Administrative Services, Records Committee

Rule R35-2

Declining Appeal Hearings

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 32989
Filed: 09/23/2009 10:09:58 AM

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:

Pursuant to Subsection 63G-2-403(b), the Executive Secretary may decline to schedule a hearing if the Committee has had a previous hearing in which the same record series was found to be properly classified. Rule R35-2 explains the procedures the Executive Secretary must follow for declining an appeal 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 written comments have been received.

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

This rule is necessary so the Executive Secretary and the Committee members are aware of the process for declining an appeal hearing. The rule also allows for a report of declined hearings so Committee members may choose to reverse the decision to decline an appeal. 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:

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 [email protected]

Effective:

09/23/2009

Authorized by:

Patricia Smith-Mansfield, Director