DAR File No. 28776

Administrative Services, Records Committee

R35-1

State Records Committee Appeal Hearing Procedures

NOTICE OF PROPOSED RULE

DAR File No.: 28776
Filed: 06/02/2006, 10:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The 2006 Legislative Session expanded the time frames listed in the Government Records Access and Management Act (H.B. 117) and therefore, this rule needs to reflect these changes. (DAR NOTE: H.B. 117 (2006) is found at Chapter 284, Laws of Utah 2006, and was effective 05/01/2006.)

Summary of the rule or change:

In Subsection R35-1-1(1), the Executive Secretary now has five business days to respond to an appeal and the Decision and Order in Subsection R35-1-3(1) can be distributed within five business days after the hearing.

State statutory or constitutional authorization for this rule:

Subsections 63-2-403(4) and 63-2-403(11), and 63-2-502(2)(a)

Anticipated cost or savings to:

the state budget:

There is no fiscal impact to the state budget because this rule change extends the time frames for scheduling a hearing and distributing an order.

local governments:

There is no fiscal impact to local government because this rule change extends the time frames for scheduling a hearing and distributing an order.

other persons:

There is no fiscal impact to other persons because this rule change extends the time frames for scheduling a hearing and distributing an order.

Compliance costs for affected persons:

There are no compliance costs since this rule change extends the time frames for scheduling a hearing and distributing an order.

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

This rule change extends the time frames for scheduling a hearing and distributing an order and does not create any fiscal impact on businesses. D'Arcy Dixon Pignanelli, 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 801-531-3862, by FAX at 801-531-3867, 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:

07/31/2006

This rule may become effective on:

08/07/2006

Authorized by:

Patricia Smith-Mansfield, Director

RULE TEXT

R35. Administrative Services, Records Committee.

R35-1. State Records Committee Appeal Hearing Procedures.

R35-1-1. Scheduling Committee Meetings.

(1) The Executive Secretary shall respond in writing to the notice of appeal within [three]five business days.

(2) Two weeks prior to the Committee meeting or appeal hearing the Executive Secretary shall send a notice of the meeting to at least one newspaper of general circulation within the geographic jurisdiction.

(3) One week prior to the Committee meeting or appeal hearing the Executive Secretary shall post a notice of the meeting indicating the agenda, date, time and place of the meeting at the building where the meeting is to be held and at the Utah State Archives.

R35-1-3. Issuing the Committee Decision and Order.

(1) The Decision and Order shall be signed by the Committee Chair and distributed by the Executive Secretary within [three]five business days after the hearing. Copies of the Decision and Order will be distributed to the petitioner, the governmental entity and all other interested parties. The original order shall be maintained by the Executive Secretary. A copy of the order shall be made available for public access at the Utah State Archives website.

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

Date of Enactment or Last Substantive Amendment: [March 14, ]2006

Notice of Continuation: July 2, 2004

Authorizing, and Implemented or Interpreted Law: 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 801-531-3862, by FAX at 801-531-3867, 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.