DAR File No. 27621

Administrative Services, Records Committee

R35-1a

State Records Committee Definitions

NOTICE OF PROPOSED RULE

DAR File No.: 27621
Filed: 12/29/2004, 02:39
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

After a five-year review, the Committee decided it was best to have all definitions in one place and to create a new rule for the definitions.

Summary of the rule or change:

Currently, the definitions for the State Records Committee administrative rules are scattered throughout each rule. The Committee would like to consolidate the definitions into one new rule, Rule R35-1a. They also want to add a definition to explain a denial.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

Since this is a change in the location of the definitions and an addition of a definition, there is no fiscal impact to the state budget.

local governments:

Since this is a change in the location of the definitions and an addition of a definition, there is no fiscal impact to the local government.

other persons:

Since this is a change in the location of the definitions and an addition of a definition, there is no fiscal impact to other persons.

Compliance costs for affected persons:

Since this is a change in the location of the definitions and an addition of a definition, there is no fiscal impact.

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

This rule is intended to make the definitions easier to access 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.

R35-1a. State Records Committee Definitions.

R35-1a-1. Definitions.

In addition to terms defined in Section 63-2-102, Section 63-2-103, Utah Code, and in Rule Section R35-2-2 of the Utah Administrative Code, the following terms apply to this rule:

(a) "Committee" means the State Records Committee in accordance with Section 63-2-501, Utah Code.

(b) "Denial" means an act taken to restrict access to a government record in accordance with Section 63-2-205 and Subsection 63-2-403(4), Utah Code.

(c) "Executive Secretary" means the individual appointed annually as required in Subsection 63-2-502(3), Utah Code.

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

(e) "Hearing" means a meeting by the committee to hear an appeal of a records decision by a government entity in accordance with Section 63-2-403, Utah Code.

(f) "Order" means the Decision and Order issued by the State Records Committee as provided by Subsection 63-2-403(11), Utah Code.

(g) "Prehearing" means a meeting by one or more members of the State Records committee to explore issues and facilitate settlement of a records dispute involving a government entity prior to the completion of efforts to resolve such disputes through an official appeals process.

(h) "Subpoena" means a written order requiring appearance before the State Records Committee to give testimony in accordance with Section 63-2-403, Utah Code.

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

2005

63-2-502(2)(a)

ADDITIONAL INFORMATION

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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.