DAR File No. 28127

Labor Commission, Antidiscrimination and Labor, Fair Housing

R608-1-8

Response to Complaint

NOTICE OF PROPOSED RULE

DAR File No.: 28127
Filed: 08/02/2005, 02:39
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to conform Utah Fair Housing procedures with federal requirements. Specifically, this amendment changes the period allowed for filing a response to a Fair Housing complaint from 20 days to 10 days.

Summary of the rule or change:

The only change made by this amendment to Subsection R608-1-8(A) is to reduce from 20 days to 10 days the time allowed for filing a response to a Fair Housing complaint. (DAR NOTE: A corresponding 120-day (emergency) rule that was effective 08/02/2005 is under DAR No. 28126 in this issue.)

State statutory or constitutional authorization for this rule:

Subsection 57-21-9(2)(a)(ii)

Anticipated cost or savings to:

the state budget:

This amendment will not produce either costs or savings in the administration of the Fair Housing program and will have no effect on the state budget.

local governments:

This rule will apply to some local government entities in their role as housing providers. Under the existing rule, a respondent to a Fair Housing complaint is required to file a response within 20 days. Under the amended rule, the response must be filed within 10 days. In all other respects, the response requirement remains the same. Consequently, the Commission anticipates no cost or savings to local government.

other persons:

This rule will apply to landlords and others engaged in housing-related services. Under the existing rule, a respondent to a Fair Housing complaint is required to file a response with 20 days. Under the amended rule, the response must be filed within 10 days. In all other respects, the response requirement remains the same. Consequently, the Commission anticipates no cost or savings to other persons subject to this rule.

Compliance costs for affected persons:

This rule imposes no new requirements but only changes the timing of existing requirements. The Commission anticipates no additional compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

While this amendment shortens the response period in Fair Housing proceedings, it does not impose any other procedural or substantive requirements. Businesses that have been subject to the response requirement under Subsection R608-1-8(A) in the past can continue to submit the same types of responses in the future. This amendment's change to the timing of such responses is not anticipated to have any fiscal impact on business. R. Lee Ellertson, Commissioner

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/03/2005

This rule may become effective on:

10/04/2005

Authorized by:

R Lee Ellertson, Commissioner

RULE TEXT

R608. Labor Commission, Antidiscrimination and Labor, Fair Housing.

R608-1. Utah Fair Housing Rules.

R608-1-8. Response to Complaint.

A. A respondent shall file a signed response to the complaint with the Division within [20]10 days from the date of the notice required by R608-1-7.B.

B. The response must address each allegation contained in the complaint, including any available and relevant data and information regarding respondent's business practices.

C. Division staff shall be available during normal business hours to provide reasonable assistance to respondents in completing and filing responses.

D. Failure to file a response may result in the Division concluding its investigation based on information provided by the complainant and such other information as is reasonably available to the Division. Alternatively, the Commission may use its subpoena powers to compel production of the information required by this rule.

KEY: housing, fair housing, discrimination, time

[December 2, 1999]2005

Notice of Continuation January 10, 2002

57-21-1 et seq.

63-46b-1 et seq.

ADDITIONAL INFORMATION

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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.