DAR File No. 40480

Administrative Services, Facilities Construction and Management

Rule R23-25

Administrative Rules Adjudicative Proceedings

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40480
Filed: 06/09/2016 09:58:47 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Under the authority of Subsection 63A-5-103(1)(e), this rule establishes procedures for adjudicative proceedings in accordance with the Utah Administrative Procedures Act, Section 63G-4-101 et seq., except as provided in Subsections (2) through (4). This rule does not apply to an agency action that is not governed by the Administrative Procedures Act and the laws of the State of Utah, including: 1) Subsection 63G-4-102, Administrative Procedures Act; 2) Title 63G, Chapter 6, Utah Procurement Code; 3) Title 63A, Chapter 5, Part 1, State Building Board; and 4) Title 63A, Chapter 5, Part 2, Division of Facilities Construction and Management. The provisions of this rule do not govern actions or proceedings that a federal statute or regulation requires be conducted solely in accordance with federal procedures. If a federal statute or regulation requires a modification to these procedures, the federal procedures prevail. To the extent that this rule conflicts with a similar rule governing the agency, the conflicting provisions of the other rule shall govern.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received in the last five years.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The legislative direction for the rule still exists. Therefore, this rule should be continued.

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

Administrative Services
Facilities Construction and Management
Room 4110 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at [email protected]

Effective:

06/09/2016

Authorized by:

Ned Carnahan, Building Board Chair