No. 40527 (Repeal): Rule R728-101. Public Petitions for Declaratory Rulings

(Repeal)

DAR File No.: 40527
Filed: 06/22/2016 12:08:28 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is unnecessary as there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety.

Summary of the rule or change:

This rule is repealed in its entirety because there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety.

State statutory or constitutional authorization for this rule:

• Section 63G-4-301

Anticipated cost or savings to:

the state budget:

There are no costs or savings to the budget with the repeal of this rule because the purpose for repealing the rule is that there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety.

local governments:

Repealing this rule will not have an impact on local government budgets because the purpose for repealing the rule is that there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety.

small businesses:

Repealing this rule will not have a fiscal impact on small businesses because the purpose for repealing the rule is that there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety.

persons other than small businesses, businesses, or local governmental entities:

The repealing of this rule will not impact other persons not mentioned in this section because the purpose for repealing the rule is that there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety.

Compliance costs for affected persons:

There are no compliance costs associated with the repealing of this rule because the purpose for repealing the rule is that there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety.

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

I have reviewed this rule and found that repealing the rule will not have a fiscal impact on business.

Keith D. Squires, Commissioner

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

Public Safety
Peace Officer Standards and Training
410 W 9800 S
SANDY, UT 84070

Direct questions regarding this rule to:

• Kelly Sparks at the above address, by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at [e-mail]
• Wade Breur at the above address, by phone at 801-256-2329, by FAX at , or by Internet E-mail at [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, 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:

08/15/2016

This rule may become effective on:

08/22/2016

Authorized by:

Scott Stephenson, Director

RULE TEXT

R728. Public Safety, Peace Officer Standards and Training.

[R728-101. Public Petitions For Declaratory Rulings.

R728-101-1. Authority.

The authority for this rule is authorized under 63G-4-301 which describes how interested parties may petition an agency with regard to making, amending, or repealing rules.

 

R728-101-2. Definitions.

A. Terms used in this rule are defined in Section 63G-4-103.

B. In addition:

1. "order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more specific persons, not a class of persons;

2. "declaratory ruling" means an administrative interpretation or explanation or rights, status, and other legal relations under a statute, rule, or order; and

3. "applicability" means a determination if a statute, rule or order should be applied, and if so, how the law stated should be applied to the facts.

 

R728-101-3. Petition Procedure.

A. Any person or agency may petition for a declaratory ruling.

B. The petition shall be addressed and delivered to the director of POST.

C. POST shall stamp the petition with the date of receipt.

 

R728-101-4. Petition Form.

The petition shall:

1. be clearly designated as a request for a declaratory ruling;

2. identify the statute, rule, order to be reviewed;

3. describe the situation or circumstances in which applicability is to be reviewed;

4. describe the reason or need for the applicability review;

5. include an address and telephone where the petitioner can be reached during regular work days; and

6. be signed by the petitioner.

 

R728-101-5. Petition Review and Disposition.

The director or designee shall:

1. review and consider the petition;

2. prepare a declaratory ruling stating:

a. the applicability or non-applicability of the statute, rule, or order at issue;

b. the reasons for the applicability or non-applicability of the statute, rule, or order; and

c. any requirements imposed on the agency, the petitioner, or any person as a result of the ruling.

3. POST may:

a. interview the petitioner;

b. hold a public hearing on the petition;

c. consult with counsel or the Attorney General; or

d. take any action POST, in its judgement, deems necessary to provide the petition adequate review and due consideration.

4. POST shall prepare the declaratory ruling without unnecessary delay and shall send the petitioner a copy of the ruling by certified mail, or shall send the petitioner notice of progress in preparing the ruling, within 30 days of receipt of the petition.

5. POST shall retain the petition and a copy of the declaratory ruling in its records.

 

KEY: law enforcement officers, public petitions declaratory rulings

Date of Enactment or Last Substantive Amendment: 1992

Notice of Continuation: December 13, 2011

Authorizing, and Implemented or Interpreted Law: 63G-4-103; 63G-4-301 ]

 

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