No. 36096 (5-year Review): Rule R380-1. Petitions for Department Declaratory Orders

DAR File No.: 36096
Filed: 04/26/2012 09:18:41 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:

As required by Section 63G-4-503, and as authorized by Subsection 26-1-5(3) and Section 26-1-17, this rule provides the procedures for the submission, review, and disposition of petitions for agency declaratory orders on the applicability of statutes administered by the Department, rules promulgated by the Department or any of its committees having statutory authority to make rules, and orders issued by the Department. Rule R380-5 governs petitions for declaratory orders concerning orders issued by committees having statutory authority to issue orders.

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 comments in support or opposition were received in the last five years.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule provides the procedures for the submission, review, and disposition of petitions for agency declaratory orders on the applicability of statutes administered by the Department, rules promulgated by the Department or any of its committees having statutory authority to make rules, and orders issued by the Department. Rule R380-5 governs petitions for declaratory orders concerning orders issued by committees having statutory authority to issue orders and is in the public interest. 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:

Health
Administration
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Doug Springmeyer at the above address, by phone at 801-538-6971, by FAX at 801-538-6306, or by Internet E-mail at [e-mail]

Authorized by:

David Patton, Executive Director

Effective:

04/26/2012

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