NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Labor Commission, Antidiscrimination and Labor, Fair Housing
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R608-1. Utah Fair Housing Rules
B. Purpose of the new rule or reason for the change:
This rule is amended to meet the needs of the Utah Antidiscrimination and Labor Division (Division).
C. Summary of the new rule or change:
This filing amends the administrative rules enacted under the authority of the Utah Fair Housing Act (Act).
The changes to this rule remove language found within the Act and update the filing process to the current process used by the Division.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
There is no anticipated cost or savings associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place.
There is no anticipated cost or savings associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place.
C. Small businesses ("small business" means a business employing 1-49 persons):
There is no anticipated cost or savings associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
There is no anticipated cost or savings associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
There is no anticipated cost or savings associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place.
F. Compliance costs for affected persons:
There is no anticipated cost associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place.
6. Regulatory Impact Summary TableEnter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Utah Labor Commission, Jaceson Maughan, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Section 63G-4-102 et seq.
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Jaceson Maughan, Commissioner
R608. Labor Commission, Antidiscrimination and Labor, Fair Housing.
R608-1. Utah Fair Housing Rules.
R608-1-1. Authority[ and Purpose]. [Pursuant to Section 57-21-8(2)(a), the Utah Labor Commission adopts this rule to establish the procedures necessary to implement]This rule is enacted under the authority of Subsection 57-21-8(2)(a) of the Utah Fair Housing Act. R608-1-2. Definitions.
The following definitions are in addition to the definitions specified[set forth] in [Section 57-21-2 of ]the Utah Fair Housing Act. A. "Act" means the Utah Fair Housing Act[, Chapter 21, Title 57]. [B. "Commissioner" means the Commissioner of the Utah Labor Commission.] [C]B. "Complaint" means an allegation of an unlawful housing practice, filed with the Division in compliance with the Act, the Utah Administrative Procedures Act, and this rule.[ these rules.] "Complaint" includes amended [or supplemental ]C[c]omplaints. [D. "Court" means the district court in the judicial district of the state of Utah in which the asserted unfair housing practice occurred, or if this court is not in session at that time, then any judge of any court.] E. "Unlawful housing practice" means any [discriminatory ]housing practice prohibited by the Act. [R608-1-3. Reliance on State and Federal Precedent.] [The Division and Commission will consider relevant State and Federal precedent in interpreting and applying the Act.] [R608-1-4. Computation of Time Limits.][A. A Determination, Order, or Notice required by the Act or this rule is deemed issued on the date on the face of the Determination, Order or Notice.] [B. A complaint, response, request for reconsideration, or election is considered to be "filed" on the date it is received by the Division or Commission, whether by mail or by personal delivery. Each such document shall be date stamped by Division staff on the date of receipt.] [C. In computing any period of time prescribed or allowed by these rules or by applicable statute:] [1. The day of the act, event, finding, or default, or the date an Order is issued, shall not be included;] [2. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a state legal holiday, in which event the period runs until the end of the next working day;] [3. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded in the computation;] [4. No additional time for mailing will be allowed.] R608-1-[5]3. Proceedings Designation.[Designation of Proceedings as Informal-Exception.] A. Proceedings before the Division shall be designated as informal pursuant to the Utah Administrative Procedures Act.[All proceedings pursuant to the Act and this rule are hereby designated as informal adjudicatory proceedings for purposes of the Utah Administrative Procedures Act, Title 63, Chapter 46b, except that proceedings before the Commission's Adjudication Division for de novo review of the Director's Determination and Order are formal proceedings.] [B. Court proceedings are subject to the court's rules of procedure.] R608-1-[6]4. Complaints[-Filing-Time Limits-Amendment and Withdrawal]. A. Any person aggrieved by an unlawful housing practice may file a C[c]omplaint with the Division. [1. The complaint must be in the form designated by the Division and verified by the complainant.] 1. A Complainant or the Complainant's representative shall initiate a Complaint by completing and submitting an intake questionnaire electronically through the Division's website. a. A Complainant or the Complainant's representative may not file an intake questionnaire in any manner other than electronically through the Division's website without prior permission from the Division. 2. The [complaint ]intake questionnaire shall contain the complainant's concise statement setting forth, to the extent reasonably possible, the following information: a. The specific basis for complainant's belief that an unlawful housing practice has occurred, with relevant dates[, places] and the names of any individual participating in the alleged unlawful housing practice; b. The specific basis for the complainant's belief that the alleged conduct is subject to the Act; and the dates [and places ]of [such ]the alleged unlawful housing practices[;]. [c. The specific damages the complainant believes he or she has suffered as a result of the unlawful housing practice.] 3. If the intake questionnaire contains sufficient information to support a Complaint, the Division shall: a. draft a Complaint based on the intake questionnaire; and b. provide the Complaint to the Complainant for signature. 4. If the intake questionnaire does not contain sufficient information to support a charge of discrimination, the Division may reject the intake questionnaire. 5. The Division shall use the date the Complainant signs the Complaint drafted by the Division as the date of the verified Complaint for purposes of Subsection 57-21-9(1). [B. Division staff shall be available during normal business hours to provide reasonable assistance to complainants in completing and filing complaints.] [C. Pursuant to Section 57-21-9(1), the complaint must be filed with the Division within 180 days after the alleged unlawful housing practice occurred.] [D]B. The [Director ]Division shall permit a complaint to be reasonably [and fairly ]amended.[ or supplemented, either by the Division or by the complainant, in order to accomplish the purpose of the Act. Such amendment or supplement may include additional respondents identified in the investigation as persons engaged in the unlawful housing practice on which the complaint is based. Procedures for filing and processing an amended or supplemental complaint shall be the same as for filing an original complaint.] [E]C. With the Director's approval, a complainant may withdraw a C[c]omplaint at any time by submitting a signed request for withdrawal to the Division. R608-1-[7]5. Notice Requirements. A. Within ten calendar days of the filing of a C[c]omplaint, the Division shall provide notice [by registered mail ]to the complainant, including: 1. [The date the complaint was filed with the Division]Acknowledgement of receipt of the Complaint for filing; 2. The designation of a Complaint number;[A copy of the complaint;] 3. Information related to the Division's processing procedures including the name and telephone number of a Division contact;[The time limits applicable to the complaint and investigation process;] 4. A statement of the complainant's rights and obligations under the Act;
5. A statement of the [c]Complainant's right to commence a private civil action in state or federal court, with a statement of applicable time limits for commencing such action; 6. A statement advising the [c]Complainant that retaliation against any person, or individual associated with that person, who is filing, testifying, assisting, or participating in an investigation, conciliation or administrative proceeding, is a discriminatory housing practice prohibited by the Act; and 7. A statement, if applicable, that the terms of any rental agreement remain in effect.
B. Within ten calendar days of the filing of a C[c]omplaint, the Division shall provide notice by certified[registered] mail to the respondent, which notice shall include: 1. Identification of the alleged unlawful housing practice on which the [c]Complaint is based; [A. If the Director finds no reasonable cause to believe that an unlawful housing practice has occurred, or is about to occur, the Director shall issue a Determination and Order dismissing the Complaint.][B. The complainant may ask the Director to reconsider such order of dismissal by complying with the requirements of Section 63G-4-302 of the Utah Administrative Procedures Act.] [C. The Director shall issue a decision either granting or denying the request for reconsideration.] [1. If the Director grants reconsideration, the Director shall reopen the investigation, amend the Director's prior Determination and Order, or take such other necessary action.] [2. If the Director denies reconsideration, the Director's Determination and Order is not subject to any additional agency or judicial review. However, the complainant may commence a private civil action pursuant to Section 57-21-12(1).] R608-1-[13]8. [Order Finding Unlawful Housing Practice-]Appeal-Choice of Forum. [A. If the Director concludes that an unlawful housing practice has occurred, the Division shall informally attempt to eliminate or correct the unlawful housing practice by conducting a conciliation conference pursuant to R608-1-11.] [B. If conciliation is unsuccessful, the Director shall issue a determination ordering appropriate relief as authorized by Section 57-21-11. The Director's determination shall be made public unless the Director determines that the matter involves a privacy interest entitled to protection by law, or that disclosure is not required to further the purposes of the Act.] [C. A respondent disagreeing with the Director's determination may obtain de novo review by filing a written request for review with the Director within 30 days from the date the Director's determination.] [1. If no timely request for de novo review is filed, the Director's determination is the Commission's final order and not subject to additional agency or judicial review.] [2]A. If a timely request for de novo review is filed, the [Director ]Division shall: [a]1. Notify the parties of such request for review[ by regular mail at their last known address of record]; and [b]2. Inform the parties that the review proceeding will be conducted by the Commission's Adjudication Division unless [any ]a party elects to have such review conducted in court. [3]B. An[y] election for court review must be received by the [Director ]Division within 20 days of the date of mailing of the [Director's ]notice of request for review. [R608-1-14. Representation of Complainants.] [A. If a respondent has requested de novo review of the Director's Determination, the Commission shall consider whether the Determination is supported by substantial evidence.] [B. If the Commission concludes the Determination is supported by substantial evidence, the Commission shall provide legal representation to support the Determination in the de novo review proceeding.] [C. If the Commission concludes the Determination is not supported by substantial evidence, the Commission shall not provide legal representation to support the Determination in the de novo review proceeding.] [D. The Commission shall notify the parties of its conclusion regarding the existence or nonexistence of substantial evidence to support the Director's Determination within twenty days from the date the respondent files a request for de novo review.] [E. The Commission's conclusion regarding the existence or nonexistence of substantial evidence to support the Director's Determination is not subject to further agency or judicial review.] R608-1-[15]9. Procedures For De novo Review. A. If[, in accordance with the provisions of these rules,] a de novo review [proceeding ]is to be conducted by the [Commission's ]Adjudication Division:[, the following standards apply:] 1. The Division shall refer the matter to the Adjudication Division, which shall designate an Administrative Law Judge to serve as presiding officer;
[2. The proceeding shall be conducted as a formal agency adjudicative proceeding pursuant to the relevant provisions of the Utah Administrative Procedures Act, Title 63G, Chapter 4; 3]2. Within 30 days from referral, the Administrative Law Judge shall schedule an evidentiary hearing to be held within 120 days of the referral, unless it is impracticable to do so; [4]3. Any aggrieved party may intervene in the action; [5]4. The Commission shall make final administrative disposition of the C[c]omplaint within one year after the C[c]omplaint is filed unless it is impracticable to do so. If the agency is unable to make a final administrative disposition within one year, the Commission shall notify the parties in writing of the reason for the delay. [B. If, in accordance with the provisions of these rules, a de novo review proceeding is to be conducted in court, the following standards apply:] [1. If, pursuant to Rule R608-1-14, the Commission has concluded the Director's Determination is supported by substantial evidence, the Commission shall commence a court action to support the Determination. Such action shall be commenced within 30 days from the date of the election for court review.] [2. If, pursuant to Rule R608-1-14, the Commission has concluded the Determination is not supported by substantial evidence, the Commission shall not commence a court action to support the Determination. In such case, the complainant may commence a civil action in a court of competent jurisdiction as provided by the Act.] R608-1-[16]10. Declaratory Orders. [A. Purpose. As required by Section 63G-4-503, this rule provides the procedures for submission, review, and disposition of petitions for agency Declaratory Orders on the applicability of statutes, rules, and orders governing or issued by the agency.] [B. Petition Form and Filing.] [1. The petition shall be addressed and delivered to the Director who shall mark the petition with the date of receipt.] [a. be clearly designated as a request for an agency Declaratory Order;] [b. clearly identify the statute, rule, or order to be reviewed;] [c. describe in detail the situation or circumstances in which applicability is to be reviewed;][d. describe the reason or need for the applicability review, addressing in particular why the review should not be considered frivolous;] [e. include an address and telephone number where the petitioner can be contacted during normal business hours;] [f. declare whether the petitioner has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; and] [g. be signed by the petitioner.] [1. the agency shall not review a petition for a Declaratory Order that is:] [a. not within the jurisdiction and competency of the agency;] [b. trivial, irrelevant, or immaterial; or] [c. otherwise excluded by state or federal law.] [2. The Director shall promptly review and consider the petition and may:] [a. meet with the petitioner;] [b. consult with counsel or the Attorney General; or] [c. take any action consistent with law that the agency deems necessary to provide adequate review and due consideration of the petition.] [3. The Director may issue a Declaratory Order pursuant to Section 63G-4-503(6).] [D. Administrative Review.] [1. Administrative review of the Director's Declaratory Order shall be conducted pursuant to Section 63G-4-302.] A. A Request for Declaratory Order shall be delivered to the Division and shall contain the following: 1. A clear statement that the Petitioner is requesting a declaratory order pursuant to the Administrative Procedures Act; 2. The statute, administrative rule, or order to be reviewed; 3. A detailed description of the specific circumstances in which applicability of the statute, rule or order, is to be reviewed; 4. A description of the need for the applicability review; 5. Identification of the person or agency directly affected by the statute, rule, or order; 6. The name, address, telephone number, and email address of the Petitioner; 7. The name, address, telephone number, and email address of all other parties to the proceeding; 8. A statement of whether the Petitioner has participated in an adjudicative proceeding concerning the same issue within the last 12 months; 9. A statement that the Petitioner consents to the determination and issuance of a declaratory order that may substantially prejudice their rights if they are a necessary party to an action; and 10. The Petitioner's signature. B. The Division will not issue a declaratory order in the following circumstances: 1. A Petitioner fails to submit a completed Request for Declaratory Order as set forth in Part A of this rule; 2. The Request is prohibited by the Administrative Procedures Act; 3. The Request concerns matters that are trivial, irrelevant, or immaterial; 4. The Request raises questions that are clear and do not warrant an order; 5. The Request arises out of pending or anticipated litigation that is more properly addressed in that forum; 6. The Request is prohibited by state or federal law; or 7. The Request challenges the validity of a federal statute or regulation. C. Upon receipt of a Request for Declaratory Order, the Director shall review and consider the Request and may: 1. Request additional information from the Petitioner; and 2. Issue an order consistent with the Utah Administrative Procedures Act. [R608-1-17. Assistance Animals.] [1. Pursuant to the Utah Fair Housing Act and the federal Fair Housing Act, this rule defines the circumstances in which an individual with a disability is entitled to an assistance animal as a reasonable accommodation in a dwelling that would otherwise restrict or prohibit the presence of an animal. The term "assistance animals" as used in this rule means animals that assist, support, or provide service to persons with disabilities and may include or otherwise be referred to as service animals, emotional support animals, assistive animals, or therapy animals.] [2. The assistance animal must be necessary to afford the individual an equal opportunity to use and enjoy a dwelling or to participate in the housing service or program. This requires a demonstrable relationship between the individual's disability and the assistance the animal provides.] [a. Housing providers are entitled to verify the existence of the individual's disability as well as the need for the assistance animal as an accommodation for that disability if either is not readily apparent. Accordingly, an individual proposing an assistance animal as a reasonable accommodation for a disability may be required to provide documentation form a physician, psychiatrist, or other qualified healthcare professional that the animal provides support that alleviates a symptom or effect of the disability.] [b. Housing providers need not permit an assistance animal as an accommodation to a person with a disability if the provider demonstrates that allowing the assistance animal would impose an undue financial or administrative burden or would fundamentally alter the nature of a housing facility, program or service.] [c. Housing providers are not required to provide an accommodation that poses a direct threat to the health or safety of others. Thus, if a particular assistance animal has a history of dangerous behavior, if the animal is out of control and its handler does not take effective action to control it, the housing provider is not required to accept the assistance animal.] [B. Relationship of this rule to other laws addressing service animals.] [1. The federal Fair Housing Act, the Utah Fair Housing Act and this rule establish the standards for assistance animals as a reasonable accommodation in housing.] [2. This rule does not apply to use of service animals in public areas, common carriers, public conveyances, public accommodations or places of amusement, which are governed by standards set forth in Utah Code Ann. Section 62A-5b-101 et seq., "Rights and Privileges of a Person with a Disability."] KEY: housing, fair housing, discrimination, time
Date of Last Change: 2026[November 21, 2011]Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.
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