DAR File No. 38647

Administrative Services, Records Committee

Rule R35-3

Prehearing Conferences

Notice of Proposed Rule

(Repeal)

DAR File No.: 38647
Filed: 06/23/2014 03:35:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The original purpose for the rule was to resolve disputes and facilitate access to records. The rule established the procedures for prehearing conferences. The Committee Chair or a member of the Committee assigned by the Chair could direct disputing parties to appear at a prehearing conference for the purposes of exploring areas of agreement and facilitating settlement of an appeal. Now this function is the domain of the Government Records Ombudsman and the rule is no longer needed.

Summary of the rule or change:

The rule is no longer needed as prehearing conferences are no longer conducted by the Chair of the State Records Committee. With the establishment of the position of Government Records Ombudsman, the resolution of disputes and mediation between parties prior to hearings is handled by the Ombudsman. The proposal of the Committee is that this rule be repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Subsection 63G-2-502(2)(a)
• 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 the repeal of this rule. When this rule is not in effect, no fiscal impact is anticipated.

local governments:

No impact on local government is anticipated by not having prehearing conferences.

small businesses:

Small businesses will feel no affect as a result of the repeal of this rule.

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

Persons are not affected by the appeal of this rule. No fiscal impact will be felt by the repeal of this rule.

Compliance costs for affected persons:

No cost is associated with the repeal of this rule. If the rule is eliminated, no compliance costs will occur.

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

There is no impact on businesses. The elimination of prehearing conferences will have no compliance cost or benefits associated with it.

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.

[R35-3. Prehearing Conferences.

R35-3-1. Authority and Purpose.

In accordance with the general objectives of the Government Records Access and Management Act in facilitating access to records, and in keeping with the objectives of hearing procedures found in Section 63G-2-403, Utah Code, to resolve disputes, this rule authorizes and establishes the procedure for holding prehearing conferences.

 

R35-3-2. Scheduling Prehearing Conferences.

(a) In the process of planning and organizing efforts to execute appeals which are filed pursuant to Section 63G-2-403, the chair of the state records committee or another member of the state records committee assigned by the state records committee chair, at his or her discretion, may direct the disputing parties to appear before him or her, in person or telephonically, for a prehearing conference, to be held before any official appeals hearing, for such purposes as:

(1) encouraging exploration of areas of agreement, including stipulations;

(2) facilitating settlement of the appeal; or

(3) discussion of the issues raised by the parties on the appeal.

(b) In the event that the issue, or issues scheduled for an appeals hearing are resolved at a prehearing conference, the committee chair shall report the settlement to the entire records committee at the next scheduled meeting for the purposes of creating a public record. Any stipulations shall be written and presented to the members of the records committee at the hearing.

 

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

Date of Enactment or Last Substantive Amendment: October 13, 2009

Notice of Continuation: June 3, 2014

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