Regents (Board Of), University of Utah, Commuter Services

Rule R810-11

Appeals System

Notice of Proposed Rule

(Amendment)

DAR File No.: 35964
Filed: 03/22/2012 01:30:04 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

It was determined by Commuter Services Administration that text regarding small claims affidavit was unnecessary. It was also determined that text should state that appeals cannot be made by phone.

Summary of the rule or change:

Text regarding small claims affidavit removed. Text regarding that appeals cannot be made over phone added.

State statutory or constitutional authorization for this rule:

• Section 53B-3-103
• Section 53B-3-107

Anticipated cost or savings to:

the state budget:

There are no projected effects on the state budget due to the fact the change in this rule only affects the procedure for filing a parking appeal.

local governments:

There are no projected effects on any local government budget due to the fact the change in this rule only affects the procedure for filing a parking appeal.

small businesses:

There are no projected effects on small business budgets due to the fact the change in this rule only affects the procedure for filing a parking appeal.

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

There are no projected effects due to the fact the change in this rule only affects the procedure for filing a parking appeal.

Compliance costs for affected persons:

Section R810-11-1 stipulates that an appeal for a parking ticket can only be submitted until a small claims affidavit has been filed. The agency is suggesting that that sentence be deleted because we no longer file small claims petitions and because the Attorney General's Office has told us we cannot arbitrarily set a date that takes away a person's right to appeal a fine. Therefore, they are no unforeseen compliance costs of amending the text of this rule.

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

I see no fiscal impact on business.

David Pershing, President

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Regents (Board Of)
University of Utah, Commuter ServicesRoom 101
1910 E SOUTH CAMPUS DR
SALT LAKE CITY, UT 84112-9350

Direct questions regarding this rule to:

• Collin Simmons at the above address, by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at collin.simmons@utah.edu

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:

05/15/2012

This rule may become effective on:

05/22/2012

Authorized by:

Alma Allred, Director

R810. Regents (Board of), University of Utah, Commuter Services.

R810-11. Appeals System.

R810-11-1. Appealing Parking Tickets.

1. First Level Appeals. Ticket appeals must be made to the Appeals Office in person, by fax, in writing or by email [up to the time a small claims affidavit has been filed]. Appeals may not be made over the phone.

2. Second Level Appeals. The decision of the Appeals officer may be appealed to the Campus Parking Ticket Appeals Committee after the ticket has been paid.

 

KEY: parking facilities

Date of Enactment or Last Substantive Amendment: [March 6, 2008]2012

Notice of Continuation: February 17, 2012

Authorizing, and Implemented or Interpreted Law: 53B-3-103; 53B-3-107