No. 38574 (5-year Review): Rule R35-2. Declining Appeal Hearings

DAR File No.: 38574
Filed: 06/03/2014 03:15:12 PM

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:

In accordance with Section 63G-2-502 and Subsection 63G-2-403(4), this rule establishes the procedure by which the executive secretary of the committee may deny or decline to schedule hearings before the State Records Committee.

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 opposition to the rule has been received. The application of the rule has been under Subsection 63G-2-403(4), the procedures for denying a hearing are outlined. The committee secretary is guided by this rule and consults with the chair on decisions to deny a hearing. The committee may, upon a majority vote, reverse the decision of the executive secretary. Denial of a hearing may be appealed to district court. Reasons for a hearing to be denied, as well as procedures and documentation of denials are outlined in this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule continues to guide the committee and the executive secretary in an appropriate way. The procedures for declining to schedule a hearing are necessary and give clear guidelines as to when and how this may be done. 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:

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

Direct questions regarding this rule to:

• Susan Mumford at the above address, by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at [e-mail]

Effective:

06/03/2014

Authorized by:

Lex Hemphill, Chair, State Records Committee

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