DAR File No. 39403

Administrative Services, Records Committee

Rule R35-5

Subpoenas Issued by the Records Committee

Notice of Proposed Rule

(Amendment)

DAR File No.: 39403
Filed: 05/15/2015 03:12:01 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:

In order to initiate a request for a subpoena, a party shall file a written request with the Committee Chair at least 16 days prior to a hearing. The rule previously stated 14 days.

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.

R35-5. Subpoenas Issued by the Records Committee.

R35-5-1. Authority and Purpose.

In accordance with Subsection 63G-2-403(10), Utah Code, this rule intends to establish the procedures for issuing subpoenas by the State Records Committee.

 

R35-5-2. Subpoenas.

(1) In order to initiate a request for a subpoena, a party shall file a written request with the Committee Chair at least [14]16 days prior to a hearing. The request shall describe the purpose for which the subpoena is sought, and state specifically why, given that hearsay is available before the Committee, the individual being subpoenaed must be present.

(2) The Committee Chair shall review each subpoena request and grant or deny the request within three business days, based on the following considerations:

(a) a weighing of the proposed witness' testimony as material and necessary; or

(b) a weighing of the burden to the witness against the need to have the witness present.

(3) If the Committee Chair grants the request, the requesting party may obtain a subpoena form, signed, but otherwise blank, from the Executive Secretary. The requesting party shall fill out the subpoena and have it served upon the proposed witness at least seven business days prior to a hearing.

(4) A subpoenaed witness shall be entitled to witness fees and mileage reimbursement to be paid by the requesting party. Witnesses shall receive the same witness fees and mileage reimbursement allowed by law to witnesses in a state district court.

(5) A subpoenaed witness may file a motion to quash the subpoena with the Executive Secretary at least three business days prior to the hearing at which the witness has been ordered to be present, and shall simultaneously transmit a copy of that motion to the parties. Such motion shall include the reasons for quashing the subpoena, and shall be granted or denied by the Committee Chair based on the same considerations as outlined in Subsection R35-5-2(2). As part of the motion to quash, the witness must indicate whether a hearing on the motion is requested. If a hearing is requested, it shall be granted. All parties to the appeal have a right to be present at the hearing. The hearing must occur prior to the appeal hearing, and shall be heard by the Committee Chair. The hearing may be in person or by telephone, as determined by the Committee Chair. A decision on the motion to quash shall be rendered prior to the appeal hearing.

(6) If the Committee Chair denies the request for subpoena, the denial is final and unreviewable.

 

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)