No. 40332 (Repeal): Rule R277-100. Rulemaking Policy

(Repeal)

DAR File No.: 40332
Filed: 04/15/2016 06:07:23 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-100 is repealed based on the Utah State Board of Education's (Board) determination that requirements established in Rule R277-100 for the Board are unnecessary to comply with the Utah Administration Rulemaking Act (UARA). The repeal of Rule R277-100 will bring the Board's rulemaking process closer into conformity with other agencies. The Board has adopted an internal Board policy for rulemaking that is better suited as it is limited to the Board and staff.

Summary of the rule or change:

Rule R277-100 is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Section 53A-1-401
• Title 63G, Chapter 3

Anticipated cost or savings to:

the state budget:

The repeal of Rule R277-100 likely will not result in a cost or savings to the state budget. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board.

local governments:

The repeal of Rule R277-100 likely will not result in a cost or savings to local government. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board.

small businesses:

The repeal of Rule R277-100 likely will not result in a cost or savings to small businesses. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board.

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

The repeal of Rule R277-100 likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board.

Compliance costs for affected persons:

The repeal of Rule R277-100 likely will not result in any compliance costs for affected persons. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board.

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

To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule.

Sydnee Dickson, Interim State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division 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 801-538-7656, 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:

05/31/2016

Interested persons may attend a public hearing regarding this rule:

• 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT

This rule may become effective on:

06/07/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

[R277-100. Rulemaking Policy.

R277-100-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision of public education in the Board;

(b) Title 63G, Chapter 3, the Utah Administrative Rulemaking Act, which specifies procedures for a state agency to follow in making rules; and

(c) Subsection 53A-1-401(3), which authorizes the Board to adopt rules in accordance with its responsibilities.

(2) The purpose of this rule is to conform the rulemaking procedures of the Board and divisions supervised by the Board to those required under the Utah Administrative Rulemaking Act.

 

R277-100-2. Definitions.

(1) Terms used in this rule are defined in Section 63G-3-102 and Rule R15.

(2) As used in this rule:

(a) "Hearing" means an administrative rulemaking hearing.

(b) "LEA" or "local education agency" for purposes of this rule includes the Utah Schools for the Deaf and the Blind.

 

R277-100-3. Petition for Rulemaking -- Appeal.

(1) A person may petition the Board to make, amend, or repeal a rule as provided by Subsection 63G-3-601(3) and Rule R15-2.

(2)(a) The Superintendent shall review a petition prior to consideration by the Board.

(b) The Superintendent shall notify a petitioner of any changes suggested by the Superintendent to the petition.

(3)(a) A petitioner may appeal a decision made by the Superintendent under Subsections 63G-3-601(5) through (7) by sending a signed request for consideration of the appeal, including a copy of the original petition and copies of correspondence with the Superintendent, if any, to the Board Chair.

(b) The Chair shall present the appeal to the Board.

(c) If the Board votes to review the petition, the Board shall schedule the petition for a future meeting of the Board.

(d) The decision of the Board is final.

 

R277-100-4. Procedures for Making, Amending, or Repealing a Rule.

(1) Prior to submitting a proposed rule to the Board, the Superintendent shall make a reasonable effort to solicit information from LEA officials, professional associations, and other affected parties concerning the need for, and content of, the proposed rule.

(2) In addition to the persons described in Subsection 63G-3-301(10), the Superintendent shall also send a copy of the proposed rule or make the rule available electronically to:

(a) school district superintendents and charter school directors; and

(b) another person who, in the judgment of the Superintendent, should receive notice.

(3)(a) The Superintendent shall:

(i) maintain a file containing a copy of the proposed rule and the rule analysis form; and

(ii) make the file available to the public during the regular business hours of the USOE upon request.

(b) The Superintendent shall keep the following in the file:

(i) a written comment;

(ii) a note on a verbal comment;

(iii) information received electronically; and

(iv) a hearing record, if any.

 

R277-100-5. Formal Adoption by the Board of Procedures, Handbooks, and Manuals.

(1) Under Board direction, a division under the supervision of the Board may periodically develop or amend a policy manual or policy handbook that does not meet the definition of a rule.

(2) The Superintendent shall provide an LEA electronic access to the policy manual or handbook considered for adoption by the Board.

 

R277-100-6. Hearings.

(1)(a) For a hearing that is mandatory under Subsection 63G-3-302(2), the Board shall follow the procedures and requirements of:

(i) Section 63G-3-302;

(ii) Rule R15-1; and

(iii) Subsections (6) and (7).

(b) For a hearing that is voluntary, the Board shall follow the procedures and requirements of:

(i) Section 63G-3-302;

(ii) Rule 15-1, except as provided by this section; and

(iii) this section.

(2) Notwithstanding Subsection R15-1-5(2):

(a) the Board may hold the hearing itself or appoint any person who can fairly conduct the hearing, other than the Superintendent, as a hearing officer; and

(b) the hearing officer shall know rulemaking procedures, but may not be directly responsible for administering the rule.

(3) The hearing officer shall rule on a question of relevance and redundancy.

(4) Notwithstanding Subsection R15-1-5(4)(b), a person familiar with the rule at issue may be asked to be present at the hearing to respond to inquiries and to provide information.

(5) A written comment shall include the name, address, and, if applicable, the organization represented by the person making the comment.

(6)(a) The hearing officer shall make written findings and recommendations, including any facts pertinent to the hearing, recommendations for Board action, and reasons for the recommendations.

(b) The hearing officer shall transmit the findings, recommendations, and the complete record of the hearing to the Board as soon as possible following the close of the hearing.

(c) If the Board conducts the hearing, the Chair shall prepare written findings, the decision, and reasons for the decision.

(7)(a)(i) The Board shall issue a written decision as soon as possible after the close of the hearing and before the rule becomes effective.

(ii) The decision shall state:

(A) whether the proposed rule will be adopted, changed, or withdrawn;

(B) any alternative action, such as whether a rule will be proposed on the subject matter of the hearing; and

(C) reasons for the decision.

(iii) The written decision is included in the hearing record.

(b) If the hearing is held under Subsection (1)(a), the Board shall mail a copy of or send electronically the decision to the person who requested the hearing.

 

KEY: administrative procedures, rules and procedures

Date of Enactment or Last Substantive Amendment: November 23, 2015

Notice of Continuation: September 28, 2015

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 63G-3-101 et seq.; 53A-1-401(3)]

 

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