No. 38761 (5-year Review): Rule R156-78. Vocational Rehabilitation Counselor Licensing Act Rule

DAR File No.: 38761
Filed: 08/14/2014 10:15:04 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:

Title 58, Chapter 78, provides for the licensure of vocational rehabilitation counselors. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-78-201(3)(a) provides that the Vocational Rehabilitation Counselor Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 78, with respect to vocational rehabilitation counselors.

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

Since this rule was first enacted in September 2009, only one written comment was received by the Division with respect to this rule. An 08/19/2009 email from Hunter Finch was received by the Division regarding DAR No. 32820 and this rule, wherein Mr. Finch suggested some minor changes to the proposed rule. The Division filed a nonsubstantive rule change on 08/31/2009 under DAR No. 32916 to make the corrections suggested by Mr. Finch.

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

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 78, with respect to vocational rehabilitation counselors. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession.

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

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Debra Hobbins at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Effective:

08/14/2014

Authorized by:

Mark Steinagel, Director

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