DAR File No. 38641

Administrative Services, Records Committee

Rule R35-1a

State Records Committee Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 38641
Filed: 06/23/2014 03:26:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to define the terms used in the rules for the State Records Committee.

Summary of the rule or change:

Changes to this rule reflect the deletion of the term "prehearing" formerly conducted by the Chair of the Committee prior to a hearing. With the addition to the Archives staff of the Government Records Ombudsman, this task is no longer necessary, is not the responsibility of the Chair, and the term is not needed in the list of definitions.

State statutory or constitutional authorization for this rule:

• Section 63G-3-402
• Subsection 63G-2-502(2)(a)
• Subsection 63G-3-601(3)
• Article IV

Anticipated cost or savings to:

the state budget:

The state budget is not affected by this change in the rule, except as the position of Ombudsman was added by legislation. None of the definitions listed in this section have a fiscal impact and a change in any of the definitions will not have an impact on budget.

local governments:

Local government is not affected by the change in this rule. these definitions have no impact on state budget. They are definitions of the terms used in the Rules that guide the State records Committee.

small businesses:

Small businesses are not affected by this change. These are definitions of the terms used in the rules that apply to the State Records Committee. None of the definitions of terms will have a fiscal impact on small businesses.

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

No person is affected by this change in the rule. These are definitions of terms and have no fiscal impact.

Compliance costs for affected persons:

There are no compliance costs for persons affected by this change in the rule. since these are definitions of terms used in the rules, there is no fiscal impact.

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

There is no impact on businesses.

Kimberly K. 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
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

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:

08/16/2014

This rule may become effective on:

08/25/2014

Authorized by:

Lex Hemphill, Chair, State Records Committee

R35. Administrative Services, Records Committee.

R35-1a. State Records Committee Definitions.

R35-1a-1. Definitions.

In addition to terms defined in Section 63G-2-103, Utah Code, the following terms apply to this rule:

(a) "Committee" means the State Records Committee in accordance with Section 63G-2-501, Utah Code.

(b) "Denial" means an act taken to restrict access to a government record in accordance with Section 63G-2-205 and Subsection 63G-2-403(4), Utah Code.

(c) "Executive Secretary" means the individual appointed annually as required in Subsection 63G-2-502(3), Utah Code.

(d) "Expedited Hearing" means a meeting by the Committee to review a designation of records by a government entity in a shorter time period than in accordance with Subsection 63G-2-403(4)(a).

(e) "Hearing" means a meeting by the [c]Committee to hear an appeal of a records decision by a government entity in accordance with Section 63G-2-403, Utah Code.

(f) "Order" means the Decision and Order issued by the State Records Committee as provided by Subsection 63G-2-403(11), Utah Code.[

(g) "Prehearing" means a meeting by one or more members of the State Records committee to explore issues and facilitate settlement of a records dispute involving a government entity prior to the completion of efforts to resolve such disputes through an official appeals process.

(h)](g) "Subpoena" means a written order requiring appearance before the State Records Committee to give testimony in accordance with Section 63G-2-403, Utah Code.

 

KEY: state records committee, records appeal hearings, government documents

Date of Enactment or Last Substantive Amendment: [March 8, 2005]2014

Notice of Continuation: June 3, 2014

Authorizing, and Implemented or Interpreted Law: 63G-2-502(2)(a)