DAR File No. 27278

Administrative Services, Records Committee

R35-2

Declining Appeal Hearings

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27278
Filed: 07/02/2004, 02:19
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Under Subsection 63-2-403(4)(b), the Executive Secretary may decline to schedule a hearing if the Committee has had a previous hearing in which the same record series was found to be properly classified. This rule states the procedures the Executive Secretary must follow for declining an appeal hearing.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received in the last five years for this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is necessary so the Executive Secretary and the Committee members are aware of the process for declining an appeal hearing. It also allows for a report of declined hearings so Committee members may choose to reverse the decision to decline an appeal hearing. Therefore, this rule should be continued.

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:

Janell Tuttle at the above address, by phone at 801-538-3052, by FAX at 801-538-3354, or by Internet E-mail at jtuttle@utah.gov

Authorized by:

Patricia Smith-Mansfield, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Janell Tuttle at the above address, by phone at 801-538-3052, by FAX at 801-538-3354, or by Internet E-mail at jtuttle@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.