DAR File No. 38312

Administrative Services, Fleet Operations

Section R27-4-13

Disposal of State Vehicles

Notice of Proposed Rule

(Amendment)

DAR File No.: 38312
Filed: 02/25/2014 04:26:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change to Section R27-4-13 is to amend the title, clarify the responsibilities of the Division of Fleet Operations, and highlight the rights of affected agencies.

Summary of the rule or change:

This change amends the title from "Disposal of State Vehicles" to "Reassignment or Disposal of Underutilized State Vehicles", strikes obsolete code references, and adds new language.

State statutory or constitutional authorization for this rule:

• Subsection 63A-9-401(1)(d)

Anticipated cost or savings to:

the state budget:

The change may enable the state to more effectively manage the size of the fleet, thereby causing savings to the state budget. The change does not mandate a reduction of the fleet, therefore no actual savings can be determined.

local governments:

None--This change only affects the state fleet.

small businesses:

None--This change only affects the state fleet.

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

None--This change only affects the state fleet.

Compliance costs for affected persons:

None--This change does not impose compliance costs to affected persons or agencies.

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

This rule affects the ability of Fleet Operations to reassign or dispose of underutilized vehicles and will not have a fiscal impact on businesses.

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
Room 4120 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Gary Robertson at the above address, by phone at 801-538-3792, by FAX at 801-359-0759, or by Internet E-mail at garyrobertson@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:

04/14/2014

This rule may become effective on:

04/22/2014

Authorized by:

Sam Lee, Director

R27. Administrative Services, Fleet Operations.

R27-4. Vehicle Replacement and Expansion of State Fleet.

R27-4-13. Reassignment or Disposal of Underutilized State Vehicles.

(1) [State vehicles shall be disposed of in accordance with the requirements of Section 63A-9-801 and Rule R28-1.]After vehicles have been reviewed in accordance with R27-4-12, and chronically underutilized vehicles have been identified, DFO shall initiate the steps necessary to reassign or dispose of the vehicle.

(2) At a minimum, the steps taken by DFO prior to reassignment or disposal must include:

(a) A review of the vehicle's history with the assigned agency;

(b) Review the vehicle history with, and receive direction from, the Executive Director of the Department of Administrative Services, or their designee, regarding the proposed action;

(c) If approved by the Executive Director, give notice to the agency that they have rights per R27-4-4(7) to petition the Executive Director for further review.

(3) If the assigned agency voluntarily turns in the underutilized vehicle, a capital credit shall be established in accordance with R27-4-11.

(4) If the assigned agency disagrees with the action, they may exercise their right to have a review of the proposed action with the Executive Director.

(5) If there is agreement between DFO and the Executive Director, then DFO shall give notice to the agency that it has been given authority to reassign or dispose of the vehicle in question.

(6) DFO shall reassign the vehicle to another fleet location, or begin the process of disposing of the vehicle.

 

KEY: fleet expansion, vehicle replacement

Date of Enactment or Last Substantive Amendment: [January 25, 2011]2014

Notice of Continuation: January 5, 2012

Authorizing, and Implemented or Interpreted Law: 63A-9-401(1)(a); 63A-9-401(1)(d)(v); 63A-9-401(1)(d)(ix); 63A-9-401(1)(d)(x); 63A-9-401(1)(d)(xi); 63A-9-401(1)(d)(xii); 63A-9-401(4)(ii)