DAR File No. 32043

Commerce, Occupational and Professional Licensing

R156-78B-14

Determination - Supplemental Opinion - Certificate of Compliance

NOTICE OF PROPOSED RULE

DAR File No.: 32043
Filed: 10/14/2008, 11:47
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division is proposing an amendment to add additional authorized persons who can sign a prelitigation certificate of compliance or other closing documents.

Summary of the rule or change:

In Subsection R156-78B-14(3), the term "or designee" is being added to the rule.

State statutory or constitutional authorization for this rule:

Subsection 78B-3-416(1)(b)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to reprint the rule once the proposed amendment is made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendment does not apply to local governments; therefore no costs or savings are anticipated.

small businesses and persons other than businesses:

The proposed amendment is only adding additional authorized persons employed in the Division who can sign a prelitigation certificate of compliance or other closing documents. No costs or savings are anticipated for either small businesses or other persons since this amendment is only updating a Division policy regarding signature authority.

Compliance costs for affected persons:

The proposed amendment is only adding additional authorized persons employed in the Division who can sign a prelitigation certificate of compliance or other closing documents. No costs or savings are anticipated for affected persons since this amendment is only updating a Division policy regarding signature authority.

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

This proposed rule change permits the Division Director to designate another Division employee to act on the Director's behalf where necessary to issue a certificate of compliance. No fiscal impact to businesses is anticipated from such an amendment. 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:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@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:

12/01/2008

This rule may become effective on:

12/08/2008

Authorized by:

F. David Stanley, Director

R156. Commerce, Occupational and Professional Licensing.

R156-78B. Prelitigation Panel Review Rule.

R156-78B-14. Determination - Supplemental Opinion - Certificate of Compliance.

(1) Panel Determination.

As soon as is reasonably practicable following the conclusion of a hearing or submission of a case to the panel in accordance with Section R156-78B-13, and, if applicable, submission of briefs by the parties, the panel shall file with the division a determination whether any claim against any respondent is meritorious. If applicable, the determination shall also reflect the panel's evaluation of the damages sustained by the petitioner.

(2) Supplementary Memorandum Opinion.

Within 30 days after filing its determination, the panel shall file a memorandum opinion explaining the panel's determination. The chairman of the panel shall be responsible for the preparation of the memorandum opinion of the panel, but may delegate the initial preparation of the opinion to another member of the panel.

(3) Certificate of Compliance.

Within 15 days after receiving the panel's memorandum opinion, the [d]Director or designee shall issue a certificate of compliance which recites that petitioner has fully complied with the requirements of Section 78B-3-416. With respect to the tolling of the statute of limitations referenced in Section 78B-3-416(3), the 60 day time period mentioned therein shall begin to run as of the date the Director causes the certificate of compliance to be served, the three day mailing period set forth in Section R156-78B-4(3) to be applied.

 

KEY: medical malpractice, prelitigation

Date of Enactment or Last Substantive Amendment: [May 16, 1997]2008

Notice of Continuation: April 9, 2007

Authorizing, and Implemented or Interpreted Law: 78B-3-416(1)(b)