DAR File No. 38643

Administrative Services, Records Committee

Rule R35-4

Compliance with State Records Committee Decisions and Orders

Notice of Proposed Rule

(Amendment)

DAR File No.: 38643
Filed: 06/23/2014 03:29:44 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change clarifies the language in this rule and outlines the process for complying with an order of the State Records Committee.

Summary of the rule or change:

The references to the State Records Committee are made consistent. A governmental entity ordered to produce records shall file with the Executive Secretary either a notice of compliance or a copy of the appellant's intent to appeal no later than the thirtieth day following the date of the Committee order. In the event a governmental entity fails to file within the time frame, the Committee recourses are outlined. Changes to this rule are for consistency in capitalization and language and do not change the procedures outlined in the rule.

State statutory or constitutional authorization for this rule:

• Section 63G-3-402
• Section 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. Changes in this rule are for consistency in form and capitalization. The state budget is not affected by the requirement for governmental entities to comply with or appeal an order of the State Records Committee.

local governments:

Local governments are not affected by the changes in wording in the rule. The rule requires a governmental entity to comply and submit a letter of compliance or appeal an order of the State Records Committee. No fiscal impact follows from compliance with the provisions of this rule.

small businesses:

Small business is not affected by this change. No fiscal impact is made by the changes in spelling and capitalization to this rule.

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

No person is affected by this change to the rule. No person is affected by changes to the format and capitalization that are made in this rule. No fiscal impact is made in these changes.

Compliance costs for affected persons:

No costs are associated with compliance to this rule. There are no costs as a result of the changes in this rule. The rule deals with compliance to orders made by the State Records Committee and no costs are associated.

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

Businesses are not impacted by changes to this rule. The rule deals with compliance of a governmental entity to an order of the State Records Committee.

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 [email protected]

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.

R35-4. Compliance with State Records Committee Decisions and Orders.

R35-4-1. Authority and Purpose.

In accordance with Subsection 63G-2-403(14) , Utah Code, this rule intends to establish the procedure for complying with an order of the State Records Committee.

 

R35-4-2. Notices of Compliance.

(1) The [e]Executive [s]Secretary of the [state records c]Committee shall send an order of the [state records c]Committee by certified mail to the petitioner and to the governmental entity ordered to produce records.

(2) Pursuant to Subsection 63G-2-403(14), Utah Code, each governmental entity ordered by the Committee to produce records[by the records committee], shall file with the [state records committee]Executive Secretary either a notice of compliance, or a copy of the appellant's notice of intent to appeal [of ]the [records c]Committee order, no later than the thirtieth day following the date of the [state records c]Committee order.

(3) The notice of compliance shall contain a statement, signed by the head of the governmental entity, that the records ordered to be produced have been delivered to the petitioner, and shall state the method and date of delivery.

(4) In the event a governmental entity fails to file a notice of compliance or a copy of the appellant 's notice of intent to appeal [of ]the [records c]Committee order within the time frame specified, the [state records c]Committee shall send written notice of the entity's noncompliance to the governor for executive branch agencies, to the Legislative Management Committee for legislative branch entities, to the Judicial Council for judicial branch entities, and to the mayor or chief executive officer of a local government for local or regional governmental entities.

(5) The [state records c]Committee may also impose a civil penalty of up to $500 for each day of continuing noncompliance, but only after holding a discussion of the matter at issue, and obtaining a majority vote at a regularly scheduled C[c]ommittee meeting. The non-complying governmental entity shall be heard at that meeting, with discussion being limited specifically to reasons for the neglectful, willful, or intentional act. Any civil penalty imposed shall be retroactive to the first date of noncompliance.

 

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

Date of Enactment or Last Substantive Amendment: [March 4, 2005]2014

Notice of Continuation: June 3, 2014

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