No. 42421 (New Rule): Rule R982-800. Utah Data Research Center

(New Rule)

DAR File No.: 42421
Filed: 12/27/2017 12:07:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this proposed rule is to set forth procedures governing the submission of data research requests to the Utah Data Research Center (Center), to establish criteria for how the Center will prioritize the data research requests it receives, and to set minimum standards for the information that must be included in a data research request.

Summary of the rule or change:

During the 2017 General Session, the Utah Legislature passed the Utah Data Research Center Act, S.B. 194 (Act). The Act creates the Center as a centralized, standardized governance structure for the purpose of facilitating data-driven decision-making for education and employment policy and research within the state. Specifically, the Center is granted access to de-identified information from several participating state agencies and entities for the purpose of carrying out research and analysis into K-12 education, postsecondary education, and workforce data and outcomes. The Center replaces the similar, less centralized arrangement that was in place under the auspices of the Utah Data Alliance. The Act instructs the Department of Workforce Services (Department) to make rules establishing a process for submitting data research requests, as well as criteria for how those requests will be prioritized by the Center and the information the Center will require as part of each request. This proposed rule identifies the Center's website as the mechanism for submitting data research requests. This proposed rule also maintains the distinction, spelled out in the Act, between primary requesters (agencies or entities from which the Center is required to accept data research requests) and ancillary requesters (all other persons or entities, including members of the general public). The Act permits the Center to charge the cost of completing a data research request to an ancillary requester. This proposed rule makes clear that ancillary requesters must execute a payment agreement with the Center as a condition of the Center's obligation to complete a request submitted by an ancillary requester. This proposed rule also generally gives priority to primary requesters over ancillary requesters in evaluating their requests. In addition, this proposed rule prioritizes requests that are more likely to provide meaningful policy guidance or to lead to findings likely to be of greater interest to the broader public, as well as requests for which the data being sought is more readily available to the Center. Each data research request is evaluated on these criteria and assigned a score by the Center; the Center then completes each request in order based on this evaluation. The Center has the discretion to deviate from the criteria in cases of compelling public interest as demonstrated by the requester. Finally, this proposed rule specifies the information that must be included in a data research request, including the identity of the requester, the requester's thesis, the research question(s) being investigated, the specific data to be analyzed, and the timeframe for fulfilling the request. If an ancillary requester fails to include this information, the Center may delay or deny the request. The Department has specific authority to make rules governing the Center's operations pursuant to Subsection 35A-14-302(9)(a).

Statutory or constitutional authorization for this rule:

• Section 35A-14-302

Anticipated cost or savings to:

the state budget:

No costs or savings are anticipated because the fee for data research requests was in place previously, and because the program as outlined by the Legislature is intended to be revenue-neutral for the state budget. Specifically, Subsection 35A-14-302(11) provides that the fee shall be used only to cover the costs of operating the Center, and it is the Department's intention to keep the fee the same as it was previously.

local governments:

No costs or savings are anticipated because the fee for data research requests was in place previously and is not expected to change. Specifically, Subsection 35A-14-302(11) provides that the fee shall be used only to cover the costs of operating the center, and it is the Department's intention to keep the fee the same as it was previously.

small businesses:

No costs or savings are anticipated because the fee for data research requests was in place previously and is not expected to change. Specifically, Subsection 35A-14-302(11) provides that the fee shall be used only to cover the costs of operating the center, and it is the Department's intention to keep the fee the same as it was previously.

persons other than small businesses, businesses, or local governmental entities:

No costs or savings are anticipated because the fee for data research requests was in place previously and is not expected to change. Specifically, Subsection 35A-14-302(11) provides that the fee shall be used only to cover the costs of operating the center, and it is the Department's intention to keep the fee the same as it was previously.

Compliance costs for affected persons:

No compliance costs are anticipated because the fee for data research requests was in place previously and is not expected to change. Specifically, Subsection 35A-14-302(11) provides that the fee shall be used only to cover the costs of operating the center, and it is the Department's intention to keep the fee the same as it was previously.

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

After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.

Jon Pierpont, Executive Director

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

Workforce Services
Administration
140 E BROADWAY
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Nathan White at the above address, by phone at 801-526-9647, by FAX at , 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:

02/14/2018

This rule may become effective on:

02/21/2018

Authorized by:

Jon Pierpont, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

The proposed rule is not expected to have any fiscal or non-fiscal impacts on non-small businesses.

 

 

R982. Workforce Services, Administration.

R982-800. Utah Data Research Center.

R982-800-101. Background; Definitions.

(1) The rules in this chapter govern data research requests made to the Utah Data Research Center established pursuant to Utah Code Ann. Section 35A-14-101 et seq.

(2) Terms used in these rules that are defined in Section 35A-14-101 et seq. have the same definitions as stated in those statutes.

(3) In addition, the following definitions apply:

(a) "Primary requester" means one of the following, as set forth in Utah Code Ann. Subsection 35A-14-302(3)(a):

(i) A legislative committee or a legislative staff office;

(ii) The governor or an executive branch agency;

(iii) The State Board of Education;

(iv) The State Board of Regents; or

(v) The Utah College of Applied Technology.

(b) "Ancillary requester" means one of the following, as set forth in Utah Code Ann. Section 35A-14-302:

(i) A state government entity that is not a primary requester;

(ii) A political subdivision of the state;

(iii) A private entity; or

(iv) A member of the public.

(c) "Requester" means a person making a data research request.

 

R982-800-102. Data Research Request Procedures.

(1) Data research requests shall be submitted via an electronic form available on the center's website.

(2) Each data research request must include the information set forth in Section R982-800-104. If the requester fails to include that information:

(a) In the case of a primary requester, the center shall seek the necessary additional information and clarification from the requester, and may decline to act on the request until the necessary additional information and clarification is received;

(b) In the case of an ancillary requester, the center may:

(i) Seek the necessary additional information and clarification from the requester, and may decline to act on the request until the necessary additional information and clarification is received; or

(ii) Deny the request and provide to the requester the reason(s) for the denial of the request.

(3)(a) If the center accepts a data research request from an ancillary requester, the center shall submit to the ancillary requester a payment agreement setting forth at least the following:

(i) The reasonable estimated cost of completing the data research request; and

(ii) The obligation of the ancillary requester to pay the full cost of completing the data research request, even if the full cost differs from the reasonable estimated cost.

(b) The ancillary requester shall execute the payment agreement and return it to the center. If the ancillary requester fails or refuses to execute and return the payment agreement, the center may decline the data research request.

 

R982-800-103. Criteria for Priority of Data Research Requests.

(1) The director, with consultation by the advisory board, shall use the following criteria to determine the priority of the data research requests the center receives:

(a) The type of requester;

(b) The potential of the requester's research to lead to meaningful policy changes or other meaningful impacts for members of the general public; and

(c) The availability of the data being requested.

(2) The director, with consultation by the advisory board, shall evaluate the criteria described in Subsection (1) and assign a numerical score for each data research request. The data research request with the highest score shall be given the highest priority. Remaining data research requests are sorted in order thereafter.

(3) The director, with consultation by the advisory board, may, in his or her discretion, deviate from the criteria described in Subsection (1) if the requester makes a showing of compelling public interest sufficient to justify deviating from the criteria.

 

R982-800-104. Information Required for Data Research Requests.

(1) The following information shall be included in every data research request:

(a) The name of the requester;

(b) The agency or organization with which the requester is affiliated, if any;

(c) The requester's thesis, together with the research question(s) the requester is seeking to answer, described in sufficient detail to allow the center to properly evaluate the request;

(d) A specific description of the data the requester is seeking, including the date range(s) and the variable(s) being studied; and

(e) Any applicable timeframes or deadlines by which the requester seeks to obtain the data being requested.

(2) The center may request other information in addition to the information listed in Subsection (1).

 

KEY: Utah Data Research Center, data research requests

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: 35A-14-302

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