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The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

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Rule R37-3. Risk Management Adjudicative Proceedings.

As in effect on August 1, 2009

Table of Contents

R37-3-1. Definitions.

The terms used in this rule are defined in Section 63-46b-2.

R37-3-2. Authority.

This rule is enacted in compliance with the Utah Administrative Procedures Act, Section 63-46b-1(2)(g) et seq., and Section 63A-1-110.

R37-3-3. Purpose.

(1) The Risk Manager designates all agency action subject to the scope and applicability of the Utah Administrative Procedures Act, Title 63, Chapter 46b, as informal proceedings.

(2) Pursuant to Section 63-46b-1(2)(g), all agency action with respect to questions of coverage of the risk management Fund, premiums to be charged by the Fund and the interpretation of policies issued by the Fund are actions relating to contracts for the purchase or sale of goods or services by and for the State or by and for an agency of the State and are excluded from the coverage of the Administrative Procedures Act, Section 63-46b-1 et seq., and these rules.

R37-3-4. Procedure.

In compliance with Section 63-46b-5, the procedure for the informal adjudicative proceedings is as follows:

(1) The agency shall not be required to respond in writing to a request for agency action.

(2) The respondent to a notice of agency action pursuant to Section 63-46b-3 shall file an answer or responsive pleading to the allegations contained in the notice of agency action within 20 days following receipt of the notice of agency action.

(3) No hearing shall be held in any agency informal adjudication unless required by statute.

(4) If the agency does not respond in writing to a request for agency action, or does not issue a written decision or order pursuant to Section 63-46b-5 (1)(i) within 90 days of the filing of the request for agency action, such request shall be deemed denied by the agency.

R37-3-5. Agency Review.

Pursuant to Section 63-46b-12, the risk manager does not recommend and the executive director does not enact a rule permitting agency review.

KEY

risk management

Date of Enactment or Last Substantive Amendment

1988

Notice of Continuation

June 8, 2007

Authorizing, Implemented, or Interpreted Law

63A-1-110; 63-46b

Rule converted into HTML by the Division of Administrative Rules.

For questions regarding the content or application of rules under Title R37, please contact the promulgating agency (Administrative Services, Risk Management). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.

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 rules.

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