No. 29249: R105-1. Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services

DAR File No.: 29249
Filed: 11/22/2006, 03:49
Received by: NL

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:

This rule was adopted pursuant to authority granted by the Chief Procurement Officer of the Division of Purchasing of the Department of Administrative Services under Section 67-5-5 and the Utah Procurement Code, Section 63-56-1 et seq.

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 allows the Attorney General's office to hire outside counsel, expert witnesses, or other providers of litigation support services when determined to be necessary for the handling of lawsuits involving the State's business. Without this authority, the office would be severely handicapped in representing the State in some critical cases. Therefore, this rule should be continued. Expert witnesses are frequently needed to prove a case, other litigation support services are often needed for evidentiary matters, and on occasion outside counsel is essential to handle a case where for some reason, the office either has a conflict or is without the necessary expertise.

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

Attorney General
Administration
Room E320 EAST BUILDING
420 N STATE ST
SALT LAKE CITY UT 84114-2320

Direct questions regarding this rule to:

Jerrold Jensen at the above address, by phone at 801-366-0350, by FAX at 801-366-0352, or by Internet E-mail at [e-mail]

Authorized by:

Ray Hintze, Chief Civil Deputy