DAR File No. 40332
This rule was published in the May 1, 2016, issue (Vol. 2016, No. 9) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 40332
Filed: 04/15/2016 06:07:23 PM
Purpose of the rule or reason for the change:
Rule R277-100 is repealed based on the Utah State Board of Education's (Board) determination that requirements established in Rule R277-100 for the Board are unnecessary to comply with the Utah Administration Rulemaking Act (UARA). The repeal of Rule R277-100 will bring the Board's rulemaking process closer into conformity with other agencies. The Board has adopted an internal Board policy for rulemaking that is better suited as it is limited to the Board and staff.
Summary of the rule or change:
Rule R277-100 is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Art X, Sec 3
- Section 53A-1-401
- Title 63G, Chapter 3
Anticipated cost or savings to:
the state budget:
The repeal of Rule R277-100 likely will not result in a cost or savings to the state budget. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board.
The repeal of Rule R277-100 likely will not result in a cost or savings to local government. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board.
The repeal of Rule R277-100 likely will not result in a cost or savings to small businesses. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board.
persons other than small businesses, businesses, or local governmental entities:
The repeal of Rule R277-100 likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board.
Compliance costs for affected persons:
The repeal of Rule R277-100 likely will not result in any compliance costs for affected persons. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board.
Comments by the department head on the fiscal impact the rule may have on businesses:
To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule.
Sydnee Dickson, Interim State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com
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:
Interested persons may attend a public hearing regarding this rule:
- 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT
This rule may become effective on:
Angela Stallings, Associate Superintendent, Policy and Communication
R277. Education, Administration.
R277-100. Rulemaking Policy.
R277-100-1. Authority and Purpose.
(1) This rule is authorized by: (a) Utah Constitution Article X, Section 3, which vests
general control and supervision of public education in the
Board; (b) Title 63G, Chapter 3, the Utah Administrative
Rulemaking Act, which specifies procedures for a state agency to
follow in making rules; and (c) Subsection 53A-1-401(3), which authorizes the Board
to adopt rules in accordance with its responsibilities. (2) The purpose of this rule is to conform the rulemaking
procedures of the Board and divisions supervised by the Board to
those required under the Utah Administrative Rulemaking
(1) Terms used in this rule are defined in Section
63G-3-102 and Rule R15. (2) As used in this rule: (a) "Hearing" means an administrative
rulemaking hearing. (b) "LEA" or "local education agency"
for purposes of this rule includes the Utah Schools for the Deaf
and the Blind.
R277-100-3. Petition for Rulemaking -- Appeal.
(1) A person may petition the Board to make, amend, or
repeal a rule as provided by Subsection 63G-3-601(3) and Rule
R15-2. (2)(a) The Superintendent shall review a petition prior
to consideration by the Board. (b) The Superintendent shall notify a petitioner of any
changes suggested by the Superintendent to the petition. (3)(a) A petitioner may appeal a decision made by the
Superintendent under Subsections 63G-3-601(5) through (7) by
sending a signed request for consideration of the appeal,
including a copy of the original petition and copies of
correspondence with the Superintendent, if any, to the Board
Chair. (b) The Chair shall present the appeal to the
Board. (c) If the Board votes to review the petition, the Board
shall schedule the petition for a future meeting of the
Board. (d) The decision of the Board is final.
R277-100-4. Procedures for Making, Amending, or Repealing a
(1) Prior to submitting a proposed rule to the Board, the
Superintendent shall make a reasonable effort to solicit
information from LEA officials, professional associations, and
other affected parties concerning the need for, and content of,
the proposed rule. (2) In addition to the persons described in Subsection
63G-3-301(10), the Superintendent shall also send a copy of the
proposed rule or make the rule available electronically
to: (a) school district superintendents and charter school
directors; and (b) another person who, in the judgment of the
Superintendent, should receive notice. (3)(a) The Superintendent shall: (i) maintain a file containing a copy of the proposed
rule and the rule analysis form; and (ii) make the file available to the public during the
regular business hours of the USOE upon request. (b) The Superintendent shall keep the following in the
file: (i) a written comment; (ii) a note on a verbal comment; (iii) information received electronically; and (iv) a hearing record, if any.
R277-100-5. Formal Adoption by the Board of Procedures,
Handbooks, and Manuals.
(1) Under Board direction, a division under the
supervision of the Board may periodically develop or amend a
policy manual or policy handbook that does not meet the
definition of a rule. (2) The Superintendent shall provide an LEA electronic
access to the policy manual or handbook considered for adoption
by the Board.
(1)(a) For a hearing that is mandatory under Subsection
63G-3-302(2), the Board shall follow the procedures and
requirements of: (i) Section 63G-3-302; (ii) Rule R15-1; and (iii) Subsections (6) and (7). (b) For a hearing that is voluntary, the Board shall
follow the procedures and requirements of: (i) Section 63G-3-302; (ii) Rule 15-1, except as provided by this section;
and (iii) this section. (2) Notwithstanding Subsection R15-1-5(2): (a) the Board may hold the hearing itself or appoint any
person who can fairly conduct the hearing, other than the
Superintendent, as a hearing officer; and (b) the hearing officer shall know rulemaking procedures,
but may not be directly responsible for administering the
rule. (3) The hearing officer shall rule on a question of
relevance and redundancy. (4) Notwithstanding Subsection R15-1-5(4)(b), a person
familiar with the rule at issue may be asked to be present at the
hearing to respond to inquiries and to provide
information. (5) A written comment shall include the name, address,
and, if applicable, the organization represented by the person
making the comment. (6)(a) The hearing officer shall make written findings
and recommendations, including any facts pertinent to the
hearing, recommendations for Board action, and reasons for the
recommendations. (b) The hearing officer shall transmit the findings,
recommendations, and the complete record of the hearing to the
Board as soon as possible following the close of the
hearing. (c) If the Board conducts the hearing, the Chair shall
prepare written findings, the decision, and reasons for the
decision. (7)(a)(i) The Board shall issue a written decision as
soon as possible after the close of the hearing and before the
rule becomes effective. (ii) The decision shall state: (A) whether the proposed rule will be adopted, changed,
or withdrawn; (B) any alternative action, such as whether a rule will
be proposed on the subject matter of the hearing; and (C) reasons for the decision. (iii) The written decision is included in the hearing
record. (b) If the hearing is held under Subsection (1)(a), the
Board shall mail a copy of or send electronically the decision to
the person who requested the hearing.
KEY: administrative procedures, rules and procedures
Date of Enactment or Last Substantive Amendment: November
Notice of Continuation: September 28, 2015
Authorizing, and Implemented or Interpreted Law: Art X Sec
3; 63G-3-101 et seq.; 53A-1-401(3)]
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160501.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.