hearing record. While the proposed amendment explicitly designates the Commission's recording as the official hearing record, it does not impose any obligations or expenses on the parties to such proceedings. Consequently, the amendment imposes no compliance costs on affected persons.

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

The proposed amendment does not change actual practice with respect to the official record of the Commission's adjudicative proceedings. For that reason, the proposed amendments will have no fiscal impact on businesses. 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
Adjudication
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Richard M. Lajeunesse at the above address, by phone at 801-536-7928, by FAX at 801-530-6333, 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:

11/14/2008

This rule may become effective on:

11/21/2008

Authorized by:

Sherrie Hayashi, Commissioner

RULE TEXT

R602. Labor Commission, Adjudication.

R602-1. General Provisions.

R602-1-5. Official Record.

As contemplated by Section 34A-1-302(3) the only official record of any formal or informal hearing conducted by the Division is the audio recording kept by the administrative law judge during the hearing. Any recording or record kept of a formal or informal hearing other than that kept by the administrative law judge shall not be used for any purpose requiring an official record of the proceedings as contemplate by Section 34A-1-302(3).

 

KEY:witness fees, time, administrative procedures, filing deadlines

Date of Enactment or Last Substantive Amendment:[January 2, 2004]2008

Notice of Continuation:August 15, 2007

Authorizing, and Implemented or Interpreted Law:34A-1-302; 63G-4-102 et seq.