DAR File No. 32686

Administrative Services, Records Committee

R35-3-2

Scheduling Prehearing Conferences

NOTICE OF PROPOSED RULE

DAR File No.: 32686
Filed: 05/19/2009, 04:53
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to define purpose and procedures for prehearing conferences.

Summary of the rule or change:

The amendment defines purpose and procedures for prehearing conferences.

State statutory or constitutional authorization for this rule:

Section 63G-2-403

Anticipated cost or savings to:

the state budget:

None--Having members of the committee other than the chair able to handle prehearing conferences conducted by members of the committee other than the chair will distribute the work load to distribute among members but will not affect cost except for those members who may travel or participate in such conferences.

local governments:

None--Prehearing conferences my resolve some records issues before a hearing, but will not affect the cost to a governmental entity unless a hearing is unnecessary and they are saved the cost of representation.

small businesses and persons other than businesses:

None--There will not be a change in cost to small businesses in this procedural change unless they are involved in a hearing. A prehearing conference could resolve an issue before a hearing and thereby save the time involved in a hearing.

Compliance costs for affected persons:

None--Prehearing conferences could save the time necessary for a hearing or refine the issues to be dealt with in a hearing and thereby save time and expense for those involved.

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

There is no cost to the state, local government, or to small business. Kimberly K. Hood, Executive Director

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 smumford@utah.gov

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:

07/15/2009

This rule may become effective on:

07/22/2009

Authorized by:

Patricia Smith-Mansfield, Director

R35. Administrative Services, Records Committee.

R35-3. Prehearing Conferences.

R35-3-2. Scheduling Prehearing Conferences.

(a) In the process of planning and organizing efforts to execute appeals which are filed pursuant to Section 63G-2-403, the chair of the state records committee or another member of the state records committee assigned by the state records committee chair, at his or her discretion, may direct the disputing parties to appear before him or her, in person or telephonically, for a prehearing conference, to be held before any official appeals hearing, for such purposes as:

(1) encouraging exploration of areas of agreement, including stipulations;[ or]

(2) facilitating settlement of the appeal; or

(3) discussion of the issues raised by the parties on the appeal.

(b) In the event that the issue, or issues scheduled for an appeals hearing are resolved at a prehearing conference, the committee chair shall report the settlement to the entire records committee at the next scheduled meeting for the purposes of creating a public record. Any stipulations shall be written and presented to the members of the records committee at the hearing.

 

KEY: government documents, state records committee, records appeal hearings

Date of Enactment or Last Substantive Amendment: [March 4, 2005]2009

Notice of Continuation: July 2, 2004

Authorizing, and Implemented or Interpreted Law: 63G-2-502(2)(a)