No. 34440 (5-year Review): Rule R895-11. Technology Services Adjudicative Proceedings

DAR File No.: 34440
Filed: 02/15/2011 12:51:15 PM

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:

It is enacted under the authority of Section 63F-1-206. Section 63G-4-202 authorizes the agency to designate categories of adjudicative proceedings to be conducted informally. Additionally, Section 63G-4-203 requires an agency that enacts a rule designating one or more categories of adjudicative proceedings as informal adjudicative proceedings, the agency shall, by rule, prescribe procedures for informal adjudicative proceedings. This rule defines the procedures for informal adjudicative proceedings.

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 were received during and since the last five-year review of the rule from interested persons supporting or opposing the rule.

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

Any adjudicative proceedings initiated according to the Utah Administrative Procedures Act, Section 63G-4-202, which fall under the jurisdiction of the Department of Technology Services are designated as informal proceedings. Section 63G-4-203 requires an agency that enacts a rule designating one or more categories of adjudicative proceedings as informal adjudicative proceedings, the agency shall, by rule, prescribe procedures for informal adjudicative proceedings. This rule defines the procedures for informal adjudicative proceedings, as required by Utah Code. 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:

Technology Services
Administration
450 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Stephanie Weiss at the above address, by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at [e-mail]

Authorized by:

J Stephen Fletcher, CIO and Executive Director

Effective:

02/15/2011

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