H.B. 188 Enrolled

1

LABOR COMMISSION RELATED AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael T. Morley
5 Senate Sponsor: Karen Mayne
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Labor Code to address the ability to serve, file, or deliver
10 documents.
11 Highlighted Provisions:
12 This bill:
13 . permits a document to be served, filed, or delivered electronically as provided by
14 rule; and
15 . makes technical and conforming amendments.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 34A-1-304, as last amended by Laws of Utah 2008, Chapter 382
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 34A-1-304 is amended to read:
26 34A-1-304. Definitions -- Rulemaking -- Electronic or similar methods of
27 proceedings.
28 (1) For purposes of this section:
29 (a) "Deliver" means to serve, file, or otherwise provide a document.

30 (b) "Document" includes a notice, order, decision, or other document that is required or
31 permitted by a relevant statute.
32 (c) "Relevant statute" means a provision of:
33 (i) this title;
34 (ii) Title 34, Labor in General, for which the commissioner has regulatory authority;
35 (iii) Title 40, Chapter 2, Coal Mine Safety Act; or
36 (iv) Title 57, Chapter 21, Utah Fair Housing Act.
37 [(1)] (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
38 Act, the commission shall make rules governing adjudicative procedures under a relevant
39 statute, including [the forms of notices] providing the form of a notice and the manner of
40 serving a notice [in all claims].
41 (b) Except as provided in this title and Title 63G, Chapter 4, Administrative
42 Procedures Act, [the rules] a rule made under this section [are] is not required to conform to
43 common law or statutory rules of evidence or other technical rules of procedure.
44 [(2)] (3) The rules made under this section shall protect the rights of the parties and
45 include procedures to:
46 (a) dispose of [cases] a case informally[,] or [to] expedite claims adjudication[,];
47 (b) narrow issues[,]; and
48 (c) simplify the methods of proof at [hearings] a hearing.
49 [(3)] (4) The commission may by rule permit [hearings or other adjudicative
50 proceedings] a hearing or other adjudicative proceeding to be conducted, recorded, or
51 published by [means of electronic devices or other similar methods] an electronic means or
52 similar method.
53 (5) Notwithstanding whether a relevant statute requires that a document be delivered
54 by mail or otherwise, the commission may by rule, made in accordance with Title 63G, Chapter
55 3, Utah Administrative Rulemaking Act, permit a document to be delivered by electronic
56 means pursuant to the rule.