DAR File No. 42409
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
Access to Bureau Records
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 42409
Filed: 12/20/2017 04:18:06 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:
Subsections 53-10-108(4)(f) and (10)(b) authorize the Bureau of Criminal Identification (BCI) to establish rules whereby criminal justice agencies, qualified entities, and individuals may obtain access to bureau records. In addition, Subsection 53-10-104(13) authorizes 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:
Section 53-10-108 outlines the release of records by BCI to certain individuals. Subsections 53-10-108(4)(f) and (10)(b) authorize BCI to make rules regarding the release of criminal history information for certain purposes, and establishes the right for an individual to challenge the completeness and accuracy of criminal history records contained in the Division of Criminal Investigations and Technical Services' files that pertain to the individual. 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 email@example.com
Alice Moffat, Bureau Chief
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 firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.