Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

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NOTICES OF CHANGES IN PROPOSED RULES DAR File No. 30008 by the federal minimum wage increase. The Labor Commission anticipates that the amendment will have no fiscal impact on its minimum wage enforcement obligations. LOCAL GOVERNMENTS: In light of the expansive reach of the federal minimum wage, most, if not all, of the employers in Utah will be covered by its requirements. Therefore, the Labor Commission does not anticipate that increasing Utah's minimum wage will have any significant effect on local government since virtually all employers will be required to abide by the federal minimum wage increase. OTHER PERSONS: In light of the expansive reach of the federal minimum wage, most, if not all, of the employers in Utah will be covered by its requirements. Therefore, the Labor Commission does not anticipate that increasing Utah's minimum wage will have any significant effect on small businesses and persons other than businesses, since virtually all employers will be required to abide by the federal minimum wage increase. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Labor Commission does not anticipate that increasing Utah's minimum wage will result in any significant increases in compliance costs for affected persons since virtually all employers will be required to abide by the federal minimum wage increase. The Labor Commission anticipates that the amendment will have no fiscal impact on its minimum wage enforcement obligations. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In almost all circumstances, businesses are required to pay employees the minimum wage established by federal law. Consequently, the Utah minimum wage requirement has no additional impact and will not impose additional burden on businesses. Sherrie Hayashi, Commissioner THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: LABOR COMMISSION ANTIDISCRIMINATION AND LABOR, LABOR HEBER M WELLS BLDG 160 E 300 S SALT LAKE CITY UT 84111-2316, or at the Division of Administrative Rules. DIRECT QUESTIONS REGARDING THIS RULE TO: Heather Morrison at the above address, by phone at 801-530- 6921, by FAX at 801-530-7601, or by Internet E-mail at hmorrison@utah.gov INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NO LATER THAN 5:00 PM on 08/31/2007. THIS RULE MAY BECOME EFFECTIVE ON: 09/08/2007 AUTHORIZED BY: Sherrie Hayashi, Commissioner R610. Labor Commission, Antidiscrimination and Labor, Labor. R610-1. Minimum Wage, Clarify Tip Credit, and Enforcement. R610-1-3. Coverage. A. All employers employing workers in the state of Utah, except those exempted by Section 34-40-104, shall pay the established minimum hourly wages of $5.[15]85 an hour for all hours employed effective through [July 23]September 8, 2007; $[5.85]6.55 an hour for all hours employed effective July 24, [2007]2008; [$6.55 an hour for all hours employed effective July 24, 2008; ]and $7.25 an hour for all hours employed effective July 24, 2009. B. As per Sections 34-23-301 and 34-40-103, effective through July 23, 2007, a minor employee shall be paid at least $4.25 per hour for the first 90 days of employment with an employer; and thereafter, [shall be paid the ]minimum wage established in subsection A of this rule. C. Any employer claiming exemption under Subsection 34-40- 104(1)(k), shall provide to the Division a statistical report of the average wage paid within 60 days of the end of the regular operating season. The Division may, upon notice, perform an on-site inspection to verify the report in accordance with Sections 34-40-201 and 34-40- 203. KEY: wages, minors, labor, time Date of Enactment or Last Substantive Amendment: 2007 Notice of Continuation: November 30, 2006 Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63-46b-1 et seq. End of the Notices of Changes in Proposed Rules Section 60 UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15
FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the responsible agency is required to review the rule. This review is designed to remove obsolete rules from the Utah Administrative Code. Upon reviewing a rule, an agency may: repeal the rule by filing a PROPOSED RULE; continue the rule as it is by filing a NOTICE OF REVIEW AND STATEMENT OF CONTINUATION (NOTICE); or amend the rule by filing a PROPOSED RULE and by filing a NOTICE. By filing a NOTICE, the agency indicates that the rule is still necessary. NOTICES are not followed by the rule text. The rule text that is being continued may be found in the most recent edition of the Utah Administrative Code. The rule text may also be inspected at the agency or the Division of Administrative Rules. NOTICES are effective when filed. NOTICES are governed by Utah Code Section 63-46a-9 (1998). Commerce, Administration R151-35 Powersport Vehicle Franchise Act Rule FIVE YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION DAR FILE NO.: 30195 FILED: 07/13/2007, 13:52 NOTICE OF REVIEW AND STATEMENT OF CONTINUATION CONCISE EXPLANATION OF THE PARTICULAR STATUTORY PROVISIONS UNDER WHICH THE RULE IS ENACTED AND HOW THESE PROVISIONS AUTHORIZE OR REQUIRE THE RULE: The Powersport Vehicle Franchise Act (PVFA), Section 13-35-101 et seq., governs the distribution and sales of powersport vehicles through franchise agreements and regulates the relationship between franchisors and franchisees. Section 13-35-104 authorizes the Utah Powersport Vehicle Franchise Advisory Board and the Department of Commerce to promulgate rules regarding the administration of the PVFA. SUMMARY OF WRITTEN COMMENTS RECEIVED DURING AND SINCE THE LAST FIVE YEAR REVIEW OF THE RULE FROM INTERESTED PERSONS SUPPORTING OR OPPOSING THE RULE: No comments have been received regarding this rule in the last five years. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary to administer the registration of franchisees and franchisors and to conduct adjudicative proceedings before the Board. Therefore, the rule should be continued. THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: COMMERCE ADMINISTRATION HEBER M WELLS BLDG 160 E 300 S SALT LAKE CITY UT 84111-2316, or at the Division of Administrative Rules. 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 AUTHORIZED BY: Francine Giani, Executive Director EFFECTIVE: 07/13/2007 Commerce, Real Estate R162-107 Unprofessional Conduct FIVE YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION DAR FILE NO.: 30197 FILED: 07/16/2007, 12:20 NOTICE OF REVIEW AND STATEMENT OF CONTINUATION CONCISE EXPLANATION OF THE PARTICULAR STATUTORY PROVISIONS UNDER WHICH THE RULE IS ENACTED AND HOW THESE PROVISIONS AUTHORIZE OR REQUIRE THE RULE: Subsection 61-2b-29(2)(l) specifies that unprofessional conduct as defined by statute or rule is grounds for disciplinary action. Subsection 61-2b- 6(1)(l) requires the Division of Real Estate to adopt, with the concurrence of the Utah Appraiser Licensing and Certification Board, rules for the administration of the licensing chapter. The rule is necessary for administration of the chapter because it defines certain aspects of unprofessional conduct. SUMMARY OF WRITTEN COMMENTS RECEIVED DURING AND SINCE THE LAST FIVE YEAR REVIEW OF THE RULE FROM INTERESTED PERSONS SUPPORTING OR OPPOSING THE RULE: No written comments have been received. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Since unprofessional conduct, "as defined by statute or rule", is grounds for disciplinary action against a licensed or certified appraiser, it is UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15 61
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TABLE OF CONTENTS 1. SPECIAL NOTICE
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SPECIAL NOTICES Governor's Declarat
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