Public Safety, Peace Officer Standards and Training

Rule R728-101

Public Petitions For Declaratory Rulings

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35521
Filed: 12/13/2011 01:27:13 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:

Subsection 53-6-105(1)(k) provides that the director shall, with the advice of the council, make rules necessary to administer Title 53, Chapter 6. The authority for this rule is authorized under Section 63G-4-301 which describes how interested parties may petition an agency with regard to making, amending, or repealing rules.

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 public comments regarding this rule have been received since the last five-year review.

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

The continuation of this rule is necessary in order to establish the procedure under which an individual or agency may file a petition for a declaratory ruling to the Director of Peace Officer Standards and Training (POST). This rule also establishes the procedures to be followed for the review and disposition of such petitions.

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:

• Kelly Sparks at the above address, by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov

Authorized by:

Scott Stephenson, Director

Effective:

12/13/2011