DAR File No. 42407

This notice was published in the January 15, 2018, issue (Vol. 2018, No. 2) of the Utah State Bulletin.


Public Safety, Criminal Investigations and Technical Services, Criminal Identification

Rule R722-320

Undercover Identification

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42407
Filed: 12/20/2017 04:17:07 PM

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:

Section 53-10-104 authorizes the Department of Public Safety (DPS) to establish a program to assist federal, state, county, and local law enforcement agencies in concealing the true identity of undercover peace officers. Subsection 53-10-104(13) authorizes the Bureau of Criminal Identification (BCI) to make rules to implement Title 53, Chapter 10.

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 comments were received during and since the last five-year review of this rule from interested persons supporting or opposing this rule.

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

Subsections 53-10-104(1), (9), and (14) exist in statute. These citations authorize and require that BCI provide and coordinate the delivery of support services, provide investigative assistance to law enforcement agencies and other government agencies, as well as perform functions specified in Title 53, Chapter 10. In addition, Subsection 53-10-104(13) authorizes BCI to make rules to implement Title 53, Chapter 10. 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:

Public Safety
Criminal Investigations and Technical Services, Criminal Identification
3888 W 5400 S
TAYLORSVILLE, UT 84118

Direct questions regarding this rule to:

  • Alice Moffat at the above address, by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov
  • Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov

Effective:

12/20/2017

Authorized by:

Alice Moffat, Bureau Chief


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation 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/2018/b20180115.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.

For questions regarding the content or application of this rule, please contact Alice Moffat at the above address, by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov; Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.