No. 27880 (Amendment): R35-1. State Records Committee Appeal Hearing Procedures

DAR File No.: 27880
Filed: 05/12/2005, 10:13
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

After conducting a five-year review of this rule, the State Records Committee determined that additional information was necessary.

 

Summary of the rule or change:

Under Section R35-1-2, the additions to this section expand the options for adjournment, describe Ex Parte Communication between the Parties and the Committee Members, and provide for electronic participation at the meetings either by the parties or Committee Members.

 

State statutory or constitutional authorization for this rule:

Subsection 63-2-502(2)(a)

 

Anticipated cost or savings to:

the state budget:

There will be no fiscal impact to the state since this rule clarifies the procedures for appeal hearings.

 

local governments:

There will be no fiscal impact to local government since this rule clarifies the procedures for appeal hearings.

 

other persons:

There will be no fiscal impact to other persons since this rule clarifies the procedures for appeal hearings.

 

Compliance costs for affected persons:

There will be no fiscal impact to any persons since this rule clarifies the procedures for appeal hearings.

 

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

This rule change clarifies the procedures for appeal hearings and does not create any fiscal impact on businesses. D'Arcy Dixon Pignanelli, Executive Director

 

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

Administrative Services
Records Committee
ARCHIVES BUILDING
346 S RIO GRANDE
SALT LAKE CITY UT 84101-1106

 

Direct questions regarding this rule to:

Janell Tuttle at the above address, by phone at 801-531-3862, by FAX at 801-531-3867, 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:

07/01/2005

 

This rule may become effective on:

07/02/2005

 

Authorized by:

Patricia Smith-Mansfield, Director

 

 

RULE TEXT

R35. Administrative Services, Records Committee.

R35-1. State Records Committee Appeal Hearing Procedures.

R35-1-1. Scheduling Committee Meetings.

(1) The Executive Secretary shall respond in writing to the notice of appeal within 3 business days.

(2) Two weeks prior to the Committee meeting or appeal hearing the Executive Secretary shall send a notice of the meeting to at least one newspaper of general circulation within the geographic jurisdiction.

(3) One week prior to the Committee meeting or appeal hearing the Executive Secretary shall post a notice of the meeting indicating the agenda, date, time and place of the meeting at the building where the meeting is to be held and at the Utah State Archives.

 

R35-1-2. Procedures for Appeal Hearings.

(1) The meeting shall be called to order by the Committee Chair.

(2) Opening statements will be presented by the petitioner and the governmental entity. Each party shall be allowed five minutes to present their opening statements before the Committee.

(3) Testimony shall be presented by the petitioner and the governmental entity. Each party shall be allowed thirty minutes to present testimony and evidence and to call witnesses.

(4) Witnesses providing testimony shall be sworn in by the Committee Chair.

(5) Questioning of the evidence presented and the witnesses by Committee members shall be permitted.

(6) The Committee may view documents in camera.

(7) Third party presentations shall be permitted. At the conclusion of the testimony presented, the Committee Chair shall ask for statements from any third party. Third party presentations shall be limited to ten minutes.

(8) Closing arguments may be presented by the petitioner and the governmental entity. Each party shall be allowed five minutes to present a closing argument and make rebuttal statements.

(9) Committee deliberations.

(a) Following deliberations, a motion to grant in whole or part or to deny the petitioner's request shall be made by a member. Following discussion of the motion, the Chair shall call for the question. The motion shall serve as the basis for the Committee Decision and Order. The Committee shall vote and make public the decision of the Committee during the hearing.

(10) Adjournment.

(a) The Committee may adjourn, reschedule, continue, or reopen a hearing on the motion of a member.

(11) Ex Parte Communication between the Parties and the Committee Members.

(a) Except as expressly authorized by law, there shall be no communication between the parties and the members of the Committee concerning the subject matter of the appeal before the hearing or prior to the issuance of a final Decision And Order. Any other oral or written communication from the parties to the members of the Committee, or from the members of the Committee to the parties, shall be directed to the Executive Secretary for transmittal.

(12) Electronic participation at meetings. The following provisions govern any meeting at which one or more members of the Committee or a party appears telephonically or electronically pursuant to Utah Code Section 52-4-7.8.

(a) The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected. The anchor location, unless otherwise designated in the notice, shall be at the offices of the Division of State Archives, Salt Lake City, Utah.

(b) If one or more members of the Committee or a party may participate electronically or telephonically, public notices of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members of the Committee not participating electronically or telephonically will be meeting and where interested persons and the public may attend and monitor the open portions of the meeting.

(c) When notice is given of the possibility of a member of the Committee appearing electronically or telephonically, any member of the Committee may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the Committee. At the commencement of the meeting, or at such time as any member of the Committee initially appears electronically or telephonically, the Chair shall identify for the record all those who are appearing telephonically or electronically. Votes by members of the Committee who are not at the physical location of the meeting shall be confirmed by the Chair.

 

R35-1-3. Issuing the Committee Decision and Order.

(1) The Decision and Order shall be signed by the Committee Chair and distributed by the Executive Secretary within three business days after the hearing. Copies of the Decision and Order will be distributed to the petitioner, the governmental entity and all other interested parties. The original order shall be maintained by the Executive Secretary. A copy of the order shall be made available for public access at the Utah State Archives[, Research Center] website.

 

R35-1-4. Committee Minutes.

(1) All meetings of the Committee shall be recorded. Access to the audio recordings shall be provided by the Executive Secretary at the Utah State Archives, Research Center.

(2) Written minutes of the meetings and appeal hearings shall be maintained by the Executive Secretary. A copy of the approved minutes shall be made available for public access at the Utah State Archives[, Research Center].

 

KEY: government documents, state records committee[*], records appeal hearings[*]

[March 18, 1999]2005

Notice of Continuation July 2, 2004

63-2-502(2)(a)