This filing was published in the 04/15/2009, issue, Vol. 2009, No. 8, of the Utah State Bulletin.
Labor Commission, Adjudication
NOTICE OF PROPOSED RULE
DAR File No.: 32483
Filed: 03/31/2009, 05:37
Received by: NL
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 occupational safety and health cases by removing the word "substantial" from the phrase "preponderance of evidence".
State statutory or constitutional authorization for this rule:
Sections 34A-6-105, 34A-6-303, 34A-6-304, 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.
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 occupational safety and health hearings at the Labor Commission. There should be no fiscal impact on businesses. Sherie 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
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 firstname.lastname@example.org
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:
This rule may become effective on:
Sherrie Hayashi, Commissioner
R602. Labor Commission, Adjudication.
R602-8. Adjudication of Utah Occupational Safety and Health Citation Claims.
Evidentiary hearing shall be conducted formally in
accordance with Utah Code Section 63G-4-206.
Petitioner shall have the burden of proving the factual and legal
sufficiency of the citation and penalty 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
KEY: occupational safety and health, administrative procedures, hearings, settlements
Date of Enactment or
Last Substantive Amendment: [
Authorizing, and Implemented or Interpreted Law: 34A-6-105, 34A-6-303; 34A-6-304; 63G-4-102 et seq.
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact 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 email@example.com
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.
Last modified: 04/13/2009 4:53 PM