Administrative Services, Fleet Operations, Surplus Property

Rule R28-3

Utah State Agency for Surplus Property Adjudicative Proceedings

Notice of Proposed Rule

(Repeal)

DAR File No.: 34782
Filed: 05/10/2011 06:59:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The administration of and rule making authority for Surplus Property has been transferred to the Division of Purchasing and General Services per S.B. 130 (2011 General Session). (DAR NOTE: S.B. 130 (2011) was effective 05/10/2011.)

Summary of the rule or change:

This rule is to be repealed it its entirety from Title R28.

State statutory or constitutional authorization for this rule:

• Section 63A-2-406
• Section 63A-2-401

Anticipated cost or savings to:

the state budget:

There is no cost to the state budget because the program and regulatory authority is transferred to the Division of Purchasing and General Services and will continue.

local governments:

There is no cost to local government because the program and regulatory authority is transferred to the Division of Purchasing and General Services and will continue.

small businesses:

There is no cost to small businesses because the program and regulatory authority is transferred to the Division of Purchasing and General Services and will continue.

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

There is no cost to persons other than small businesses, businesses, or local government entities because the program and regulatory authority is transferred to the Division of Purchasing and General Services and will continue.

Compliance costs for affected persons:

There is no compliance costs for affected persons because the program and regulatory authority is transferred to the Division of Purchasing and will continue.

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

There will be no anticipated fiscal impact on business due to the repealing of this rule.

Kimberly 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
Fleet Operations, Surplus Property
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Brian Fay at the above address, by phone at 801-538-3502, by FAX at 801-359-0759, or by Internet E-mail at bfay@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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Sam Lee, Director

[R28. Administrative Services, Fleet Operations, Surplus Property.

R28-3. Utah State Agency for Surplus Property Adjudicative Proceedings.

R28-3-1. Purpose.

As required by the Utah Administrative Procedures Act, this rule provides the procedures for adjudicating disputes brought before the Utah State Agency for Surplus Property under the authority granted by Section 63A-9-801 and Section 63G-4, et seq.

 

R28-3-2. Definitions.

Terms used are as defined in Section 63G-4-103, except "USASP" means the Utah State Agency for Surplus Property, and "superior agency" means the Department of Administrative Services.

 

R28-3-3. Proceedings to be Informal.

All matters over which the USASP has jurisdiction including bid validity determination and sales issues, which are subject to Title 63G, Chapter 4, will be informal in nature for purposes of adjudication. The Director of the Division of Fleet Operations or his designee will be the presiding officer.

 

R28-3-4. Procedures Governing Informal Adjudicatory Proceedings.

1. No response need be filed to the notice of agency action or request for agency action.

2. The USASP may hold a hearing at the discretion of the director of the Division of Fleet Operations or his designee unless a hearing is required by statute. A request for hearing must be made within ten days after receipt of the notice of agency action or request for agency action.

3. Only the parties named in the notice of agency action or request for agency action will be permitted to testify, present evidence and comment on the issues.

4. A hearing will be held only after timely notice of the hearing has been given.

5. No discovery, either compulsory or voluntary, will be permitted except that all parties to the action shall have access to information and materials not restricted by law.

6. No person may intervene in an agency action unless federal statute or rule requires the agency to permit intervention.

7. Any hearing held under this rule is open to all parties.

8. Within thirty days after the close of any hearing, the director of the Division of Fleet Operations or his designee shall issue a written decision stating the decision, the reasons for the decision, time limits for filing an appeal with the director of the superior agency, notice of right of judicial review, and the time limits for filing an appeal to the appropriate district court.

9. The decision rendered by the Director of the Division of Fleet Operations or his designee shall be based on the facts in the USASP file and if a hearing is held, the facts based on evidence presented at the hearing.

10. The agency shall notify the parties of the agency order by promptly mailing a copy thereof to each at the address indicated in the file.

11. Whether a hearing is held or not, an order issued under the provisions of this rule shall be the final order of the superior agency, and then may be appealed to the appropriate district court.

 

KEY: surplus property, appellate procedures

Date of Enactment or Last Substantive Amendment: February 12, 2004

Notice of Continuation: April 4, 2008

Authorizing, and Implemented or Interpreted Law: 63A-9-801;63G-4]