Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

NOTICES OF PROPOSED RULES DAR File No. 35559(5) Closing the Record. After all testimony, documentaryevidence, and arguments have been presented, the CSRO hearingofficer shall close the record and terminate the proceeding, unlessone or both parties agree to submit a posthearing brief ormemoranda of law within a specified time.(6) Posthearing Briefs. When posthearing briefs ormemoranda of law are scheduled to be submitted, the record shallremain open until the briefs or memoranda are exchanged andreceived by the CSRO hearing officer and incorporated into therecord, or until the time to receive these submissions has expired.After receipt of posthearing documents, or upon the expiration ofthe time to receive posthearing documents, the case is then takenunder advisement, and the period commences for the issuance of thewritten decision.(7) Findings of Fact, Conclusions of Law.Notwithstanding R137-1-21(1)(h) above, following the closing ofthe record, the CSRO hearing officer shall write a decisioncontaining findings of fact and conclusions of law according toSection 67-19a-406 and Section 63G-4-208 of the UAPA, which isincorporated by reference. When the CSRO hearing officer'sdecision and order is filed with the administrator it then becomesthe decision and order of the evidentiary/step 4 hearing.(8) Distribution of Decisions. The administrator shalldistribute copies of the evidentiary/step 4 decision and order to thepersons, parties and representatives of record.(9) Past Work Record. In those proceedings where adisciplinary penalty is at issue, the past employment record of theemployee is relevant for purposes of either mitigating or sustainingthe penalty when substantial evidence supports an agency'sallegations.(10) Compliance and Enforcement. State agencies,department heads, division directors and officials are expected tocomply with decisions and orders issued by the CSRO hearingofficer. Enforcement measures available to the CSRO include:(a) petitioning the governor, who may remove hisappointed state officers with or without cause, and with respect tothose who can only be removed for cause, refusal to obey a lawfulorder may constitute sufficient cause for removal;(b) a mandamus order to compel the official to obey theorder;(c) the charge of a Class A misdemeanor according toSection 67-19-29; and(d) seeking enforcement of a legal decision, order orruling through civil enforcement in the district court according toSubsection 63G-4-501(1) of the UAPA which is incorporated byreference.(11) Rehearings. Rehearings are not permitted.(12) Reconsideration.(a) Section 63G-4-302 of the UAPA is incorporated byreference within this rule, and requests for reconsideration of anevidentiary/step 4 decision will be conducted in accordance withthat section, except for the time period which is stated below.(b) The written reconsideration request must containspecific reasons why a reconsideration is warranted with respect tothe factual findings and legal conclusions of the evidentiary/step 4decision. The same CSRO hearing officer shall decide the proprietyof a reconsideration. A request for reconsideration is filed with theadministrator. To be timely the written request for reconsiderationshall be filed within [ten working days upon receipt of the]twentydays after the evidentiary/step 4 decision [according to the timeperiod at Subsection 67-19a-407(1)(a)(i), not]is issued as providedat Section 63G-4-302.(13) Appeal to the Utah Court of Appeals. To appeal tothe Utah Court of Appeals, a party must file with the court within 30calendar days from the date of issuance of the evidentiary/step 4decision and final agency action according to Sections 63G-4-401and 63G-4-403 of the UAPA, which are incorporated by reference.The dates of mailing, postmarking and receipt are not applicable tofiling with the court.(14) Transcript Fee. The party petitioning the Utah Courtof Appeals for a review must bear all costs of transcript productionfor the evidentiary/step 4 decision. The CSRO may not share anycost for a transcript or transcription of the evidentiary/step 4hearing.KEY: grievance procedures, reconsiderationsDate of Enactment or Last Substantive Amendment:[December 9, 2011]2012Notice of Continuation: July 18, 2011Authorizing, and Implemented or Interpreted Law: 34A-5-106;67-19-16; 67-19-30; 67-19-31; 67-19-32; 67-19a et seq.; 63G-4 etseq.Commerce, Occupational andProfessional LicensingR156-83-502Unprofessional ConductNOTICE OF PROPOSED RULE(Amendment)DAR FILE NO.: 35585FILED: 12/29/2011RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THECHANGE: The Division and the Online Prescribing,Dispensing and Facilitation Licensing Board reviewed the ruleand are now recommending these proposed amendments tofurther clarify and add five additional unprofessional conductviolations.SUMMARY OF THE RULE OR CHANGE: In Section R156-83-502, five additional unprofessional conduct violationsapplicable to licensees under Title 58, Chapter 83, are beingadded.STATUTORY OR CONSTITUTIONAL AUTHORIZATION FORTHIS RULE: Section 58-83-101 and Subsection 58-1-106(1)(a) and Subsection 58-1-202(1)(a)28 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2