DAR File No.: 28776
Filed: 06/02/2006, 10:36
Received by: NLRULE ANALYSIS
Purpose of the rule or reason for the change:
The 2006 Legislative Session expanded the time frames listed in the Government Records Access and Management Act (H.B. 117) and therefore, this rule needs to reflect these changes. (DAR NOTE: H.B. 117 (2006) is found at Chapter 284, Laws of Utah 2006, and was effective 05/01/2006.)
Summary of the rule or change:
In Subsection R35-1-1(1), the Executive Secretary now has five business days to respond to an appeal and the Decision and Order in Subsection R35-1-3(1) can be distributed within five business days after the hearing.
State statutory or constitutional authorization for this rule:
Subsections 63-2-403(4) and 63-2-403(11), and 63-2-502(2)(a)
Anticipated cost or savings to:
the state budget:
There is no fiscal impact to the state budget because this rule change extends the time frames for scheduling a hearing and distributing an order.
local governments:
There is no fiscal impact to local government because this rule change extends the time frames for scheduling a hearing and distributing an order.
other persons:
There is no fiscal impact to other persons because this rule change extends the time frames for scheduling a hearing and distributing an order.
Compliance costs for affected persons:
There are no compliance costs since this rule change extends the time frames for scheduling a hearing and distributing an order.
Comments by the department head on the fiscal impact the rule may have on businesses:
This rule change extends the time frames for scheduling a hearing and distributing an order 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 84101-1106Direct 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 jtuttle@utah.gov
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:
07/31/2006
This rule may become effective on:
08/07/2006
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 [
three]five 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.
R35-1-3. 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]five 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 website.KEY: government documents, state records committee, records appeal hearings
Date of Enactment or Last Substantive Amendment: [
March 14,]2006Notice of Continuation: July 2, 2004
Authorizing, and Implemented or Interpreted Law: 63-2-502(2)(a)
Document Information
- Effective Date:
- 8/7/2006
- Publication Date:
- 07/01/2006
- Filed Date:
- 06/02/2006
- Agencies:
- Administrative Services,Records Committee
- Rulemaking Authority:
Subsections 63-2-403(4) and 63-2-403(11), and 63-2-502(2)(a)
- Authorized By:
- Patricia Smith-Mansfield, Director
- DAR File No.:
- 28776
- Related Chapter/Rule NO.: (1)
- R35-1. State Records Committee Appeal Hearing Procedures.