DAR File No. 28005

Labor Commission, Antidiscrimination and Labor, Antidiscrimination

R606-5

Employment Agencies

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28005
Filed: 06/08/2005, 02:28
Received by: NL

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:

Section 34A-5-104 gives the Commission jurisdiction over the subject of employment practices and discrimination made unlawful by Title 34A, Chapter 5. It also gives the Commission authority to adopt, publish, amend, and rescind rules, consistent with and for the enforcement of Title 34A, Chapter 5.

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 written comments have been received during and since the last five-year review of this 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 have jurisdiction over employment discrimination. This rule establishes that employment agencies share liability with the employer if the employment agency attempts to fill a position for an employer based on unlawfull discriminatory criteria. It also establishes an exception for application forms asking for gender information, if the inquiry is made in good faith for a nondiscriminatory purpose and is based upon a bona fide occupational qualification. 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:

Direct questions regarding this rule to:

Sherrie M. Hayashi at the above address, by phone at 801-530-6921, by FAX at 801-530-7609, or by Internet E-mail at shayashi@utah.gov

Authorized by:

R Lee Ellertson, Commissioner

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Sherrie M. Hayashi at the above address, by phone at 801-530-6921, by FAX at 801-530-7609, or by Internet E-mail at shayashi@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.