No. 38572 (5-year Review): Rule R35-1. State Records Committee Appeal Hearing Procedures

DAR File No.: 38572
Filed: 06/03/2014 01:28:23 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:

Under Subsection 63G-2-502(2)(a), the State Records Committee may make rules to govern its own proceedings as provided by Title 63G, Chapter 3, Utah Administrative Rulemaking Act. The committee has through the authorized rules established procedures for conducting hearings. The rules ensure that the concerns of each petitioner and respondent are heard and considered fairly in a hearing.

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 comments have been received about the rule authorizing the committee to establish procedures for hearings. It is necessary for the conducting of the committee's business that procedures be established. This rule functions as a guide to the committee and is consistent as membership on the committee changes.

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

The rule that establishes procedures for hearings is justified and important to maintain the integrity of the committee's decisions and orders. These consistent guidelines for hearings ensure that the hearings are conducted according to legal and fair principles and that each case before the committee is heard with equal attention to the concerns of the parties. 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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