DAR File No. 39731

Technology Services, Administration

Rule R895-11

Technology Services Adjudicative Proceedings

Notice of Proposed Rule

(Repeal)

DAR File No.: 39731
Filed: 09/14/2015 08:38:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section 63G-4-202 allows for agencies to create rules related to adjudicative proceedings within the department. This rule is not required by the department. Title 63G, Chapter 4, Utah Administrative Procedures Act, details the requirements for adjudicative proceedings.

Summary of the rule or change:

Section 63G-4-202 allows for agencies to create rules related to adjudicative proceedings within the department. This rule is not required by the department. Title 63G, Chapter 4, Utah Administrative Procedures Act, details the requirements for adjudicative proceedings. This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 63G-4-202

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget with the repeal of the rule.

local governments:

There is no anticipated cost or savings to local government with the repeal of the rule.

small businesses:

There is no anticipated cost or savings to small businesses with the repeal of the rule.

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

There is no anticipated cost or savings to other persons with the repeal of the rule.

Compliance costs for affected persons:

There are no compliance costs for affected persons with the repeal of the rule.

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

There is no fiscal impact to businesses. The rule will not affect businesses in any way.

Mark VanOrden, CIO, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Technology Services
Administration
Room 6000 STATE OFFICE BUILDING
450 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Stephanie Weteling at the above address, by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stweiss@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:

11/02/2015

This rule may become effective on:

11/09/2015

Authorized by:

Mark VanOrden, Executive Director and CIO

R895. Technology Services, Administration.

[R895-11. Technology Services Adjudicative Proceedings.

R895-11-1. Purpose.

Any adjudicative proceedings initiated according to the Utah Administrative Procedures Act, Section 63G-4-202, which fall under the jurisdiction of the Department of Technology Services are designated as informal proceedings.

 

R895-11-2. Authority.

Chapter 4 of Title 63G, Utah Administrative Procedures Act, requires this rule. It is enacted under the authority of Section 63F-1-206.

 

R895-11-3. Definitions.

The terms used in this rule are defined in Section 63G-4-103. In addition, "division" means the Division of Enterprise Services, and "department" means the Department of Technology Services.

 

R895-11-4. Informal Procedures.

All matters subject to Title 63G, Chapter 4 over which the division has jurisdiction shall be informally adjudicated. The director of the division or his or her designee shall be the presiding officer over any proceeding. The following procedures shall be followed:

A. No response need be filed to the notice of division action ("Notice") or request for division action ("Request").

B. The division shall hold a hearing only if: (1) a hearing is required by statute, or (2) a hearing is permitted by statute and a request for hearing is made within ten days after receipt of the Notice or Request. Otherwise, at the discretion of the division director, no hearing will be held.

C. Any hearing shall be open to all parties and held only after timely notice is given.

D. Only parties named in the Notice or Request shall be permitted to testify, present evidence, and comment on the issues.

E. No discovery, either compulsory or voluntary, shall be permitted. All parties to any action shall have access to information not restricted by law contained in the division's files or any investigatory information or materials.

F. No person (as defined in Administrative Procedures Act, Section 63G-4-103) may intervene in a division action unless federal statute or rule requires the division to allow intervention.

G. Within 30 days after the close of any hearing held under this rule, the division director shall issue a written decision. This decision shall state the reasons for the decision and include a notice of right of administrative review or appeal at the department level.

H. The division director's decision shall be based on the facts in the agency file and on evidence presented at the hearing, if held.

I. The division shall notify the parties of the division director's decision by promptly mailing a copy to each party at the address shown in the file.

J. An order issued under the provisions of this rule shall be the final order of the division and may be appealed to the department head.

 

R895-11-5. Appeals Procedure.

A. A written petition from the appealing party to the division director shall initiate an appeal. B. The division director shall review the issue and respond to the appealing party within 20 days. Conferences may be held to discuss the issue before a written response is given.

C. The appealing party may appeal the decision of the division director to the department director. All appeals must be in writing. If the department director does not respond within 30 days, the appeal is deemed denied.

 

KEY: information technology, appellate procedures

Date of Enactment or Last Substantive Amendment: 1992

Notice of Continuation: February 15, 2011

Authorizing, and Implemented or Interpreted Law: 63G-4-202; 63F-1-206]