Vol. 2010, No. 11 (06/01/2010) PDF - Administrative Rules - Utah.gov

DAR File No. 33616
NOTICES OF PROPOSED RULES
SUMMARY OF THE RULE OR CHANGE: This rule filing
clarifies that orders subsequent to an emergency hearing
shall be issued within 15 days after conclusion of the hearing.
It also makes clarifying amendments as to the numbering
system for agency pleadings.
STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR
THIS RULE: Subsection 13-1-6(1) and Subsection
63G-4-102(6)
ANTICIPATED COST OR SAVINGS TO:
♦ THE STATE BUDGET: No costs to the state budget are
anticipated in this filing which clarifies the time frame for
issuance of an order in an emergency proceeding and makes
other clarifying amendments as to how pleadings are
numbered.
♦ LOCAL GOVERNMENTS: Local governments are not
affected by emergency proceedings by this agency, and even
if they were, this rule filing clarifies the time frame for
issuance of an order in an emergency proceeding, which
should not result in any costs.
♦ SMALL BUSINESSES: In the event that small businesses
are involved in any emergency proceeding, this rule filing
could result in some costs savings to small businesses in that
it requires an order subsequent to an emergency hearing to
be issued within 15 days.
♦ PERSONS OTHER THAN SMALL BUSINESSES,
BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In
the event that persons other than small businesses,
businesses or local government entities are involved in any
emergency proceeding, this rule filing could result in some
costs savings to these persons in that it requires an order
subsequent to an emergency hearing to be issued within 15
days.
COMPLIANCE COSTS FOR AFFECTED PERSONS:
Affected persons involved in any emergency proceeding
could see some cost savings from this rule filing, as an order
in their case would be entered within 15 days after conclusion
of the hearing. The amount of that cost savings, however, is
difficult to determine.
COMMENTS BY THE DEPARTMENT HEAD ON THE
FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:
The only anticipated fiscal impact to businesses from this
filing would be cost savings resulting from a quicker process.
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 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 NO
LATER THAN AT 5:00 PM ON 07/01/2010
THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2010
AUTHORIZED BY: Francine Giani, Executive Director
R151. Commerce, Administration.
R151-46b. Department of Commerce Administrative
Procedures Act Rules.
R151-46b-7. Pleadings.
(1) Docket Number and Title.
An agency shall assign a docket number to each notice of
agency action and, where appropriate, to each request for agency
action. The docket number shall consist of a letter code identifying
the agency in which the matter originated (CORP-Corporations;
CP-Consumer Protection; CCS-Committee of Consumer Services;
DOPL-Occupational and Professional Licensing; D-Diversion;
NAFA-New Automobile Franchise Act; PVFA-Powersport Vehicle
Franchise Act; RE-Real Estate, AP-Real Estate Appraisers; MG-
Mortgage; SD-Securities), a numerical code indicating the year the
matter arose, and another number indicating chronological position
among notices of agency action or requests for agency action filed
during the year. The department shall give each adjudicative
proceeding a title that shall be in substantially the following form:
BEFORE THE (DIVISION/COMMITTEE)
OF THE DEPARTMENT OF COMMERCE
OF THE STATE OF UTAH
In the Matter of
(the application,
petition or license
of John Doe)
TABLE I
(Notice of Agency Action)
(Request for Agency Action)
No. AA-2000-001
(2) Content and Size of Pleadings.
Pleadings shall be double-spaced, typewritten and
presented on standard 8 1/2 x 11 inch white paper. Pleadings shall
contain a clear and concise statement of the allegations or facts
relied upon as the basis for the pleading, together with an
appropriate prayer for relief when relief is sought.
(3) Signing of Pleadings.
Pleadings shall be signed by the party or the party's
representative and shall show the signer's address. The signature
shall be deemed to be a certification that the signer has read the
pleading and that, to the best of his knowledge and belief, there is
good ground to support it.
(4) Amendments to Pleadings.
A party may amend a pleading once as a matter of course
at any time before a responsive pleading is served. Otherwise, a
party may amend a pleading only by leave of the presiding officer
or by written consent of the adverse party. Leave shall be freely
given when justice so requires. A party shall plead in response to an
amended pleading within the time remaining for response to the
original pleading or within ten days after service of the amended
pleading, whichever period may be longer, unless the presiding
officer otherwise orders. Defects in a pleading that do not affect
UTAH STATE BULLETIN, June 01, 2010, Vol. 2010, No. 11 47