Utah Department of Administrative Services Division of Administrative Rules

File No. 35018

This rule was published in the August 1, 2011, issue (Vol. 2011, No. 15) of the Utah State Bulletin.


Commerce, Administration

Section R151-4-708

Standard of Proof

Notice of Proposed Rule

(Amendment)

DAR File No.: 35018
Filed: 07/11/2011 10:37:01 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to correct a potential inconsistency within the rule as to the burden of proof in adjudicative proceedings.

Summary of the rule or change:

Section R151-4-708 is amended to indicate an exception to the preponderance of the evidence standard for certain contractor license bonds. A clear and convincing standard was previously adopted by the Division of Occupational and Professional Licensing for limited circumstances relating to contractor licensing bonds identified in Subsection R156-55a-602(4). This rule filing merely references that provision for clarification and internal consistency.

State statutory or constitutional authorization for this rule:

  • Section 13-1-6
  • Subsection 63G-4-102(6)

Anticipated cost or savings to:

the state budget:

No costs are anticipated from this filing which clarifies the standard of proof as to adjudicative proceedings.

local governments:

No costs are anticipated from this filing which clarifies the standard of proof as to adjudicative proceedings.

small businesses:

No costs are anticipated from this filing which clarifies the standard of proof as to adjudicative proceedings.

persons other than small businesses, businesses, or local governmental entities:

No costs are anticipated from this filing which clarifies the standard of proof as to adjudicative proceedings.

Compliance costs for affected persons:

No costs are anticipated from this filing which clarifies the standard of proof as to adjudicative proceedings.

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

No fiscal impact to businesses is anticipated from this clarifying rule 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
Administration
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

  • Masuda Medcalf at the above address, by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@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:

08/31/2011

This rule may become effective on:

09/07/2011

Authorized by:

Francine Giani, Executive Director

RULE TEXT

R151. Commerce, Administration.

R151-4. Department of Commerce Administrative Procedures Act Rule.

R151-4-708. Standard of Proof.

Unless otherwise provided by statute or a rule applicable to a specific proceeding, the standard of proof in a proceeding under this rule (R151-4), whether initiated by a notice of agency action or request for agency action, is a preponderance of the evidence.

 

KEY: administrative procedures, adjudicative proceedings, government hearings

Date of Enactment or Last Substantive Amendment: [April 21, ]2011

Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(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/2011/b20110801.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 Masuda Medcalf at the above address, by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@utah.gov.