Technology Services, Administration

Rule R895-3

Computer Software Licensing, Copyright, Control, Retention, and Transfer

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36709
Filed: 08/31/2012 09:42:29 AM

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:

Section 63F-1-206 grants the Chief Information Officer the authority to grant rules relating to technology, including the authority to establish standards for when an agency must obtain approval before obtaining items listed in Subsection 63F-1-205(1); and Subsection 63F-1-206(1)(a)(iv) provides for the acquisition, licensing, and sale of computer software.

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 comments have been received during and since the last five-year review of the rule from interested person supporting or opposing the rule.

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

Section 63F-1-206 grants the Chief Information Officer the authority to grant rules relating to technology, including the authority establish standards for when an agency must obtain approval before obtaining items listed in Subsection 63F-1-205(1); and Subsection 63F-1-206(1)(a)(iv) provides for the acquisition, licensing, and sale of computer software. The purpose of this rule is to establish the State of Utah's position and its intent to: 1) comply with computer software licensing agreements and applicable federal laws, including copyright and patent laws; 2) define the methods by which the State of Utah (State) will control and protect computer software; and 3) establish the State's right, title and interest in state-developed computer software, including the sale and transfer of such software under certain conditions. Therefore, this rule should be continued.

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:

• Stephanie Weiss at the above address, by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stweiss@utah.gov

Authorized by:

Mark VanOrden, Acting Executive Director

Effective:

08/31/2012