DAR File No. 38577

Administrative Services, Records Committee

Rule R35-5

Subpoenas Issued by the Records Committee

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 38577
Filed: 06/03/2014 03:57:38 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:

In accordance with Subsection 63G-2-403(10), this rule establishes the procedures for issuing subpoenas by the Records Committee.

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 in support or opposition to this rule have been received.

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

There is established by this rule a procedure to subpoena a witness in support of a party before the State Records Committee even though hearsay is available. The chair of the committee shall review each request for a subpoena and weigh the need for the witness to appear before the committee. A subpoenaed witness is entitled to fees and may file a motion to quash the subpoena. 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:

Administrative Services
Records Committee
ARCHIVES BUILDING
346 S RIO GRANDE
SALT LAKE CITY, UT 84101-1106

Direct questions regarding this rule to:

• Susan Mumford at the above address, by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at smumford@utah.gov

Effective:

06/03/2014

Authorized by:

Lex Hemphill, Chair, State Records Committee