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R156. Commerce, Occupational and Professional Licensing.
R156-78B. Prelitigation Panel Review Rule.
R156-78B-1. Title.

This rule is known as the "Prelitigation Panel Review Rule".

R156-78B-2. Definitions.

In addition to the definitions in Section 78B-3-403, which shall apply to this
rule:

(1) "Answer" means a responsive answer to a request.

(2) "Director" means the Director of the Division of Occupational and Professional
Licensing.

(3) "Meritorious claim" means that there is a basis in fact and law to conclude
that the standard of care has been breached and the petitioner has been injured thereby,
such that the petitioner has a reasonable expectation of prevailing at trial.

(4) "Motion" means a request for any action or relief permitted under Sections
78B-3-416 through 78B-3-420 or this rule.

(5) "Nonmeritorious claim" means that the evidence before the panel is
insufficient to conclude that the case is meritorious, but does not necessarily mean the
case is frivolous.

(6) "Notice" means a notice of intent to commence action under Section 78B-3-412.

(7) "Panel" means the prelitigation panel appointed in accordance with Subsection
78B-3-416(4) to review a request.

(8) "Party" means a petitioner or respondent.

(9) "Person" means any natural person, sole proprietorship, joint venture,
corporation, limited liability company, association, governmental subdivision or agency,
or organization of any type.

(10) "Petitioner" means any person who files a request with the division.

(11) "Pleadings" include the requests, answers, motions, briefs and any other
documents filed by the parties to a request.

(12) "Request" means a request for prelitigation panel review under Section 78B-3-
416.

(13) "Respondent" means any health care provider named in a request.

R156-78B-3. Authority - Purpose.

This rule is adopted by the division under the authority of Subsection 78B-3-
416(1)(b) to define, clarify, and establish the process and procedures which govern
prelitigation panel reviews.

R156-78B-4. General Provisions.

(1) Liberal Construction.

This rule shall be liberally construed to secure the just, speedy and economical
determination of all issues presented to the division.

(2) Deviation from Rule.

The division may permit a deviation from this rule insofar as it may find
compliance therewith to be impractical or unnecessary.

(3) Computation of Time.

The time within which any act shall be done, as herein provided, shall be computed
by excluding the first day and including the last, unless the last day is Saturday,
Sunday or a state holiday, and then it is excluded and the period runs until the end of
the next day which is neither a Saturday, Sunday nor a holiday. When the period of time
prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal
holidays shall be excluded in the computation. Whenever a party has the right or is
required to do some act within a prescribed period after the service of a notice or other
paper upon him and the notice or paper is served upon him by mail, three days shall be
added to the prescribed period.

R156-78B-5. Representations - Appearances.

(1) Representation of Parties.

A party may represent himself individually, or if not an individual, may represent
itself through an officer or employee, or may be represented by counsel.

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(2) Entry of Appearance of Representation.

Parties shall promptly enter their appearances by giving their names and addresses
and stating their positions or interests in the proceeding. When possible, appearances
shall be entered in writing concurrently with the filing of the request for petitioner
and no later than 10 days from service of the request for respondent.

R156-78B-6. Pleadings.

(1) Docket Number and Title.

Upon receipt of a timely Request for Prelitigation Review, the division shall
assign a two letter code identifying the matter as involving this type of request (PR), a
two digit code indicating the year the request was filed, a two digit code indicating the
month the request was filed, and another number indicating chronological position among
requests filed during the month. The division shall give the matter a title in
substantially the following form:


TABLE I


BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING

OF THE DEPARTMENT OF COMMERCE

OF THE STATE OF UTAH

John Doe,
Petitioner Request for
Prelitigation Review

-vs-

Richard Roe, No. PR-XX-XX-XXX
Respondent



(2) Form and Content of Pleadings.

Pleadings must be double-spaced and typewritten and presented on standard 8 1/2" x
11" white paper. They must identify the proceeding by title and docket number, if known,
and shall contain a clear and concise statement of the matter relied upon as a basis for
the pleading, together with an appropriate prayer for relief when relief is sought. A
request shall, by affirmation, set forth the date that the required notice was served,
shall include a copy of the notice and shall reflect service of the request upon all
parties named in the notice and request. When a petitioner fails to attach a copy of the
notice to petitioner's request, the division shall return the request to the petitioner
with a written notice of incomplete request and conditional denial thereof. The notice
shall advise the petitioner that his request is incomplete and that the request is denied
unless the petitioner corrects the deficiency within the time period specified in the
notice and otherwise meets all qualifications to have the request granted.

(3) Signing of Pleadings.

Pleadings shall be signed by the party or their counsel of record and shall
indicate the addresses of the party and, if applicable, their counsel of record. The
signature shall be deemed to be a certification that the signer has read the pleading and
that, to the best of his knowledge and belief, there is good ground to support it.

(4) Answers.

A respondent named in a request may file an answer relative to the merits set forth
in the petitioner's notice. Affirmative defenses shall be separately stated and numbered
in an answer or raised at the time of the hearing. Any answer must be filed no later
than 15 days following the filing of the request.

(5) Motions.

(a) Motions to be Filed in Writing.

Motions shall be in writing unless the motion could not have been anticipated prior
to the prelitigation panel hearing.

(b) Time Periods for Filing Motions and Responding Thereto.

(i) Motions to Withdraw a Request.

Any motion to withdraw a request shall be filed no later than five days before the

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prelitigation panel hearing.

(ii) Motions Directed Toward a Request.

Any motion directed toward a request shall be filed no later than 15 days after
service of the request.

(iii) Motions Directed Toward the Composition of a Panel.

Any motion directed toward the composition of a panel shall be filed no later than
five days after discovering a basis therefore.

(iv) Motions to Dismiss.

Any motion to dismiss shall be filed no later than five days after discovering a
basis therefore.

(v) Extraordinary Motions for Discovery or Perpetuation of Evidence.

Any motion seeking discovery or perpetuation of evidence for good cause shown
demonstrating extraordinary circumstances shall be filed no later than 15 days before the
prelitigation panel hearing.

(vi) Response to a Motion.

A response to a motion shall be filed no later than five days after service of the
motion and any final reply shall be filed no later than five days after service of the
response to the motion.

(c) Affidavits and Memoranda.

The division or panel shall permit and may require affidavits and memoranda, or
both, in support or contravention of a motion.

(d) The division or panel may permit or require oral argument on a motion.

R156-78B-7. Filing and Service.

(1) Filing of Pleadings. All pleadings shall be filed with the division with
service thereof to all parties named in the notice. The division may refuse to accept
pleadings if they are not filed in accordance with the requirements of this rule.

(2) Service. Pleadings and documents issued by the division or panel shall be
served either by personal service or by first class mail. Personal service shall be made
upon a party in accordance with the Utah Rules of Civil Procedure by any peace officer
within the State of Utah or by any person specifically designated by the division. When
an attorney has entered an appearance on behalf of any party, service upon that attorney
constitutes service upon the party so represented.

(3) Proof of Service. There shall appear on all documents required to be served a
certificate of service in substantially the following form:


TABLE II

I hereby certify that I have this day served the foregoing document upon the parties
of record in this proceeding set forth below (by delivering a copy thereof in person )
(by mailing a copy th