No. 31642 (New Rule): R746-800. Working 4 Utah Operations

DAR File No.: 31642
Filed: 06/30/2008, 03:32
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to provide direction for filing of documents and procedural processes while state agencies are participating in the Working 4 Utah Initiative with state offices closed on Fridays.

Summary of the rule or change:

The rule provides directions on how to compute time periods and to how submit documents to the Public Service Commission and serve them on other parties while the PSC participates in the Working 4 Utah Initiative with offices closed on Fridays.

State statutory or constitutional authorization for this rule:

Sections 54-3-21, 54-3-22, 54-4-1, and 54-4-2

Anticipated cost or savings to:

the state budget:

None--The rule only addresses how to submit documents and calculate time periods to determine action dates. No state agency activity is changed.

local governments:

None--The rule provisions have no application to local government activities or actions, it addresses only proceedings before the PSC.

small businesses and persons other than businesses:

None--The rule only addresses how to submit documents and calculate time periods to determine action dates. No business activities will be affected beyond a possible change in a date on which they otherwise may have taken an action.

Compliance costs for affected persons:

None--If a person were going to file a document with the PSC prior to the rule's effective date, the rule provisions only indicate the time a document may be filed or to calculate the date upon which a document would be filed.

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

There will be no fiscal impacts from the rule as it only directs how to determine a date upon which an action would be due under existing statutes, rules or orders, or designates how and when to file documents during state agency office hours under the Working 4 Utah Initiative. Ted Boyer, Chairman

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

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Sandy Mooy at the above address, by phone at 801-530-6708, by FAX at 801-530-6796, 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:

08/15/2008

This rule may become effective on:

08/23/2008

Authorized by:

Sandy Mooy, Legal Counsel

RULE TEXT

R746. Public Service Commission, Administration.

R746-800. Working 4 Utah Operations.

R746-800-1. Purpose.

The Working 4 Utah Initiative is an office-hour schedule effective August 3, 2008. While Working 4 Utah is in effect, state offices and agencies will be open 7 a.m. through 6 p.m., Monday through Thursday and will be closed all day Friday. This rule addresses how the Commission will operate and how documents are to be submitted to the Commission and served upon other parties to comply with other Commission rules or statutory provisions when state offices are closed on a Friday which is not a legal holiday.

 

R746-800-2. Requests for Agency Action or Other Initiatory Documents.

The paper original, required paper copies and electronic document versions of a Request for Agency Action, other documents which initiate administrative proceedings or which are initial documents submitted to the Commission will only be received during the Working 4 Utah office hours on Mondays through Thursdays; they will not be accepted on a Friday.

 

R746-800-3. Motions, Response Documents and Other Similar Documents.

Documents which would not initiate agency proceedings or which are to be submitted or served during the pendency of a Commission proceeding, e.g., comments, motions, responses or replies to previously filed documents, etc., and whose filing date or service date fall on a Friday should be filed or served as follows.

A. Fridays which are a legal holiday. If the Friday is a legal holiday under state law, documents are to be filed with the Commission and may be served upon parties on the first subsequent week-day (likely the following Monday or Tuesday) which is not a legal holiday.

B. Fridays which are not a legal holiday. If the Friday is not a legal holiday but is a Friday on which the Commission's office is closed under the Working 4 Utah Initiative, the electronic document version should be submitted to the Commission's electronic filing email address before 11:59 p.m. of that Friday, and the paper original and required paper copies are to be filed with the Commission on the first subsequent week-day (likely Monday or Tuesday) which is not a legal holiday. Service of a paper copy or electronic document version of a document required to be made upon other persons shall continue to be made as governed by statute, rule or order.

 

R746-800-4. Commission Action Falling on a Friday.

If Commission action required by a statute, rule or order is to occur on a date which falls on or from a time period which ends on a Friday which is not a legal holiday, the Commission action will still be required on such Friday, even though it is a Work 4 Utah Friday on which the Commission's office is closed.

 

KEY: utilities, office hours, filing

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: 54-3-21; 54-3-22; 54-4-1; 54-4-2