DAR File No. 27624

Administrative Services, Records Committee

R35-4

Compliance with State Records Committee Decisions and Orders

NOTICE OF PROPOSED RULE

DAR File No.: 27624
Filed: 12/29/2004, 02:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

After a five-year review, the Committee decided to make an amendment.

Summary of the rule or change:

The definitions under Section R35-4-2 will be moved to the newly created Rule R35-1a and Section R35-4-3 will be renumbered to Section R35-4-2. (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.

R35-4. Compliance with State Records Committee Decisions and Orders.

R35-4-1. Authority and Purpose.

In accordance with Subsection 63-2-403(14) Utah Code, this rule intends to establish the procedure for complying with an order of the Records Committee.

[R35-4-2. Definitions.

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

(a) "Order" means the Decision and Order issued by the State Records Committee in accordance with Subsection 63-2-403(11), Utah Code.

]

R35-4-[3]2. Notices of Compliance.

(a) The executive secretary of the state records committee shall send an order of the state records committee by certified mail to the governmental entity ordered to produce records.

(b) Pursuant to Subsection 63-2-403(14), Utah Code, each governmental entity ordered to produce records by the records committee, shall file with the state records committee either a notice of compliance, or a copy of the appellant's notice of appeal of the records committee order, no later than the thirtieth day following the date of the state records committee order.

(c) The notice of compliance shall contain a statement, signed by the head of the governmental entity, that the records ordered to be produced have been delivered to the petitioner, and the method and date of delivery.

(d) In the event a governmental entity fails to file a notice of compliance or a copy of the appellants notice of appeal of the records committee order within the time frame specified, the state records committee shall send written notice of the entity's noncompliance to the governor for executive branch agencies, to the Legislative Management Committee for legislative branch entities, to the Judicial Council for judicial branch entities, and to the mayor or chief executive officer of a local government for local or regional governmental entities.

(e) The state records committee may also impose a civil penalty of up to $500 for each day of continuing noncompliance, but only after holding a discussion of the matter at issue, and obtaining a majority vote at a regularly scheduled committee meeting. The non-complying governmental entity shall be heard at that meeting, with discussion being limited specifically to reasons for the neglectful, willful, or intentional act. Any civil penalty imposed shall be retroactive to the first date of noncompliance.

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

[July 16, 1999]2005

Notice of Continuation July 2, 2004

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.