Utah Department of Administrative Services Office of Administrative Rules

File No. 35521

This notice was published in the January 1, 2012, issue (Vol. 2012, No. 1) of the Utah State Bulletin.

Public Safety, Peace Officer Standards and Training

Rule R728-101

Public Petitions For Declaratory Rulings

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35521
Filed: 12/13/2011 01:27:13 PM


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

Subsection 53-6-105(1)(k) provides that the director shall, with the advice of the council, make rules necessary to administer Title 53, Chapter 6. The authority for this rule is authorized under Section 63G-4-301 which describes how interested parties may petition an agency with regard to making, amending, or repealing rules.

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 public comments regarding this rule have been received since the last five-year review.

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

The continuation of this rule is necessary in order to establish the procedure under which an individual or agency may file a petition for a declaratory ruling to the Director of Peace Officer Standards and Training (POST). This rule also establishes the procedures to be followed for the review and disposition of such petitions.

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

Public Safety
Peace Officer Standards and Training
410 W 9800 S
SANDY, UT 84070

Direct questions regarding this rule to:

  • Kelly Sparks at the above address, by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov

Authorized by:

Scott Stephenson, Director



Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2012/b20120101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Kelly Sparks at the above address, by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov.