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Utah Administrative Code (Current through November 1, 2019) |
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R380. Health, Administration |
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R380-5. Petitions for Declaratory Orders on Orders Issued by Committees |
| R380-5-1. Authority |
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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 concerning orders issued by committees having statutory authority to issue orders. R380-1 governs petitions for declaratory orders concerning 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. |
| R380-5-2. Petition Procedure |
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Any person or government agency directly affected by an order issued by a committee having statutory authority to issue orders may petition for a declaratory order concerning the order issued by the committee. The petitioner shall file the petition with the Department division that administers the program over which the committee has statutory authority to issue orders. |
| R380-5-3. Petition Form |
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The petition shall: (1) be clearly designated as a request for a declaratory order; (2) identify the 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 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 order; (6) include an address and telephone where the petitioner can be reached during regular work days; and (7) be signed by the petitioner. |
| R380-5-4. Petition Review and Recommendation |
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(1) The statutory committee may determine the applicability of the order, may refer the request to the division or other administrative unit within the Department that administers the program over which the committee has statutory authority to issue orders for a recommended decision, or may refer the request to the division or other administrative unit within the Department that administers the program over which the committee has statutory authority to issue orders for a final decision. (2) The division or other administrative unit within the Department that administers the program to which a petition has been referred shall, without undue delay, make a written recommendation on the disposition of the petition to the committee, or make a decision on the petition, depending on the delegation from the committee. |
| R380-5-5. Petition Disposition |
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(1) The committee or administrative unit within the department shall: (a) review and consider the petition; (b) prepare a recommended declaratory order stating: (i) the applicability or non-applicability of the order at issue; (ii) the reasons for the applicability or non-applicability of the order; and (iii) any requirements imposed on the agency, the petitioner, or any person as a result of the declaratory order. (2) The committee or the administrative unit within the Department 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) For petitions which a committee has referred to an administrative unit within the Department that administers the program for a recommended decision, the committee may modify the recommendation, refer the recommendation back for modification, or reject the recommendation. The committee shall prepare the final declaratory order without undue delay and send the petitioner a copy of the order when completed. |