Utah Administrative Code
Topic - Health
Title R380 - Administration
Rule R380-1 - Petitions for Department Declaratory Orders
Section R380-1-5 - Petition Disposition
Universal Citation: UT Admin Code R 380-1-5
Current through Bulletin 2023-24, December 15, 2023
(1) The committee or administrative unit within the department making the recommendation to the Executive Director under this rule shall:
(a) review and consider the
petition;
(b) prepare a recommended
declaratory order stating:
(i) the
applicability or non-applicability of the statute, rule, or order at
issue;
(ii) the reasons for the
applicability or non-applicability of the statute, rule, or order;
and
(iii) any requirements imposed
on the agency, the petitioner, or any person as a result of the declaratory
order.
(2) The person or committee making the recommendation under this rule may:
(i) interview the petitioner;
(ii) hold an informal adjudicative hearing to
gather information prior to making its determination;
(iii) hold a public information-gathering
hearing on the petition;
(iv)
consult with other Department staff, committee members, the Attorney General's
Office, other government agencies, or the public; and
(v) take any other action necessary to
provide the petition adequate review and due consideration.
(3) The Executive Director may modify the recommendation, refer the recommendation back for modification, or reject the recommendation. The Executive Director shall prepare the final declaratory order without undue delay and send the petitioner a copy of the order when completed.
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