No. 31638 (Amendment): R861-1A-27. Discovery Pursuant to Utah Code Ann. Section 63-46b-7

DAR File No.: 31638
Filed: 06/27/2008, 04:48
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendment updates statutory references that have changed through legislation, and updates discovery procedures to match changes in practice.

Summary of the rule or change:

The proposed amendment updates statutory citations in light of H.B. 63 (2008), and deletes "prehearing" and adds "status" conference to match recent changes to Tax Commission practice. (DAR NOTE: H.B. 63 (2008) is found at Chapter 382, Laws of Utah 2008, and was effective 05/05/2008.)

State statutory or constitutional authorization for this rule:

Section 63G-4-205

Anticipated cost or savings to:

the state budget:

None--The proposed amendment reflects changes to the appeals procedures.

local governments:

None--The proposed amendment reflects changes to the appeals procedures.

small businesses and persons other than businesses:

None--The proposed amendment reflects changes to the appeals procedures.

Compliance costs for affected persons:

None--The amendments reflect changes made to the appeals procedures.

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

There are no impacts with this procedural update. D'Arcy Dixon, Commissioner

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

Tax Commission
Administration
210 N 1950 W
SALT LAKE CITY UT 84134-0002

Direct questions regarding this rule to:

Cheryl Lee at the above address, by phone at 801-297-3900, by FAX at 801-297-3919, 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:

08/14/2008

This rule may become effective on:

08/21/2008

Authorized by:

D'Arcy Dixon, Commissioner

RULE TEXT

R861. Tax Commission, Administration.

R861-1A. Administrative Procedures.

R861-1A-27. Discovery Pursuant to Utah Code Ann. Section [63-46b-7]63G-4-205.

[A.](1) Discovery procedures in formal proceedings shall be established during the [prehearing and ]scheduling, and status conference in accordance with the Utah Rules of Civil Procedure and other applicable statutory authority.

[B.](2) The party requesting information or documents may be required to pay in advance the costs of obtaining or reproducing such information or documents.

 

KEY: developmentally disabled, grievance procedures, taxation, disclosure requirements

Date of Enactment or Last Substantive Amendment: [February 25], 2008

Notice of Continuation: March 20, 2007

Authorizing, and Implemented or Interpreted Law: [63-46b-7]63G-4-205