This filing was published in the 06/15/2009, issue, Vol. 2009, No. 12, of the Utah State Bulletin.
Administrative Services, Records Committee
Scheduling Prehearing Conferences
NOTICE OF PROPOSED RULE
DAR File No.: 32686
Filed: 05/19/2009, 04:53
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this amendment is to define purpose and procedures for prehearing conferences.
Summary of the rule or change:
The amendment defines purpose and procedures for prehearing conferences.
State statutory or constitutional authorization for this rule:
Anticipated cost or savings to:
the state budget:
None--Having members of the committee other than the chair able to handle prehearing conferences conducted by members of the committee other than the chair will distribute the work load to distribute among members but will not affect cost except for those members who may travel or participate in such conferences.
None--Prehearing conferences my resolve some records issues before a hearing, but will not affect the cost to a governmental entity unless a hearing is unnecessary and they are saved the cost of representation.
small businesses and persons other than businesses:
None--There will not be a change in cost to small businesses in this procedural change unless they are involved in a hearing. A prehearing conference could resolve an issue before a hearing and thereby save the time involved in a hearing.
Compliance costs for affected persons:
None--Prehearing conferences could save the time necessary for a hearing or refine the issues to be dealt with in a hearing and thereby save time and expense for those involved.
Comments by the department head on the fiscal impact the rule may have on businesses:
There is no cost to the state, local government, or to small business. Kimberly K. Hood, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Administrative Services
346 S RIO GRANDE
SALT LAKE CITY UT 84101-1106
Direct questions regarding this rule to:
Susan Mumford at the above address, by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Patricia Smith-Mansfield, Director
R35. Administrative Services, Records Committee.
R35-3. Prehearing Conferences.
R35-3-2. Scheduling Prehearing Conferences.
(a) In the process of planning and organizing efforts to execute appeals which are filed pursuant to Section 63G-2-403, the chair of the state records committee at his or her discretion, may direct the disputing parties to appear before him or her, in person or telephonically, for a prehearing conference, to be held before any official appeals hearing, for such purposes as:
(1) encouraging exploration of areas of
agreement, including stipulations;[
(2) facilitating settlement of the appeal
(b) In the event that the issue, or issues scheduled for an appeals hearing are resolved at a prehearing conference, the committee chair shall report the settlement to the entire records committee at the next scheduled meeting for the purposes of creating a public record. Any stipulations shall be written and presented to the members of the records committee at the hearing.
KEY: government documents, state records committee, records appeal hearings
Date of Enactment or Last Substantive
March 4, 2005]
Notice of Continuation: July 2, 2004
Authorizing, and Implemented or Interpreted Law: 63G-2-502(2)(a)
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For questions regarding the content or application of this rule, please contact Susan Mumford at the above address, by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at email@example.com
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.
Last modified: 07/14/2009 8:03 PM