No. 43609 (Repeal): Rule R277-102. Adjudicative Proceedings

(Repeal)

DAR File No.: 43609
Filed: 03/29/2019 03:42:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-102 was adopted to establish procedures for proceedings under the Utah Administrative Procedures Act (APA). However, most State Board of Education (Board) adjudicative proceedings are covered by exceptions to the APA, and accordingly, this rule has rarely come into play. Because of the limited need to conduct hearings under the APA, the Board recommends the repeal of this rule. There is sufficient guidance under the APA itself to govern hearings under the act in the event one is necessary, as well as a reconsideration of Board action.

Summary of the rule or change:

The Board recommends repealing Rule R277-102 because the rule is no longer necessary. Therefore, this rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Section 63G-4-203
• Article X Section 3
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal.

local governments:

This rule repeal is not expected to have any material impact on local governments' revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal.

small businesses:

This rule repeal is not expected to have any material fiscal impact on small businesses' revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal.

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

This rule repeal is not expected to have any material fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Policy Advisor at the Utah State Board of Education, Jeffrey Van Hulten, has reviewed and approved this fiscal analysis.

Sydnee Dickson, State Superintendent

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

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7550, by FAX at 801-538-7768, 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:

05/15/2019

This rule may become effective on:

05/22/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

[R277-102. Adjudicative Proceedings.

R277-102-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Default" means the failure of a party to an administrative proceeding to meet the requirements or timelines of the proceeding.

C. "Presiding officer" means, in addition to the definition of 63G-4-103(1)(h)(i), the Chair of the Board or any person designated to serve as the presiding officer.

D. "State Superintendent" means the State Superintendent of Public Instruction.

E. "USOE" means the Utah State Office of Education.

 

R277-102-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests the general control and supervision of public education in the Board, Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities, and Section 63G-4-203 which directs agencies to make rules regarding adjudicative proceedings following the general designation of Board hearings as informal.

B. The purpose of this rule is to specify how adjudicative proceedings are conducted before the Board. All procedures shall be consistent with Title 63G, Chapter 4. This rule does not govern Board actions under Subsections 63G-4-102(2)(a),(d),(g),(j),(l), and (p).

 

R277-102-3. Commencement of Adjudicative Proceedings.

A. Any party to an initial determination made by the Board may initiate an adjudicative proceeding under the Administrative Procedures Act and this rule by filing a request for Board action on a form, Request for Board Action, provided by the Board, or by submitting in writing the information required on the form.

B. Each Notice of Board Action and Request for Board Action filed is assigned a number consisting of the year in which the notice or request is filed and another number showing its numerical position among the hearings filed during the year.

R277-102-4. Designation of Adjudicative Proceedings as Formal or Informal.

All proceedings conducted before the Board are initially designated as informal. The presiding officer designated for the proceeding may convert an informal proceeding to a formal proceeding and vice versa under Subsection 63G-4-202(3).

 

R277-102-5. Procedures for Informal Adjudicative Proceedings.

A. The Board may hold a hearing if a request for a hearing is received by the Board within 20 business days of Board action.

B. The Board shall make appropriate arrangements for the hearing including:

(1) determining the date of the hearing;

(2) designating a Board member, USOE employee or another individual as a hearing officer;

(3) designating the hearing location and other necessary information; or

(4) establishing timelines consistent with Section 63G-4-301.

C. The Board may delegate the hearing arrangements and procedures to a hearing officer.

D. The Board may, on a case by case basis, determine if an informal hearing may be held electronically.

E. The Board shall maintain a record of all aspects of an informal adjudicative proceeding.

F. The Board shall issue a decision no later than 120 days from the receipt of the Request for Agency Action and following the conclusion of an informal proceeding.

 

R277-102-6. Procedures for Formal Adjudicative Proceedings.

A. The Board may designate an adjudicative proceeding as formal following a Request for Board Action.

B. If the Board designates a proceeding as formal, the Board may add any of the following procedures, as appropriate, to the hearing procedures designated in R277-102-5:

(1) responsive pleadings;

(2) discovery for parties;

(3) the right to subpoena witnesses;

(4) intervention by third parties;

(5) an electronic recording of the complete proceeding; and

(6) a written final decision consistent with Subsection 63G-4-208(1).

C. For both informal and formal adjudicative proceedings, the Board-designated presiding officer or hearing officer shall have considerable discretion in managing and making procedural and evidentiary decisions throughout the hearing process.

 

R277-102-7. Default.

A. A presiding officer or hearing officer designated for a formal or informal hearing may recommend a default to the Board consistent with deadlines set by the presiding officer and the provisions of Section 63G-4-209.

B. A defaulted party may seek to have a default set aside consistent with Subsection 63G-4-209(3) and timelines set by the presiding officer.

 

R277-102-8. Recommendation to Board.

A. A written hearing report, including findings of fact and conclusions of law, and presiding officer decision shall be submitted to the Board as a recommendation.

B. The Board's final decision following acceptance of written findings is the final administrative decision on the issue, subject to a Request for Reconsideration under Section 63G-4-302.

 

KEY: administrative procedures, rules and procedures

Date of Enactment or Last Substantive Amendment: February 7, 2012

Notice of Continuation: April 4, 2014

Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 63G-4-302; 63G-4-405; 63G-4-503; 53E-3-401(4); Art X Sec 3 ]

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