No. 29809: R305-1. Records Access and Management

DAR File No.: 29809
Filed: 04/12/2007, 09:16
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:

Subsection 63-2-204(2)(d) allows the agency to specify where and to whom requests for access shall be directed. Subsection 63-2-904(2) allows agencies to specify which parts of the agency have responsibilities under the Government Records Access and Management Act (GRAMA), see also Subsection 63-46a-3(3); the rule also has a few provisions notifying the public of interpretations of GRAMA that the Department of Environmental Quality has made, e.g., how time periods under GRAMA will be calculated.

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 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:

It is important for GRAMA requesters to know where within the agency to direct their requests, and how GRAMA-related responsibilities are allocated within the Department. It is also important for the agency to know when the clock starts ticking on a GRAMA request, which in turn depends on whether the request has been addressed to the appropriate division, see Subsection 63-2-204(6)(a). Finally, Subsection 63-46a-3(3) allows rulemaking where the agency is interpreting a statute, and it is an important principle of administrative law that those interpretations be publicly available. 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:

Environmental Quality
Administration
168 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Laura Lockhart at the above address, by phone at 801-366-0283, by FAX at 801-366-0292, or by Internet E-mail at [e-mail]

Authorized by:

Dianne R. Nielson, Executive Director