 |
Utah Administrative Code (Current through November 1, 2019) |
 |
R380. Health, Administration |
|
|
R380-1. Petitions for Department Declaratory Orders |
| R380-1-1. Authority |
|
Latest version.
|
|
As required by Section 63G-4-503, and as authorized by Sections 26-1-5(3) and 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. R380-5 governs petitions for declaratory orders concerning orders issued by committees having statutory authority to issue orders. |
| R380-1-2. Petition Procedure |
|
Latest version.
|
|
(1) Any person or government agency directly affected by a statute administered by the Department, a rule promulgated by the Department or any of its committees having statutory authority to make rules, or an order issued by the Department may petition for a declaratory order. (a) For petitions seeking a declaratory order determining the applicability of statutes administered by the Department, the petitioner shall file the petition with the Executive Director. (b) For petitions seeking a declaratory order determining the applicability of rules promulgated by the Department or any of its committees, the petitioner shall file the petition with the Department division that administers the program to which the rule pertains. (c) For petitions seeking a declaratory order determining the applicability of orders promulgated by the Department, and not by a committee given statutory authority to issue orders, the petitioner shall file the petition with the Department division that administers the program associated with the subject matter of the order. |
| R380-1-3. Petition Form |
|
Latest version.
|
|
The petition shall: (1) be clearly designated as a request for a declaratory order; (2) identify the statute, rule, or order to be reviewed; (3) describe the situation or circumstances giving rise to the need for the declaratory order or in which applicability of the statute, rule, or order is to be reviewed; (4) describe the reason or need for the applicability review; (5) identify the person or agency directly affected by the statute, rule, or order; (6) include an address and telephone where the petitioner can be reached during regular work days; and (7) be signed by the petitioner. |
| R380-1-4. Petition Review and Recommendation |
|
Latest version.
|
|
(1) The Executive Director may determine the applicability of a statute, rule or order or may refer the request to the particular committee having statutory authority to make rules if such a committee exists for the statute, or may refer the request to a division or other administrative unit within the Department that more closely administers the statute. (2) The committee to which a petition has been referred shall, without undue delay, make a written recommendation on the disposition of the petition to the Executive Director. |
| R380-1-5. Petition Disposition |
|
Latest version.
|
|
(1) The committee or administrative unit within the department making the recommendation to the Executive Director under this rule shall: (a) review and consider the petition; (b) prepare a recommended declaratory order stating: (i) the applicability or non-applicability of the statute, rule, or order at issue; (ii) the reasons for the applicability or non-applicability of the statute, rule, or order; and (iii) any requirements imposed on the agency, the petitioner, or any person as a result of the declaratory order. (2) The person or committee making the recommendation under this rule may: (i) interview the petitioner; (ii) hold an informal adjudicative hearing to gather information prior to making its determination; (iii) hold a public information-gathering hearing on the petition; (iv) consult with other Department staff, committee members, the Attorney General's Office, other government agencies, or the public; and (v) take any other action necessary to provide the petition adequate review and due consideration. (3) The Executive Director may modify the recommendation, refer the recommendation back for modification, or reject the recommendation. The Executive Director shall prepare the final declaratory order without undue delay and send the petitioner a copy of the order when completed. |