Community and Culture, Administration

Rule R182-2

Preservation Pro Fee

Notice of Proposed Rule

(New Rule)

DAR File No.: 36353
Filed: 06/12/2012 04:30:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish the procedure regarding user fees for the Preservation Pro tool that is maintained online by the Division of State History within the new Department of Heritage and Arts.

Summary of the rule or change:

The department is committed to maintaining Preservation Pro in order to streamline the cultural resource management processes. Therefore, the user fees collected will contribute, along with ongoing digitization funds, to the ongoing operation, maintenance, and improvement of the application. This fee is necessary in order to grant the department authority to use its discretion in assessing the fee to different users.

State statutory or constitutional authorization for this rule:

• Section 9-8-203

Anticipated cost or savings to:

the state budget:

The department intends to continue to develop the Preservation Pro tool in the coming years. The revenue from the user fee will be dedicated to the tool's operation and maintenance costs. Both of these amounts will change based on development and usage rates.

local governments:

No impact--The components of the Preservation Pro tool that are available to the public are provided at no cost. This fee is targeted to the users of protected information.

small businesses:

The primary users of the antiquities section of Preservation Pro are consulting firms specializing in cultural resources. Within the current constraints, the department has done its best to decrease the fee as much as possible in hopes of maintaining a consistent user base. This will continue to be an evolving process as the department looks to future fiscal years. The intent of this rule is to establish a process whereby the department can adjust user fees to better match usage rates, etc.

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

No impact--The components of the Preservation Pro tool that are available to the public are provided at no cost. This fee is targeted to the users of protected information.

Compliance costs for affected persons:

The Preservation Pro fee structure for Fiscal Year 2013 is as follows: 1 user, 30 consecutive days: $100; 1 or 2 users, July 1 through June 30: $200 total; 3 users, July 1 through June 30: $300; 4 users, July 1 through June 30: $400; and Unlimited users: $500.

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

Most of the capability of this tool is not available to the general public. The primary users of this tool are small businesses that benefit from reduced transaction costs and increased access to cultural resource information. The Preservation Pro initiative is an iterative process. As the value of the tool increases, the fee should evolve as well. The Division has conducted workshops and surveys of users on the best way to assess the fee, and is responding to those comments.

Julie Fisher, Executive Director

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

Community and Culture
AdministrationRoom 500
324 S STATE ST
SALT LAKE CITY, UT 84111-2388

Direct questions regarding this rule to:

• Michael Hansen at the above address, by phone at 801-245-7204, by FAX at 801-521-4727, or by Internet E-mail at mhansen1@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:

08/01/2012

This rule may become effective on:

08/15/2012

Authorized by:

Michael Hansen, Deputy Director

R182. Community and Culture, Administration.

R182-2. Preservation Pro Fee.

R182-2-1. Purpose.

The purpose of this rule is to establish the procedure regarding user fees for the Preservation Pro tool that is maintained online by the Division of State History within the Department of Heritage and Arts.

The department is committed to maintaining Preservation Pro in order to streamline the cultural resource management processes. Therefore, the fees collected will contribute, along with ongoing digitization funds, to the ongoing operation, maintenance, and improvement of the application.

 

R182-2-2. Authority.

The department may make, amend, or repeal rules for the conduct of its business in accordance with Subsection 63G-3-201(2), Utah Administrative Rulemaking Act.

 

R182-2-3. Definitions.

(1) "Preservation Pro" is an online tool intended to help stakeholders manage Utah's cultural resources data. It contains both public and protected information. Access to protected information will be governed according to 63G-2, Government Records Access and Management Act.

(2) "Department" is the Utah Department of Heritage and Arts.

(3) "Executive Director" is the director of the Department of Heritage and Arts.

(4) "Division" is the Utah Division of State History in the Department of Heritage and Arts.

(5) "Director" is the director of the Division of State History.

 

R182-2-4. Fee.

(1) The Preservation Pro fee will be established annually through the legislative appropriations process.

(2) Fees can be remitted to the Department of Heritage and Arts, Director of Finance, 300 S. Rio Grande, SLC, UT, 84101. Other payment options may be available. Contact the Director for details.

(3) Fees are assessed annually, and are due on the first day of July. Only entities that have paid their fee or received a fee waiver from the department will be allowed access to Preservation Pro.

(4) The annual fee will be prorated by month for entities who request access mid-year.

 

R182-2-5. Fee Waiver Process.

(1) Organizations that provide grants or data to maintain and improve the application and the database may receive full or partial waivers.

(2) Other requests for fee waivers may also be considered.

(a) A waiver request application is available from the division.

(b) Individuals or organizations seeking a fee waiver should submit their application to the Director, 300 S. Rio Grande, SLC, UT, 84101.

(c) Each request shall include justification for the waiver.

(d) The Director shall review and determine all fee waivers. In doing so, the Director shall convene a committee that consists of the department's Finance Director, as well as representatives from the division and the Department of Technology Services.

(i) This committee will review all waiver requests, and the Director will make the final determination.

(ii) The division will then notify the applicant of the decision within 10 business days.

(iii) Appeals of decisions shall be made to the Department of Heritage and Arts, Executive Director, 300 S. Rio Grande, SLC, UT, 84101.

 

KEY: archaeology, preservation pro, user fee, cultural resources

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 9-1-201