No. 38055 (Amendment): Section R907-1-6. Administrative Procedures for Motor Carrier Actions

(Amendment)

DAR File No.: 38055
Filed: 10/10/2013 08:57:32 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify that only the Executive Director of the Utah Department of Transportation (UDOT) presides over and conducts the department's formal administrative hearings. S.B. 191 (2013 General Legislative Session) defines an administrative law judge as an individual who presides over or conducts formal administrative hearings on behalf of an agency. The bill requires performance evaluations and surveys for administrative law judges. UDOT does not hold enough formal administrative hearings to justify the expense of establishing and conducting performance evaluations and surveys. The bill excludes the executive director of an agency from the definition of administrative law judge. By requiring that all formal administrative hearings be presided over and conducted by the Executive Director, the department avoids the costs of establishing and conducting the performance evaluations and surveys.

Summary of the rule or change:

This amendment clarifies that the Executive Director of UDOT hears and presides over formal administrative hearings for the department.

State statutory or constitutional authorization for this rule:

• Sections 63G-4-101 through 63G-4-502
• Section 72-1-102

Anticipated cost or savings to:

the state budget:

This amendment will save the department the expense of establishing and conducting surveys of the performance of persons conducting formal administrative hearings.

local governments:

There is no anticipated cost or savings to local government because the amendment only clarifies that the Executive Director conducts all formal administrative hearings for the department.

small businesses:

There is no anticipated cost or savings to small businesses because the amendment only clarifies that the Executive Director conducts all formal administrative hearings for the department.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the amendment only clarifies that the Executive Director conducts all formal administrative hearings for the department.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the amendment only clarifies that the Executive Director conducts all formal administrative hearings for the department.

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

There is no anticipated fiscal impact on businesses because the amendment only clarifies that the Executive Director conducts all formal administrative hearings for the department.

Carlos Braceras, Executive Director

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

Transportation
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, 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:

12/02/2013

This rule may become effective on:

12/09/2013

Authorized by:

Carlos Braceras, Executive Director

RULE TEXT

R907. Transportation, Administration.

R907-1. Administrative Procedures.

R907-1-6. Administrative Procedures for Motor Carrier Actions.

(1) When a motor carrier appeals the imposition of a penalty under Title 72, Chapter 9, Motor Carrier Safety Act, he or she shall follow the procedures established in R907-1. This proceeding is an informal adjudicative proceeding under Section 63G-4-402, Utah Administrative Procedures Act; therefore, discovery is prohibited, but the administrative hearing officer may issue subpoenas or other orders to compel production of necessary evidence. The department shall provide the applicant, upon request, information in the agency's files, including records that are part of any investigation unless those records are otherwise made confidential or protected from disclosure.

(2) If the proceeding is converted to a formal adjudicative proceeding and an evidentiary hearing held, the department's [Deputy]Executive Director may act as the administrative hearing officer. [He may also designate another in his stead.] At the hearing, the motor carrier shall go first and is burdened to show why the department's civil penalties should not be assessed. The division shall respond, with the motor carrier being given an opportunity to rebut the division's evidence. If the administrative hearing officer decides doing so will be beneficial to his understanding of the issues, he may allow closing statements or arguments and he may tape the proceedings. The rules of evidence do not apply.

(3) The person deciding the review shall issue a final agency order as promptly as possible. The order shall contain:

(a) a designation of the statute or rule permitting or requiring review;

(b) a statement of the issues reviewed;

(c) findings as fact as to each of the issues;

(d) conclusions of law as to each of the issues;

(e) the reasons for the disposition;

(f) whether the decision of the division or office initiating the decision is affirmed, reversed, modified, or remanded; and

(g) notice of the right to judicial review pursuant to Section 63G-4-402 by filing a petition in district court within 30 days.

 

KEY: administrative procedures, enforcement (administrative)

Date of Enactment or Last Substantive Amendment: [April 14, 2009]2013

Notice of Continuation: August 11, 2011

Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

 

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