No. 33408 (Amendment): Section R651-101-1. Authority and Effective Date

(Amendment)

DAR File No.: 33408
Filed: 02/24/2010 04:12:54 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Although state agency actions relating to concession contracts and leases are not specifically exempted from the Utah Administrative Procedures Act (UAPA), concessionaires and lessors provide Parks a service, and are therefore exempted under Subsection 63-G-4102(2)(g).

Summary of the rule or change:

Utah State Parks' contract provisions, as set forth by Purchasing, allow a concessionaire to request an opportunity to be heard when a contract and or lease is terminated for cause. State agency action relating to contracts for services are exempt from the UAPA, see Subsection 63G-4-102(2) (g). To avoid a possible dispute, however, Section R651-101-1 should be amended for clarification.

State statutory or constitutional authorization for this rule:

• Section 63G-4-102

Anticipated cost or savings to:

the state budget:

There is no cost to the state budget associated with this amendment. This amendment is for clarification purposes only.

local governments:

There is no cost to local government associated with this amendment. This amendment is for clarification purposes only.

small businesses:

There is no affect to small business as this amendment is for clarification purposes only.

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

There is no costs associated with this amendment. This amendment is for clarification purposes only.

Compliance costs for affected persons:

There are no compliance costs for affected persons because of this amendment.

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

This rule allows business to have a second hearing in case their concession contract is not renewed.

Michael R. Styler, Executive Director

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

Natural Resources
Parks and Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, 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:

04/14/2010

This rule may become effective on:

04/21/2010

Authorized by:

Mark Forbes, Deputy Director (Legislation)

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-101. Adjudicative Proceedings.

R651-101-1. Authority and Effective Date.

This rule does not apply to an Agency action that is not governed by the Administrative Procedures Act and the laws of the State of Utah, including:

(a) [These rules establish and govern the administrative proceedings before the Division or Director, respectively, as required by Section 63-46b-5.]Subsection 63G-4-102, Administrative Procedures Act; and

(b) [These rules govern all adjudicative proceedings commenced on or after January 1, 1993.]Title 63G, Chapter 6, Utah Procurement Code.

 

KEY: administrative procedures

Date of Enactment or Last Substantive Amendment: [1993]2010

Notice of Continuation: July 14, 2005

Authorizing, and Implemented or Interpreted Law: 63G-4[6b-5]-102

 

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