DAR File No. 38646

Administrative Services, Records Committee

Rule R35-6

Expedited Hearing

Notice of Proposed Rule

(Amendment)

DAR File No.: 38646
Filed: 06/23/2014 03:34:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule outlines the procedures for requesting and scheduling an expedited hearing before the State Records Committee.

Summary of the rule or change:

The changes to this rule are not changes to the procedures but to the language of the rule. The word "designation" is replaced with "classification". The numbers are spelled out and the capitalization of "Committee Chair", "Committee", "Executive Secretary", and "Expedited Hearing" are made consistent.

State statutory or constitutional authorization for this rule:

• Section 63G-3-402
• 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. Word are replaced, numbers are spelled out, and capitalization is made consistent. There is not a cost associated with these changes.

local governments:

Local government is not affected by this change to the rule. Words are replaced, numbers are spelled out, and capitalization is made consistent. There is not a cost associated with these changes.

small businesses:

Small business is not affected by this change to the rule. The changes in language do not change the procedures for requesting an expedited hearing.

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

No person is affected by this change to the rule. Persons are not affected by changes in the wording of this rule. The rule outlines the procedures for requesting an expedited hearing.

Compliance costs for affected persons:

There are no costs for compliance to this rule or to the proposed change. Requests for expedited hearings have no costs associated with them.

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

There is no impact on businesses. There is no cost to businesses by changes to the rule outlining the procedures for requesting expedited hearings.

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.

R35-6. Expedited Hearing.

R35-6-1. Authority and Purpose.

In accordance with Subsection 63G-2-403(4)(a)(i), this rule establishes the procedure for requesting and scheduling an Expedited Hearing.

 

R35-6-2. Requests for an Expedited Hearing.

(1) A party appealing a records [designation]classification to the Committee may request that a hearing be scheduled to hear the appeal prior to [10]ten business days after the date the notice of appeal is filed by making a written request to the Executive Secretary. A copy of this request shall also be mailed to the government entity.

(2) A written request shall include the reason(s) the request is being made.

(3) The Executive Secretary shall consult with the Committee [c]Chair [of the Committee ]to decide whether an Expedited Hearing is warranted.

(4) The standard for granting an Expedited Hearing is "good cause shown." The Committee [c]Chair shall take into account the reason for the request, and balance that against the burden to the Committee and the governmental entity.

 

R35-6-3. Scheduling the Expedited Hearing.

(1) In the event that an Expedited Hearing is granted, the Executive Secretary shall poll the Committee to determine a date upon which a quorum can be obtained.

(2) After settling on a date no sooner than [5]five days nor later than 14 days after the notice of appeal has been filed, the Executive Secretary shall contact the petitioner and governmental entity and schedule the hearing.

(3) The government entity shall file its response to the appeal with the Executive Secretary, and mail a copy to the petitioner no later than three days prior to the scheduled hearing. The Executive Secretary shall make this response available to the Committee as soon as possible.

 

R35-6-4. Holding the Expedited Hearing.

With the exception of the time frame for scheduling a hearing and providing responses, all other provisions governing hearings under the Government Records Access and Management Act (GRAMA) shall apply to Expedited Hearings.

 

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)