DAR File No. 43744

Administrative Services, Administration

Rule R13-2

Management of Records and Access to Records

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 43744
Filed: 05/29/2019 03:54:56 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:

Subsection 63A-12-104(2) permits the Department of Administrative Services (Department) to make a rule that specifies at what level the requirements of Title 63A, Chapter 12, will be undertaken. Subsection 63G-2-204(2)(d) permits the Department to make a rule to indicate where and to whom requests for access to records shall be directed. Finally, Subsection 63A-12-104(1) allows the executive director of the Department, with the recommendation of the state archivist, to implement provisions of Title 63G, Chapter 2, Government Records Access and Management Act (GRAMA), dealing with procedures for access to records.

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 supporting or opposing this rule. One comment was received on 02/22/2019, notifying the Department that a provision of this rule, related to the place where GRAMA appeals are directed, required updating.

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

This rule makes the Department's processes associated with management of, and access to, records more transparent. It is in the best interest of the public to inform them in advance where to direct requests for records, and at what level the Department manages its records. This rule also provides for access to permanent and historical records in custody of the Division of Archives and Records Service. Therefore, this rule should be continued. The Department intends to file an amendment within the coming months.

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

Administrative Services
Administration
Room 3120 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Kenneth Hansen at the above address, by phone at 801-538-3010, by FAX at , or by Internet E-mail at khansen@utah.gov

Effective:

05/29/2019

Authorized by:

Tani Downing, Executive Director