No. 40450 (5-year Review): Rule R600-3. Definitions Applicable to Construction Licensees

DAR File No.: 40450
Filed: 05/27/2016 07:21:42 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:

Subsections 34-28-2(2), 34A-2-103(8)(c), 34A-5-102(2), and 34A-6-103(2) authorize the Labor Commission to adopt rules to establish the manner in which unincorporated entities can rebut a presumption that they are an employer in wage claim, workers' compensation, discrimination, and occupational safety and health claims before the Labor Commission. Pursuant to that authority, and as required by Section 63GT-4-503, the Commission has adopted Rule R600-3, which establishes definitions and the manner to rebut the employer presumption.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

During the last five-year period, the Commission has received no written comments supporting or opposing the rule.

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

The Labor Commission continues to handle unpaid wages, occupational safety and health, discrimination, and workers' compensation claims. In each type of case, the relationship between an employee and employer is a determining factor. 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:

Labor Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Jaceson Maughan at the above address, by phone at 801-530-6036, by FAX at 801-530-6390, or by Internet E-mail at [e-mail]

Effective:

05/27/2016

Authorized by:

Sherrie Hayashi, Commissioner

---