DAR File No. 44047

This rule was published in the October 1, 2019, issue (Vol. 2019, No. 19) of the Utah State Bulletin.


Auditor, Administration

Rule R123-4

Public Petitions for Declaratory Orders

Notice of Proposed Rule

(Repeal)

DAR File No.: 44047
Filed: 09/06/2019 10:14:41 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is unnecessary because Section 63G-4-503 is sufficient for declaratory orders.

Summary of the rule or change:

This rule related to Public Petitions for Declaratory Orders for the Office of the State Auditor has not been enacted for over six years and there is no expectation that it would be enacted at any future point. Also, the detail in Section 63G-4-503 is sufficient directive. As such, this rule can be repealed in its entirety.

Statutory or constitutional authorization for this rule:

  • Section 63G-4-503

Anticipated cost or savings to:

the state budget:

The repeal of this rule is not expected to have any fiscal impact on state government revenues or expenditures because there have been no public petitions for declaratory orders from the Office of the State Auditor in the past six years and there is no expectation of such petitions in the future.

local governments:

The repeal of this rule is not expected to have any fiscal impact on local governments' revenues or expenditures because there have been no public petitions for declaratory orders from the Office of the State Auditor in the past six years and there is no expectation of such petitions in the future.

small businesses:

The repeal of this rule is not expected to have any fiscal impact on small businesses' revenues or expenditures because there have been no public petitions for declaratory orders from the Office of the State Auditor in the past six years and there is no expectation of such petitions in the future.

persons other than small businesses, businesses, or local governmental entities:

The repeal of this rule is not expected to have any fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities because there have been no public petitions for declaratory orders from the Office of the State Auditor in the past six years and there is no expectation of such petitions in the future.

Compliance costs for affected persons:

There are no compliance costs associated with the repeal of this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact on businesses.

John Dougall, State Auditor

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

Auditor
Administration
Room E310 EAST BUILDING
420 N STATE ST
SALT LAKE CITY, UT 84114-2310

Direct questions regarding this rule to:

  • Linda Siebenhaar at the above address, by phone at 801-538-1383, by FAX at , or by Internet E-mail at lsiebenhaar@utah.gov

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:

10/31/2019

This rule may become effective on:

11/07/2019

Authorized by:

Tauna MacPherson, Administrative Assistant

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0





Fiscal Benefits




State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0





Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

The repeal of Rule R123-4 is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there have been no public petitions for declaratory orders from the Office of the State Auditor in the past six years and there is no expectation of such petitions in the future.

State Auditor, John Dougall, has reviewed and approved this fiscal analysis.

 

 

R123. Auditor, Administration.

[R123-4. Public Petitions for Declaratory Orders.

R123-4-1. Authority.

A. As required by Section 63G-4-503, this rule provides the procedures for submission, review and disposition of petitions for agency declaratory orders on the applicability of statutes, rules and orders governing or issued by the agency.

 

R123-4-2. Definitions.

Terms used in this rule are defined in Section 63G-4-103, except and in addition:

A. Agency means the Utah State Auditor's Office.

B. "Applicability" means a determination if a statute, rule, or order should be applied, and if so, how the law stated should be applied to the facts.

C. "Declaratory Order" means an administrative interpretation or explanation of rights, status, and other legal relations under a statute, rule or order.

 

R123-4-3. Petition Form and Filing.

A. The petition shall be addressed and delivered to the State Auditor, who shall mark the petition with the date of receipt.

B. The petition shall:

1. be clearly designated as a request for an agency declaratory order;

2. identify the statute, rule or order to be reviewed;

3. describe in detail the situation or circumstances in which applicability is to be reviewed;

4. describe the reason or need for the applicability review, addressing, in particular, why the review should not be considered frivolous;

5. include an address and telephone where the petitioner can be contacted during regular work days; and

6. be signed by the petitioner.

 

R123-4-4. Reviewability.

A. The agency may not issue a declaratory order if the subject matter is:

1. not within the jurisdiction and expertise of the agency;

2. frivolous, trivial, irrelevant or immaterial;

3. likely to substantially prejudice the rights of a person who would be a necessary party, unless that person consents in writing to the determination of the matter by a declaratory proceeding;

4. one in which the person requesting the declaratory order has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; or

5. otherwise excluded by state and federal law.

 

R123-4-5. Intervention.

A. A person may file a petition for intervention in a declaratory proceeding only if they deliver to the State Auditor a petition complying with all of the requirements of Section 63G-4-207 within 20 days of the director's receipt of the petition for a declaratory order filed under Section 63G-4-503(4).

B. Petitions seeking declaratory orders will be designated as informal adjudicative proceedings.

 

R123-4-6. Petition Review and Disposition.

A. The agency will be governed by the provisions of Sections 63G-4-503 (6) and (7):

 

R123-4-7. Administrative Review.

A. A petitioner may seek review or reconsideration of a declaratory order by petitioning the State Auditor under the procedures of Section 63G-4-302.

 

KEY: declaratory orders

Date of Enactment or Last Substantive Amendment: 1990

Notice of Continuation: June 7, 2017

Authorizing, and Implemented or Interpreted Law: 63G-4]


Additional Information

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/2019/b20191001.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 Linda Siebenhaar at the above address, by phone at 801-538-1383, by FAX at , or by Internet E-mail at lsiebenhaar@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.