File No. 33408
This rule was published in the March 15, 2010, issue (Vol. 2010, No. 6) of the Utah State Bulletin.
Natural Resources, Parks and Recreation
Authority and Effective Date
Notice of Proposed Rule
DAR File No.: 33408
Filed: 02/24/2010 04:12:54 PM
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.
There is no cost to local government associated with this amendment. This amendment is for clarification purposes only.
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 firstname.lastname@example.org
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:
This rule may become effective on:
Mark Forbes, Deputy Director (Legislation)
R651. Natural Resources, Parks and Recreation.
R651-101. Adjudicative Proceedings.
R651-101-1. Authority and Effective Date.
These rules establish and govern the administrative
proceedings before the Division or Director, respectively, as
required by Section 63-46b-5.]
These rules govern all adjudicative proceedings commenced on
or after January 1, 1993.]
KEY: administrative procedures
Date of Enactment or Last Substantive Amendment: [
Notice of Continuation: July 14, 2005
Authorizing, and Implemented or Interpreted Law: 63-4[
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2010/b20100315.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at email@example.com.