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[Utah Administrative Code Table of Contents]
[Title R037. 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.
[Indexing]
KEY: risk management
1988
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
63-1-8[Ed.Note: Apparent Utah Code Ref. not found.]
63-2-45[Ed.Note: Apparent Utah Code Ref. not found.]
63-46b
Notice of Continuation July 22, 1997
