No. 33134 (Amendment): Section R398-2-7. Penalty for Violation of Rule

(Amendment)

DAR File No.: 33134
Filed: 11/02/2009 05:47:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to remove an obsolete reference to criminal penalties for violating a rule that is no longer supported by statutory delegation of this authority by the Legislature (see H.B. 32, 2009 General Sessions, Utah State Legislature) (DAR NOTE: H.B. 32 (2009) is found at Chapter 347, Laws of Utah 2009, and was effective 05/12/2009.).

Summary of the rule or change:

The reference to criminal penalties for violating this rule is removed.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 8a

Anticipated cost or savings to:

the state budget:

It is possible that increased focus on use of civil money penalties could have a positive impact on state and local budgets, but any impact is expected to be minimal.

local governments:

It is possible that increased focus on use of civil money penalties could have a positive impact on state and local budgets, but any impact is expected to be minimal.

small businesses:

It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted.

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

It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted.

Compliance costs for affected persons:

It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted.

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

Removing obsolete criminal penalties will impose no new fiscal impact.

David N. Sundwall, MD, Executive Director

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

Health
Community and Family Health Services, Children with Special Health Care Needs
44 N MARIO CAPECCHI DR
SALT LAKE CITY, UT 84113

Direct questions regarding this rule to:

• Richard Harward at the above address, by phone at 801-584-8529, by FAX at 801-584-8492, 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:

12/15/2009

This rule may become effective on:

03/15/2010

Authorized by:

David Sundwall, Executive Director

RULE TEXT

R398. Health, Community and Family Health Services, Children with Special Health Care Needs.

R398-2. Newborn Hearing Screening.

R398-2-7. Penalty for Violation of Rule.

Any person who violates any provision of this rule may be assessed a penalty [not to exceed the sum of $5,000 or be punished for violation of a class B misdemeanor for the first violation and for any subsequent similar violation within two years for violation of a class A misdemeanor] as provided in Section 26-23-6.

 

KEY: newborn hearing screening

Date of Enactment or Last Substantive Amendment: [September 1, 2001]2009

Notice of Continuation: July 2, 2008

Authorizing, and Implemented or Interpreted Law: 26-10-6

 

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