No. 27622 (Amendment): R35-3. Prehearing Conferences

DAR File No.: 27622
Filed: 12/29/2004, 02:40
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

After a five-year review, the State Records Committee decided to make amendments to this rule.

 

Summary of the rule or change:

Section R35-3-2 that deals with definitions will be removed and placed with the definitions in the newly created rule R35-1a. Section R35-3-3 will be renumbered to R35-3-2. (DAR NOTE: The proposed new rule of R35-1a is under DAR No. 27621 in this issue.)

 

State statutory or constitutional authorization for this rule:

Subsection 63-2-502(2)(a)

 

Anticipated cost or savings to:

the state budget:

There is no cost impact to the state budget since this is a change only in the location of the definitions.

 

local governments:

There is no cost impact to local government since this is a change only in the location of the definitions.

 

other persons:

There is no cost impact to other persons since this is a change only in the location of the definitions.

 

Compliance costs for affected persons:

There is no cost impact since this is a change only in the location of the definitions.

 

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

This rule change allows for easier access to the definitions and does not create any fiscal impact on businesses. Camille Anthony, 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
Records Committee
ARCHIVES BUILDING
SALT LAKE CITY UT 84114

 

Direct questions regarding this rule to:

Janell Tuttle at the above address, by phone at 801-538-3052, by FAX at 801-538-3354, or by Internet E-mail at [e-mail]

 

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:

02/14/2005

 

This rule may become effective on:

02/15/2005

 

Authorized by:

Patricia Smith-Mansfield, Director

 

 

RULE TEXT

R35. Administrative Services, Records Committee.

R35-3. Prehearing Conferences.

R35-3-1. Authority and Purpose.

In accordance with the general objectives of the Government Records Access and Management Act in facilitating access to records, and in keeping with the objectives of hearing procedures found in Section 63-2-403[], Utah Code, to resolve disputes, this rule authorizes and establishes the procedure for holding prehearing conferences.

 

[R35-3-2. Definitions.

In addition to terms defined in Section 63-2-103, Utah Code, and in rule Section R35-2-2 of the Utah Administrative Code, the following terms apply:

(a) "Prehearing" means a meeting by one or more members of the State Records committee to explore issues and facilitate settlement of a records dispute involving a government entity prior to the completion of efforts to resolve such disputes through an official appeals process.

]

R35-3-[3]2. Scheduling Prehearing Conferences.

(a) In the process of planning and organizing efforts to execute appeals which are filed pursuant to Section 63-2-403, 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; or

(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

[July 16, 1999]2005

Notice of Continuation July 2, 2004

63-2-502(2)(a)