DAR File No. 39404

Administrative Services, Records Committee

Rule R35-6

Expedited Hearing

Notice of Proposed Rule

(Amendment)

DAR File No.: 39404
Filed: 05/15/2015 03:12:17 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 Section R35-6-3, the number of days was changed in order to comply with S.B. 157 (2015).

State statutory or constitutional authorization for this rule:

• Subsection 63G-2-502(2)

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.

R35-6. 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 classification to the Committee may request that a hearing be scheduled to hear the appeal prior to 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 Chair to decide whether an Expedited Hearing is warranted.

(4) The standard for granting an Expedited Hearing is "good cause shown." The Committee 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 [five]seven days nor later than [14]16 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]five 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: [September 16, 2014]2015

Notice of Continuation: June 3, 2014

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