DAR File No. 28165

Public Safety, Driver License

R708-18

Regulatory and Administrative Fees

NOTICE OF PROPOSED RULE

DAR File No.: 28165
Filed: 08/18/2005, 03:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 227 passed in the 2005 legislature authorizing the Driver License Division to issue Driving Privilege Cards to those who qualify as per Section 53-3-205. Because of this change, it became necessary to update the definition section of this rule and change some of the code references to the new code numbering system adopted by the legislature. (DAR NOTE: S.B. 227 (2005) is found at UT L 2005 Ch 20, and was effective 03/08/2005.)

Summary of the rule or change:

The definition section of this rule needed to updated to include information regarding the new Driving Privilege Card and to change some of the references to the new code numbering system.

State statutory or constitutional authorization for this rule:

Subsections 53-3-3104(2) and 63-38-3(2), and Sections 53-3-105, 53-3-808, and 53-3-905

Anticipated cost or savings to:

the state budget:

There are no costs or savings associated with this rule change. This amendment changed some of the code references to the new numbering system adopted by the legislature and updated the definition section to include references to the new Driving Privilege Card.

local governments:

There are no costs associated with this rule to local government because they are not involved in issuing Driving Privilege Cards.

other persons:

Other persons are not affected by this rule change because the changes involved updating the code references and the definition section.

Compliance costs for affected persons:

There are no compliance costs associated with this rule because the changes involved updating the code references and the definition section.

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

There is no fiscal impact on businesses because of this rule change. Robert Flowers, 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:

Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at vroos@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:

10/17/2005

This rule may become effective on:

10/18/2005

Authorized by:

Nannette Rolfe, Director

RULE TEXT

R708. Public Safety, Driver License.

R708-18. Regulatory and Administrative Fees.

R708-18-1. Authority.

This rule is authorized by Section 53-3-104(2), 53-3-105, 53-3-808, 53-3-905 and Subsection 63-38-3(2).

R708-18-2. Definitions as used in this chapter.

(1) "Accident Report" means an officer's report of an accident as described under Subsection [41-6-35(4)]41-6a-402.

(2) "Accompanying data" means supplemental accident reports or addenda there to.

(3) "Driving Record", more commonly known as a Driver License Record (DLR) means a computer generated compilation of particular elements contained in the Driver License Division electronic database, consisting of:

(a) Driver's name;

(b) Driver's license or Driving Privilege Card number;

(c) Driver's date of birth;

(d) Driver's zip code;

(e) Member of military;

(f) Reportable arrests and convictions;

(g) Reportable notices from courts indicating failure to comply with terms of a citation or failure to comply with terms set by the court, pursuant to UCA 53-3-221(2) and 53-3-221(3).

(h) Reportable department actions;

(i) [Driver license status]Driving Privilege Status;

(j) Driver license or Driving Privilege Card issue/expiration dates; and

(k) Driver license or Driving Privilege Card class/type/endorsement.

(4) Driving Record - "Certified Copy" means an authenticated Driving Record and/or accident report and/or accompanying data prepared under the seal of the division. (Other records or information may be included only under order or rule of the court.)

(5) "Photocopies" means the mechanical reproduction of an original digitized or filmed document.

(6) "Recording" means a verbatim magnetic tape or digitized recording of sworn, or unsworn testimony, or information.

R708-18-3. Fees.

The Driver License Division charges user fees for some services. A schedule of these fees is available for public examination at any Driver License office location. These fees are set by the legislature in Section 53-3-105, 808, and 905, and in the annual appropriations act as recorded in "The 'Laws of Utah' as passed at the General Session of the Legislature".

R708-18-4. Exemptions.

The fees established may not be charged to any municipal, county, state or federal agency as defined in Subsection 53-3-105(33)(b).

R708-18-5. Records.

All fees charged shall be receipted and recorded under normal accounting principles established by the Driver License Division.

KEY: driver education, licensing, fees

[October 28, 1996]2005

Notice of Continuation July 30, 2001

63-38-3(2)

[41-6-35(4)]41-6a-402

53-3-104(2)

53-3-105

53-3-808

53-3-905

53-3-221(2)

53-3-221(3)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at vroos@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.