No. 32989 (5-year Review): Rule R35-2. Declining Appeal Hearings  

  • DAR File No.: 32989
    Filed: 09/23/2009 10:09:58 AM

    NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

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

    Pursuant to Subsection 63G-2-403(b), the Executive Secretary may decline to schedule a hearing if the Committee has had a previous hearing in which the same record series was found to be properly classified. Rule R35-2 explains the procedures the Executive Secretary must follow for declining an appeal hearing.

    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 written comments have been received.

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

    This rule is necessary so the Executive Secretary and the Committee members are aware of the process for declining an appeal hearing. The rule also allows for a report of declined hearings so Committee members may choose to reverse the decision to decline an appeal. Therefore, this rule should be continued.

    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
    346 S RIO GRANDE
    SALT LAKE CITY, UT 84101-1106

    Direct questions regarding this rule to:

    Effective:

    09/23/2009

    Authorized by:

    Patricia Smith-Mansfield, Director


Document Information

Effective Date:
9/23/2009
Publication Date:
10/15/2009
Filed Date:
09/23/2009
Agencies:
Administrative Services,Records Committee
Authorized By:
Patricia Smith-Mansfield, Director
DAR File No.:
32989
Related Chapter/Rule NO.: (1)
R35-2. Declining Appeal Hearings.