DAR File No. 27620

Administrative Services, Records Committee

R35-6

Expedited Hearing

NOTICE OF PROPOSED RULE

DAR File No.: 27620
Filed: 12/29/2004, 02:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

After conducting a five-year review, the State Records Committee determined that an amendment was necessary.

Summary of the rule or change:

The definitions under Section R35-6-2 will be moved to the newly created rule R35-1a and the remaining sections will be renumbered. (DAR NOTE: The proposed new rule of R35-1a is under DAR No. 27621 in this issue.)

State statutory or constitutional authorization for this rule:

Subsection 63-2-502(2)(a)

Anticipated cost or savings to:

the state budget:

There is no cost impact to the state budget since this is a change only in the location of the definitions.

local governments:

There is no cost impact to local government since this is a change only in the location of the definitions.

other persons:

There is no cost impact to other persons since this is a change only in the location of the definitions.

Compliance costs for affected persons:

There is no cost impact since this is a change only in the location of the definitions.

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

This rule change allows for easier access to the definitions and does not create any fiscal impact on businesses. Camille Anthony, Executive Director

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

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:

02/14/2005

This rule may become effective on:

02/15/2005

Authorized by:

Patricia Smith-Mansfield, Director

RULE TEXT

R35. Administrative Services, Records Committee.

R35-6. Expedited Hearing.

R35-6-1. Authority and Purpose.

In accordance with Subsection 63-2-403(4)(a), this rule establishes the procedure for requesting and scheduling an Expedited Hearing.

[R35-6-2. Definitions.

In addition to terms defined in Section 63-2-102, Utah Code, and in rule Section R35-2-2 of the Utah Administrative Code, the following apply to this rule:

(a) "Expedited Hearing" means a meeting by the Committee to review a designation of records by a government entity in a quicker manner than in accordance with Subsection 63-2-403(4)(a).

]

R35-6-[3]2. Requests for an Expedited Hearing.

(a) A party appealing a records designation to the Committee may request that a hearing be scheduled to hear the appeal prior to 14 days after the date the notice of appeal is filed by making a written request to the Executive Secretary. A copy of this request shall also be mailed to the government entity.

(b) A written request shall include the reason(s) the request is being made.

(c) The Executive Secretary shall consult with the chair of the Committee to decide whether an Expedited Hearing is warranted.

(d) The standard for granting an Expedited Hearing is "good cause shown." The chair shall take into account the reason for the request, and balance that against the burden to the Committee and the government entity.

R35-6-[4]3. Scheduling the Expedited Hearing.

(a) In the event that an Expedited Hearing is granted, the Executive Secretary shall poll the Committee to determine a date upon which a quorum can be obtained.

(b) After settling on a date no sooner than 5 days nor later than 14 days after the notice of appeal has been filed, the Executive Secretary shall contact the petitioner and government entity and schedule the hearing.

(c) The government entity shall file its response to the appeal with the Executive Secretary, and mail a copy to the petitioner no later than three days prior to the scheduled hearing. The Executive Secretary shall make this response available to the Committee as soon as possible.

R35-6-[5]4. Holding the Expedited Hearing.

(a) With the exception of the time frame for scheduling a hearing and providing responses, all other provisions governing hearings under the Government Records Access and Management Act (GRAMA) shall apply to Expedited Hearings.

KEY: government documents, state records committee, records appeal hearings

[July 16, 1999]2005

Notice of Continuation July 2, 2004

63-2-502(2)

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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.