R450.  Heritage and Arts, Administration.
R450-2.  Preservation Pro Fee.
R450-2-1.  Purpose.
	The purpose of this rule is to establish the procedure regarding user fees for the Preservation Pro tool that is maintained online by the Division of State History within the Department of Heritage and Arts.
	The department is committed to maintaining Preservation Pro in order to streamline the cultural resource management processes.  Therefore, the fees collected will contribute, along with ongoing digitization funds, to the ongoing operation, maintenance, and improvement of the application.

R450-2-2.  Authority.
	The department may make, amend, or repeal rules for the conduct of its business in accordance with Subsection 63G-3-201(2), Utah Administrative Rulemaking Act.

R450-2-3.  Definitions.
	(1)  "Preservation Pro" is an online tool intended to help stakeholders manage Utah's cultural resources data. It contains both public and protected information.  Access to protected information will be governed according to 63G-2, Government Records Access and Management Act.
	(2)  "Department" is the Utah Department of Heritage and Arts.
	(3)  "Executive Director" is the director of the Department of Heritage and Arts.
	(4)  "Division" is the Utah Division of State History in the Department of Heritage and Arts.
	(5)  "Director" is the director of the Division of State History.

R450-2-4.  Fee.
	(1)  The Preservation Pro fee will be established annually through the legislative appropriations process.
	(2)  Fees can be remitted to the Department of Heritage and Arts, Director of Finance, 300 S. Rio Grande, SLC, UT, 84101. Other payment options may be available.  Contact the Director for details.
	(3)  Fees are assessed annually, and are due on the first day of July.  Only entities that have paid their fee or received a fee waiver from the department will be allowed access to Preservation Pro.
	(4)  The annual fee will be prorated by month for entities who request access mid-year.

R450-2-5.  Fee Waiver Process.
	(1)  Organizations that provide grants or data to maintain and improve the application and the database may receive full or partial waivers.
	(2)  Other requests for fee waivers may also be considered.
	(a)  A waiver request application is available from the division.
	(b)  Individuals or organizations seeking a fee waiver should submit their application to the Director, 300 S. Rio Grande, SLC, UT, 84101.
	(c)  Each request shall include justification for the waiver.
	(d)  The Director shall review and determine all fee waivers. In doing so, the Director shall convene a committee that consists of the department's Finance Director, as well as representatives from the division and the Department of Technology Services.
	(i)  This committee will review all waiver requests, and the Director will make the final determination.
	(ii)  The division will then notify the applicant of the decision within 10 business days.
	(iii)  Appeals of decisions shall be made to the Department of Heritage and Arts, Executive Director, 300 S. Rio Grande, SLC, UT, 84101.

KEY:  archaeology, preservation pro, user fee, cultural resources
Date of Enactment or Last Substantive Amendment:  August 31, 2012
Notice of Continuation:  May 31, 2017
Authorizing, and Implemented or Interpreted Law:  9-1-201