DAR File No. 39402

Administrative Services, Records Committee

Rule R35-4

Compliance with State Records Committee Decisions and Orders

Notice of Proposed Rule

(Amendment)

DAR File No.: 39402
Filed: 05/15/2015 03:11:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Changes to this rule were made in order to comply with S.B. 157 from the 2015 General Session.

Summary of the rule or change:

Section 63G-2-403 was changed to remove Subsection (14) and add Subsection (15)(a), within this rule.

State statutory or constitutional authorization for this rule:

• Subsection 63G-2-502(2)(a)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings that are expected. The changes made to this rule were made in order to comply with S.B. 157 (2015) regarding government records amendments.

local governments:

There are no anticipated costs or savings that are expected. The changes made to this rule were made in order to comply with S.B. 157 (2015) regarding government records amendments.

small businesses:

There are no anticipated costs or savings that are expected. The changes made to this rule were made in order to comply with S.B. 157 (2015) regarding government records amendments.

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

There are no anticipated costs or savings that are expected. The changes made to this rule were made in order to comply with S.B. 157 (2015) regarding government records amendments.

Compliance costs for affected persons:

There will be no compliance costs because the changes made to this rule simply comply with S.B. 157 (2015) regarding government records amendments.

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

There are no anticipated affects that this rule will have on businesses. The changes made to this rule simply comply with S.B. 157 (2015) regarding government records amendments.

Kimberly 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:

• Patricia Smith-Mansfield at the above address, by phone at 801-531-3850, by FAX at 801-538-3354, or by Internet E-mail at pmansfie@utah.gov
• Nicole Alder at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at nicolealder@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:

07/01/2015

This rule may become effective on:

07/08/2015

Authorized by:

Patricia Smith-Mansfield, Director

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 Executive Secretary of the Committee shall send an order of the Committee by certified mail to the petitioner and to the governmental entity ordered to produce records.

(2) Pursuant to Subsection 63G-2-403[(14)](15)(a), Utah Code, each governmental entity ordered by the Committee to produce records, shall file with the Executive Secretary either a notice of compliance, or a copy of the appellant's notice of intent to appeal the Committee order, no later than the thirtieth day following the date of the 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 the Committee order within the time frame specified, the 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 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 Committee 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: [September 16, 2014]2015

Notice of Continuation: June 3, 2014

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