DAR File No. 28266

Administrative Services, Administrative Rules

R15-5

Administrative Rules Adjudicative Proceedings

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28266
Filed: 09/29/2005, 05:20
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:

Sections 63-46b-4 and 63-46b-5 permit an agency to designate adjudicative proceedings as informal. If the agency chooses to do so, it must do so by rule. Section 63-46b-21 requires each agency to issue rules that govern procedures for declaratory orders. Subsection 63-46a-10(1)(m) requires the division to administer the Utah Administrative Rulemaking Act, Title 63, Chapter 46a.

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 since this rule was last reviewed.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is necessary and should be continued for the Division to conduct adjudications informally. Without this rule, the Division would be required to follow the costly formal adjudication procedures outlined in the Administrative Procedures Act, Title 63, Chapter 46b, when an adjudication is required. Formal procedures would also impose unnecessary costs on persons affected by a rule. Informal procedures allow the Division to respond to citizens' concerns at the lowest cost to the state and the affected persons. The Division has received no comments in opposition to the rule.

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:

Kenneth A. Hansen at the above address, by phone at 801-538-3777, by FAX at 801-538-1773, or by Internet E-mail at khansen@utah.gov

Authorized by:

Kenneth A. Hansen, Director

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 Kenneth A. Hansen at the above address, by phone at 801-538-3777, by FAX at 801-538-1773, or by Internet E-mail at khansen@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.