DAR File No. 29550

Administrative Services, Fleet Operations, Surplus Property

R28-1

State Surplus Property Disposal

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29550
Filed: 02/26/2007, 11:27
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 63A-9-801(2)(a) states that the division shall make rules establishing a state surplus property program that meets the requirements of this chapter by following the procedures and requirements of Title 63, Chapter 46a, Utah Administrative Rulemaking Act. Subsection 63A-9-801(2)(b) "Those rules shall include: (i) a requirement prohibiting the transfer of surplus property from one agency to another agency without written approval from the division; (ii) procedures and requirements governing division administration requirements that an agency must follow; (iii) requirements governing purchase priorities; (iv) requirements governing accounting, reimbursement, and payment procedures; (v) procedures for collecting bad debts; (vi) requirements and procedures for disposing of firearms; (vii) the elements of the rates or other charges assessed by the division for services and handling; (viii) procedures governing the timing and location of public sales of inventory property; and (ix) procedures governing the transfer of information technology equipment by state agencies directly to public schools. (c) The division shall report all transfers of information technology equipment by state agencies to public schools to the Utah Technology Commission and to the Legislative Interim Education Committee at the end of each fiscal year."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule defines governance and procedures for: agencies to declare state-owned personal property is no longer needed by the agency; sale of hand-held electronic devices to state employees; information technology equipment donated to schools or disabled persons; transfer of property between state agencies; trade in equipment; priority to purchase given to government agencies for 30 days; accounting and reimbursement; bad debt collection; and public sales. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Fleet Operations, Surplus Property
Room 4120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Margaret Chambers at the above address, by phone at 801-538-9675, by FAX at 801-538-1773, or by Internet E-mail at margaretchambers@utah.gov

Authorized by:

Margaret Chambers, Director