Administrative Rules Review Committee
THE MINUTES OF
June 23, 1997 - 9:00 a.m. -Room 305 State Capitol
Members Present:
Sen. Howard A. Stephenson, Cochair Rep. John B. Arrington
Rep. Byron L. Harward, Cochair Rep. James R. Gowans
Sen. Robert C. Steiner Rep. Martin R. Stephens
Rep. David Ure
Staff Present: Members Absent:
Arthur L. Hunsaker, Research Analyst Sen. Craig A. Peterson
Esther D. Chelsea-McCarty, Associate General Counsel
Barbara A. Teuscher, Committee Secretary
Members excused:
Sen. David L. Buhler
Sen. Mike Dmitrich
Note: A list of others present and copies of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel .
1. Call to Order and Approval of Minutes of Meeting Held June 5, 1997
Chair Harward called the meeting to order at 10:00 a.m.
Because of the lack of a quorum, no action was taken on the minutes of June 5, 1997. They will be approved at the next Administrative Rules Review Committee meeting.
2. Update: Driver License Database/Due Process (Rep. Ure) from October 22, 1996 Meeting
Rep. Ure reminded committee members that this issue was discussed at the October 22, 1996 meeting. He gave a brief overview of Mr. Thomas L. Hurd's personal experience when dealing with the Utah Department of Transportation.
Mr. Skip Nielsen, Records Bureau Chief, Driver License Division, explained what has taken place since the October 22 meeting. At the committee's request the division reviewed their due process system to confirm whether the division is consistent with both the statute and administrative rules. Mr. Nielsen then explained the process used by the division when affording due process to someone who lives out of state and the national requirement that should be followed. He indicated that, although what happened in Mr. Hurd's case was unfortunate, no changes were made to Records Bureau policy because of the greater need to retain the current system to curb driver license fraud.
Committee discussion followed.
Rep. Stephens said it appeared to him that the rule is not working for citizens of the state. He suggested with minor changes it might work for the citizens and still reflect problems the agency is trying to address before revocation.
MOTION: Rep. Stephens moved that the committee consider the rule for nonrenewal in the 1998 General Session and give the agency time between now and then to come back with amendments to the rule. Rep. Stephens withdrew his motion due to the lack of a quorum and upon discovery that agency action was not set forth in rule.
Chair Harward asked the division to come back to revisit this issue and prepare to submit their driver license denial process for rule making.
Mr. Hurd discussed each contact that he had with the State of Utah. Committee discussion and public comment followed.
Note: A copy of Mr. Hurd's presentation given in the October 22, 1996 meeting is on file in the Office of Legislative Research and General Counsel .
Rep. Ure referred to a letter addressed to him and Rep. Stephens from Mr. Rob Isakson, who shares his son's personal experience dealing with the Department of Public Safety.
Mr. Nielsen gave a detailed report on the case, and Rep. Ure said he would check with the constituent.
Note: A copy of Mr. Isakson's letter is on file in the Office of Legislative Research and General
Counsel
3. R909-4 Safety Regulations for Tow Truck (Wrecker) Operations - Tow Truck Requirement, Equipment and Operations -- ( Rep. Harward) _
Rep. Harward requested that agency representatives explain the purpose of the fee increase in the rule.
Mr. David L. Alder, Manager, Motor Carrier Safety, Department of Transportation, discussed the Department of Transportation's responsibility when setting administrative rules and the process used when a police officer comes across an abandoned or damaged vehicle.
Mr. David Woodward, Central Towing Dispatch and Weber County Rotation System, explained that his company operates as a private dispatch service in Weber County.
Mr. Alder discussed fee charges and indicated that rates being charged are based on the cost of doing business. He explained that Weber County's cost of doing business is $10 higher than other tow trucks throughout the state because of the private dispatch service.
Mr. Kent Bishop, Office of the Governor, said the Department of Transportation and the Department of Public Safety promulgated this process as a test. If it proves successful, it will be utilized throughout the state.
Ms. Carol Groustra, Utah Department of Public Safety Communications described the reasons for the testing.
Chair Harward's expressed his concerns with the lack of statutory authorization to write a rule that is different for one county than all other counties.
MOTION: Chair Harward moved that the committee consider this rule for the sunset list. Because of a lack of a quorum, this motion will be voted on at the next rules meeting.
Committee discussion and public comment followed.
4. R162-4-2 Trust Accounts (Existing Rule -- (Rep. Harward)
A handout of the rule and an amendment to the rule was distributed to the committee. Chair Harward said the rule had come to his attention from a broker. Rep. Harward expressed concern with the role principal brokers must play, given the original language of the rule, but added that the proposed amendments were somewhat of an improvement.
Mr. Ted Boyer, Director, and Shelley Wismer, Staff Legal Counsel, Division of Real Estate, addressed the committee. Mr. Boyer indicated that the division has never had a complaint regarding the process. Chair Harward urged individuals to accept mediation as long as it is presented by a professional mediator. Committee discussion followed.
5. Payroll Deduction of Child Support Obligation -- (Rep. Harward) _
Chair Harward asked how the Office of Recovery Services deals with the problem of deducting the proper amount of child support from an individual's payroll check when they are paid every two weeks, which means two extra paychecks each year? Ms. Emma Chacon, Director, Office of Recovery Services, explained that the statute does allow employers to equally divide the amount. The purpose for direction on the federal and state level is to facilitate employers. Ms. Chacon stated that welfare reform is now requiring the use of the standard income polling form, the reason being that there is interstate withholding allowing employers to divide the amount. Ms. Chacon said the division agrees that there is a need to amend the statute.
Mr. James Kidder, Director of the Bureau of Child Support Services, explained the particulars of the case to which Chair Harward referred.
6. Committee Business
-- Upcoming Meeting Dates
July 9, 1997
July 23, 1997
Mr. Hunsaker distributed a document indicating the reading assignments for each committee member. Committee discussion followed.
7. Adjourn
Chair Harward moved to adjourn the meeting at 11:00 a.m. The motion passed unanimously.
F:\USERS\ADMRULES\WPFILES\6-23-97.M2
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