DAR File No. 28923

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Commerce, Occupational and Professional Licensing

R156-39a

Alternative Dispute Resolution Providers Certification Act Rules

NOTICE OF PROPOSED RULE

DAR File No.: 28923
Filed: 08/14/2006, 05:02
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division has been evaluating the need for each profession's law/rule examination and has determined that the law/rule examination for applicants for certification as an alternative dispute resolution provider (ADRP) can be deleted with no negative impact on the profession.

Summary of the rule or change:

In Section R156-39a-103, updated statutory citation. In Section R156-39a-302c, deleted reference to ADRP Utah Law and Rule Examination.

State statutory or constitutional authorization for this rule:

Section 58-39a-1 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

Proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. Proposed amendments only apply to applicants for certification as an ADRP.

other persons:

Proposed amendments only apply to applicants for certification as an ADRP. Those applicants for certification will see a savings of $75 in that they will no longer be required to take the Utah ADRP Law and Rule Examination. The Division estimates approximately three new ADRPs are certified on a yearly basis, thus resulting in an aggregate savings of $225. It should be noted however, that any testing agency which the Division has contracted with to give the law/rule examination will see a decrease in the examination fees noted above.

Compliance costs for affected persons:

Proposed amendments only apply to applicants for certification as an ADRP. Those applicants for certification will see a savings of $75 in that they will no longer be required to take the ADRP Utah Law and Rule Examination. It should be noted however that any testing agency which the Division has contracted with to give the law/rule examination will see a decrease in the examination fees noted above.

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

The regulated industry will experience a cost-savings as a result of the elimination of the Utah Law and Rule Examination. No further fiscal impact to businesses is anticipated. Francine A. Giani, Executive Director

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:

Daniel T. Jones at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at dantjones@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:

10/02/2006

This rule may become effective on:

10/10/2006

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-39a. Alternative Dispute Resolution Providers Certification Act Rules.

R156-39a-103. Authority - Purpose.

These rules are adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 39a.

[R156-39a-302c. Qualifications for Certification - Examination Requirement.

In accordance with Subsections 58-1-203(2) and 58-1-301(3), the examination requirement for certification in Section 58-1-309 is defined, clarified, or established to include passing of the ADRP Utah law and rules examination.

]KEY: licensing, arbitration, mediation, alternative dispute resolution[*]

Date of Enactment or Last Substantive Amendment: [1994]2006

Notice of Continuation: January 27, 2004

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-39a-1

ADDITIONAL INFORMATION

PLEASE NOTE:

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

For questions regarding the content or application of this rule, please contact Daniel T. Jones at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at dantjones@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.

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