DAR File No. 32482

Labor Commission, Adjudication

R602-7-4

Hearings

NOTICE OF PROPOSED RULE

DAR File No.: 32482
Filed: 03/31/2009, 05:29
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to remove language that describes the petitioner's burden of proof in an inaccurate and potentially confusing manner.

Summary of the rule or change:

This change amends the description of the petitioner's burden of proof in employment discrimination cases by removing the word "substantial" from the phrase "preponderance of evidence".

State statutory or constitutional authorization for this rule:

Sections 34A-5-107 and 63G-4-102 et seq.

Anticipated cost or savings to:

the state budget:

This rule change only removes inaccurate and confusing language from the rule. It does not change existing law. Consequently, there should be no cost or savings to the state budget.

local governments:

This rule change only removes inaccurate and confusing language from the rule. It does not change existing law. Consequently, there should be no cost or savings to local government.

small businesses and persons other than businesses:

This rule change only removes inaccurate and confusing language from the rule. It does not change existing law. Consequently, there should be no cost or savings to small businesses or persons other than businesses.

Compliance costs for affected persons:

Correction of the inaccurate language in the existing rule will not result in any compliance costs for affected persons.

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

This amendment merely corrects the existing rule's terminology in describing burdens of proof in employment discrimination hearings at the Labor Commission. There should be no fiscal impact on businesses. Sherrie Hayashi, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Labor Commission
Adjudication
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Richard M. Lajeunesse at the above address, by phone at 801-536-7928, by FAX at 801-530-6333, or by Internet E-mail at rlajeunesse@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:

05/15/2009

This rule may become effective on:

05/22/2009

Authorized by:

Sherrie Hayashi, Commissioner

R602. Labor Commission, Adjudication.

R602-7. Adjudication of Discrimination Claims.

R602-7-4. Hearings.

1. Evidentiary hearings shall be conducted formally in accordance with Utah Code Section 63G-4-206. The petitioner shall have the burden of proving the claim of discrimination by a preponderance of [substantial ]evidence. After the close of the proceedings, the administrative law judge will issue an order pursuant to Utah Code Section 63G-4-208.

2. In those cases where the Utah Antidiscrimination and Labor Division in its Determination and Order made a reasonable cause finding, the Utah Antidiscrimination and Labor Division shall be given an opportunity at the evidentiary hearing to briefly outline the basis of its Determination. The presentation by the Utah Antidiscrimination and Labor Division shall not be considered evidence by the administrative law judge in issuing an order.

 

KEY: discrimination, administrative procedures, hearings, settlements

Date of Enactment or Last Substantive Amendment: [March 10], 2009

Authorizing, Implemented or Interpreted Law: 34A-5-107; 63G-4-102 et seq.