DAR File No. 26843

Administrative Services, Fleet Operations, Surplus Property

R28-3

Utah State Agency for Surplus Property Adjudicative Proceedings

NOTICE OF PROPOSED RULE

DAR File No.: 26843
Filed: 12/09/2003, 12:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment adds a reference to Section 63-46b-1, et seq. It clarifies that, unless required by statute, the Director of the Division of Fleet Operations or his designee has the discretion to grant a hearing on matters over which the Utah State Agency for Surplus Property (USASP) has jurisdiction and are subject to Title 63, Chapter 46b. Furthermore, the amendment clarifies that the Director of the Division of Fleet Operations or his designees have the authority to preside over such matters.

Summary of the rule or change:

This change adds "and Section 63-46b-1, et. seq." to Section R28-3-1. It deletes "USASP" in the second sentence of Section R28-3-3 and adds "Division of Fleet Operations." It deletes the second "USASP" in the first sentence of Subsection R28-3-4(2) and adds "of the Division of Fleet Operations or his designee." It deletes "USASP" in Subsection R28-3-4(8) and adds "of the division of Fleet Operations or his designee." It deletes "USASP director's" in Subsection R28-3-4(9) and adds "rendered by the Director of Fleet Operations or his designee."

State statutory or constitutional authorization for this rule:

Section 63-46b-1 et seq. and 63A-9-801

Anticipated cost or savings to:

the state budget:

Anticipated costs or savings to the state budget, if any are unknown. The amendment merely clarifies that the director of the Division of Fleet Operations or his designee is authorized to be the presiding officer over disputes that are subject to Title 63, Chapter 64b and matters over which, the Utah State Agency for Surplus Property has jurisdiction. It is believed that costs or savings to the state budget will be contingent on the number of cases filed by state agencies and heard by the director of the Division of Fleet Operations or his designee, if any.

local governments:

Anticipated costs or savings to local governments are unknown. The USASP conducts business with local governments. The costs or savings to local governments resulting from the amendment will, as above, be contingent on the number of cases filed and heard, if any.

other persons:

Anticipated costs or savings to other persons are unknown. The USASP deals conducts business with non-governmental entities. The costs or savings to these persons resulting from the amendment will, as above, be contingent on the number of cases filed and heard, if any.

Compliance costs for affected persons:

Compliance costs for affected persons are unknown. Costs associated with filing a request for hearing should be the same regardless who is designated the presiding officer under the rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendment's fiscal impact on businesses is unknown. Costs associated with filing a request for hearing should be the same regardless who is designated the presiding officer under the rule. Fiscal impact on particular businesses should be contingent on the number of cases filed and heard, if any. With regard to the cases heard, the informal nature of the hearing should make the entire process less costly than going to court if the decision rendered is accepted by all parties.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Sal Petilos at the above address, by phone at 801-538-3091, by FAX at 801-538-3844, or by Internet E-mail at spetilos@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/02/2004

This rule may become effective on:

02/03/2004

Authorized by:

Steve Saltzgiver, Director

RULE TEXT

R28. Administrative Services, Fleet Operations, Surplus Property.

R28-3. Utah State Agency for Surplus Property Adjudicative Proceedings.

R28-3-1. Purpose.

As required by the Utah Administrative Procedures Act, this rule provides the procedures for adjudicating disputes brought before the Utah State Agency for Surplus Property under the authority granted by Section[s] 63A-9-801 and Section 63-46b-1, et seq.

R28-3-2. Definitions.

Terms used are as defined in Section 63-46b-2, except "USASP" means the Utah State Agency for Surplus Property, and "superior agency" means the Department of Administrative Services.

R28-3-3. Proceedings to be Informal.

All matters over which the USASP has jurisdiction including bid validity determination and sales issues, which are subject to Title 63, Chapter 46b, will be informal in nature for purposes of adjudication. The Director of the [USASP]Division of Fleet Operations or his designee will be the presiding officer.

R28-3-4. Procedures Governing Informal Adjudicatory Proceedings.

1. No response need be filed to the notice of agency action or request for agency action.

2. The USASP may hold a hearing at the discretion of the [USASP ]director of the Division of Fleet Operations or his designee unless a hearing is required by statute. A request for hearing must be made within ten days after receipt of the notice of agency action or request for agency action.

3. Only the parties named in the notice of agency action or request for agency action will be permitted to testify, present evidence and comment on the issues.

4. A hearing will be held only after timely notice of the hearing has been given.

5. No discovery, either compulsory or voluntary, will be permitted except that all parties to the action shall have access to information and materials not restricted by law.

6. No person may intervene in an agency action unless federal statute or rule requires the agency to permit intervention.

7. Any hearing held under this rule is open to all parties.

8. Within thirty days after the close of any hearing, the [USASP ]director of the Division of Fleet Operations or his designee shall issue a written decision stating the decision, the reasons for the decision, time limits for filing an appeal with the director of the superior agency, notice of right of judicial review, and the time limits for filing an appeal to the appropriate district court.

9. The [USASP director's ]decision rendered by the Director of the Division of Fleet Operations or his designee shall be based on the facts in the USASP file and if a hearing is held, the facts based on evidence presented at the hearing.

10. The agency shall notify the parties of the agency order by promptly mailing a copy thereof to each at the address indicated in the file.

11. Whether a hearing is held or not, an order issued under the provisions of this rule shall be the final order of the superior agency, and then may be appealed to the appropriate district court.

KEY: surplus property, appellate procedures

[1988]2004

Notice of Continuation November 17, 1998

63A-9-801

63-46b

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Sal Petilos at the above address, by phone at 801-538-3091, by FAX at 801-538-3844, or by Internet E-mail at spetilos@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.