No. 42696 (New Rule): Rule R30-3. Declaratory Orders

(New Rule)

DAR File No.: 42696
Filed: 03/15/2018 03:14:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to outline the Office of the Inspector General's (OIG) use of declaratory orders.

Summary of the rule or change:

This rule simply updates wording for the OIG's use of declaratory orders.

Statutory or constitutional authorization for this rule:

• Title 63A, Chapter 13

Anticipated cost or savings to:

the state budget:

This new rule clarifies some language as defined by the declaratory proceedings. The OIG does not believe the new rule has a fiscal cost or benefit to the state budget. There may be an indirect correlation with this rule and Rule R30-2. The costs, as identified in Rule R30-2, cover any items that may be indirectly conferred in this rule. As such, the OIG does not think a clarification of the language has a fiscal cost or benefit. (EDITOR'S NOTE: The proposed new Rule R30-2 is under Filing No. 42695 in this issue, April 1, 2018, of the Bulletin.)

local governments:

The OIG does not believe there is a fiscal cost or savings to local governments associated with this rule.

small businesses:

The OIG does not believe there is a fiscal cost or savings to small businesses associated with this rule.

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

The OIG does not believe there is a fiscal cost or savings to other "persons" associated with this rule.

Compliance costs for affected persons:

There is no compliance cost associated with this rule.

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

There is no fiscal impact associated with this rule. It simply identifies how the OIG will use declaratory orders.

Gene Cottrell, Inspector General

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

Administrative Services
Inspector General of Medicaid Services (Office of)
288 N 1460 W
Salt Lake City, UT 84116

Direct questions regarding this rule to:

• Gene Cottrell at the above address, by phone at 801-538-6856, by FAX at 801-538-6382, or by Internet E-mail at [e-mail]
• Nathan Johansen at the above address, by phone at 801-538-6455, by FAX at 801-538-6382, 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:

05/01/2018

This rule may become effective on:

05/15/2018

Authorized by:

Gene Cottrell, Inspector General

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

FY 2018

FY 2019

FY 2020

Fiscal Costs

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

This proposed rule is not expected to have any fiscal impacts on large businesses revenues or expenditures, because it only outlines the OIG's use of Declaratory Orders.

 

The Inspector General, Gene D Cottrell, has reviewed and approved this fiscal analysis.

 

 

R30. Administrative Services, Office of Inspector General of Medicaid Services.

R30-3. Declaratory Orders.

R30-3-1. Purpose.

The purpose of this rule is to describe the procedures the office shall follow in declaratory proceedings.

 

R30-3-2. Authority.

This rule is authorized by Section 63A-13-602 and Section 63G-4-503.

 

R30-3-3. Definitions.

(1) Terms used in this rule are defined in Section 63A-13-102.

(2) In addition, "ALJ" means an impartial administrative law judge who has been appointed by the inspector general to conduct adjudicative proceedings according to these rules.

 

R30-3-4. Petition Form and Filing.

(1) A petition for a declaratory order shall be delivered to the office as provided by Subsection R30-2-6(3).

(2) The petition shall:

(a) be clearly designated as a request for declaratory order;

(b) identify the statute, rule or order to be reviewed;

(c) describe in detail the situation or circumstances to be reviewed;

(d) describe the reason or need for the review, addressing in particular, why the review should not be considered frivolous;

(e) include an address and telephone where the petitioner can be contacted during regular business hours; and

(f) be signed by the petitioner.

 

R30-3-5. Reviewability.

(1) The agency may not issue a declaratory order if the subject matter is:

(a) excluded from review under Subsection 63G-4-503(3);

(b) not within the jurisdiction and expertise of the agency;

(c) frivolous, trivial, irrelevant or immaterial; or

(d) otherwise excluded by state and federal law.

 

R30-3-6. Petition Review and Disposition.

(1) A petition for declaratory relief shall be referred to the ALJ for review and consideration.

(2) The ALJ may request input from the petitioner and the office prior to issuing a

written order as provided in Subsection 63G-4-503(6).

 

KEY: Office of the Inspector General of Medicaid Services, declaratory orders

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: 63A-13, 63G- 4-503

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