DAR File No. 28562

School and Institutional Trust Lands, Administration

R850-4-300

Fee Waivers

NOTICE OF PROPOSED RULE

DAR File No.: 28562
Filed: 03/20/2006, 07:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Currently, there is no rule-based authorization for either the director or Board to waive fees for any reason. The purpose of this rule amendment is to allow the director to use his discretion in waiving fees when appropriate and in the best interests of the beneficiaries.

Summary of the rule or change:

The proposed amendment will allow the director to waive fees when appropriate and in the best interests of the beneficiaries. It also provides that the director will submit a report to the Board of Trustees, on a semi-annual basis, of any fees waived and the reasons for the waiver.

State statutory or constitutional authorization for this rule:

Subsection 53C-1-302(1)(a)(ii)

Anticipated cost or savings to:

the state budget:

The agency anticipates that there will be a loss of less than $700 per instance to the state budget as a result of the waived fee. However, the instances wherein the fees are waived will typically result in a non-monetary benefit to the agency such as an analysis or report, survey results, or to facilitate an agency-driven action.

local governments:

It is not anticipated that there will be any cost or savings to local government except in the instance where the local government is the applicant, lessee, or permittee. In that case, the savings to local government would be the amount of the waived fee; being less than $700.

other persons:

Other persons could anticipate a small savings if they are the applicant, lessee, or permittee and the director approved a waiver of fees. The amount of savings realized would be less than $700, depending on the amount of the fee that would have been charged.

Compliance costs for affected persons:

There are not any compliance costs for affected persons as a result of allowing the director to waive fees when appropriate beyond what is already in place by rule or statute.

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

In those instances where the imposition of a fee would be unfair to the business involved, and if waiving the fee would not violate the agency's fiduciary duty, an unnecessary fee could be waived. This rule amendment will serve as a benefit to business in every instance of its application. Kevin S. Carter, 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:

Kevin S. Carter at the above address, by phone at 801-538-5101, by FAX at 801-538-5118, or by Internet E-mail at kevincarter@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:

05/15/2006

This rule may become effective on:

05/16/2006

Authorized by:

Kevin S. Carter, Director

RULE TEXT

R850. School and Institutional Trust Lands, Administration.

R850-4. Application Fees and Assessments.

R850-4-300. Fee Waivers.

1. The director may waive any fees when appropriate and when doing so would not be adverse to the interests of the beneficiaries.

2. The director shall provide a semi-annual report to the Board of Trustees of any fees waived and the reasons for waiving the fees.

KEY: administrative procedures, filing fees, rates

Date of Enactment or Last Substantive Amendment: [September 1, 1995]May 16, 2006

Notice of Continuation: June 27, 2002

Authorizing, and Implemented or Interpreted Law: 53C-1-302(1)(a)(ii)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Kevin S. Carter at the above address, by phone at 801-538-5101, by FAX at 801-538-5118, or by Internet E-mail at kevincarter@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.