No. 35634 (5-year Review): Rule R708-34. Medical Waivers for Intrastate Commercial Driving Privileges

DAR File No.: 35634
Filed: 01/09/2012 08:48:15 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 63G-3-201(2) references the requirement to create rules in order to issue a written interpretation of state or federal legal mandates. This program is created to allow an individual to obtain a commercial driving privilege when they do not meet federal medical requirements and are unable to obtain a DOT medical card. Section 53-3-303.5 directs the Driver License Division to establish guidelines and standards for issuance of a medical waiver for intrastate commercial driver license applicants.

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 written comment was received in reference 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:

This rule is necessary in order to outline requirements that must be met in order for an individual to obtain a medical waiver card and an intrastate commercial driver license once it has been determined that they meet minimum state fitness standards. The rule outlines responsibilities of the driver, the Medical Advisory Board, and the Driver License Division, in addition to the driver's right to seek administrative or judicial review of a decision made by the Driver License 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:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at [e-mail]

Authorized by:

Lance Davenport, Commissioner

Effective:

01/09/2012

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