File No. 33134
This rule was published in the November 15, 2009, issue (Vol. 2009, No. 22) of the Utah State Bulletin.
Health, Community and Family Health Services, Children with Special Health Care Needs
Section R398-2-7
Penalty for Violation of Rule
Notice of Proposed Rule
(Amendment)
DAR File No.: 33134
Filed: 11/02/2009 05:47:43 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to remove an obsolete reference to criminal penalties for violating a rule that is no longer supported by statutory delegation of this authority by the Legislature (see H.B. 32, 2009 General Sessions, Utah State Legislature) (DAR NOTE: H.B. 32 (2009) is found at Chapter 347, Laws of Utah 2009, and was effective 05/12/2009.).
Summary of the rule or change:
The reference to criminal penalties for violating this rule is removed.
State statutory or constitutional authorization for this rule:
- Title 26, Chapter 8a
Anticipated cost or savings to:
the state budget:
It is possible that increased focus on use of civil money penalties could have a positive impact on state and local budgets, but any impact is expected to be minimal.
local governments:
It is possible that increased focus on use of civil money penalties could have a positive impact on state and local budgets, but any impact is expected to be minimal.
small businesses:
It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted.
persons other than small businesses, businesses, or local governmental entities:
It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted.
Compliance costs for affected persons:
It is possible that increased focus on use of civil money penalties could have a minimal impact on small and large business. No significant change to current enforcement practices is predicted.
Comments by the department head on the fiscal impact the rule may have on businesses:
Removing obsolete criminal penalties will impose no new fiscal impact.
David N. Sundwall, MD, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
HealthCommunity and Family Health Services, Children with Special Health Care Needs
44 N MARIO CAPECCHI DR
SALT LAKE CITY, UT 84113
Direct questions regarding this rule to:
- Richard Harward at the above address, by phone at 801-584-8529, by FAX at 801-584-8492, or by Internet E-mail at rharward@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:
12/15/2009
This rule may become effective on:
03/15/2010
Authorized by:
David Sundwall, Executive Director
RULE TEXT
R398. Health, Community and Family Health Services, Children with Special Health Care Needs.
R398-2. Newborn Hearing Screening.
R398-2-7. Penalty for Violation of Rule.
Any person who violates any provision of
this rule may be assessed a penalty [not to exceed the sum of $5,000 or be punished for violation
of a class B misdemeanor for the first violation and for any
subsequent similar violation within two years for violation of a
class A misdemeanor] as provided in Section 26-23-6.
KEY: newborn hearing screening
Date of Enactment or Last Substantive Amendment: [September 1, 2001]2009
Notice of Continuation: July 2, 2008
Authorizing, and Implemented or Interpreted Law: 26-10-6
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2009/b20091115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). 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 Harward at the above address, by phone at 801-584-8529, by FAX at 801-584-8492, or by Internet E-mail at rharward@utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.