DAR File No. 44048

Auditor, Administration

Rule R123-3

State Auditor Adjudicative Proceedings

Notice of Proposed Rule

(Repeal)

DAR File No.: 44048
Filed: 09/06/2019 10:17:24 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is not necessary because Section 63G-4-102 is sufficient for adjudicative proceedings.

Summary of the rule or change:

This rule related to adjudicative proceedings for the Office of the State Auditor has not been enacted for six years or longer, and there is no expectation that it would be enacted at any future point. The detail in Section 63G-4-102 is sufficient for adjudicative proceedings. As such, this rule can be repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Section 63G-4-102

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 it is a rule that has not been enacted for more than six years and there is no expectation that it would be enacted at any future point.

local governments:

The repeal of this rule is not expected to have any fiscal impact on local governments' revenues or expenditures because it is a rule that has not been enacted for more than six years and there is no expectation that it would be enacted at any future point.

small businesses:

The repeal of this rule is not expected to have any fiscal impact on small businesses' revenues or expenditures because it is a rule that has not been enacted for more than six years and there is no expectation that it would be enacted at any future point.

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 of persons other than small businesses, businesses, or local government entities because it is a rule that has not been enacted for more than six years and there is no expectation that it would be enacted at any future point.

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:

There is 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

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 R123-3 is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because it is a rule that has not been enacted for more than six years and there is no expectation that it would be enacted at any future point.

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

 

 

R123. Auditor, Administration.

[R123-3. State Auditor Adjudicative Proceedings.

R123-3-1. Definitions.

A. The terms used in this rule are defined in Section 63G-4-103, U.C.A.

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

 

R123-3-2. Designation.

A. The agency designates all agency action subject to the scope and applicability of the Utah Administrative Procedures Act, Utah Code Ann. Section 63G-4-102 et seq. as informal proceedings.

 

R123-3-3. Adjudicative Proceedings.

A. The following categories of proceedings are hereby designated as informal proceedings under Utah Administrative Procedures Act, Utah Code Annotated Section 63G-4-202:

1. All agency actions with respect to local government accounting, budgeting and financial reporting procedures.

2. All agency actions with respect to audits or special projects performed by the agency or audits under their jurisdiction.

B. Procedures for all categories of informal adjudicative proceedings shall comply with applicable provisions of U.C.A 63G-4-203.

1. No response need be filed to the notice of agency action or request for agency action.

2. The agency shall hold a hearing only if a hearing is required by statute, or is permitted by statute and a request for hearing is made within ten working days after receipt of the notice of agency action or request for agency action, otherwise, at the discretion of the State Auditor no hearing will be held.

3. Only the parties named in the notice of agency action or request for agency action will be permitted to testify, present evidence, and comment on the issues.

4. A hearing will not be held before ten working days after notice of the hearing has been given.

5. No discovery, either compulsory or voluntary, will be permitted except that all parties to the action shall have access to information contained in the agency's files and investigatory information and materials not restricted by law.

6. Intervention is prohibited unless a federal statute or rule requires that a state permit intervention.

7. Any hearing held under this rule is open to all parties.

8. Within thirty days after the close of any hearing held under this rule, or after the failure of a party to request a hearing, the agency shall issue a written decision and the reasons for the decision, notice of any right of judicial review available to the parties and the time limits for filing an appeal to the appropriate District Court.

9. The State Auditor's decision shall be based on the facts in the agency file and if a hearing is held, the facts based on evidence presented at the hearing.

10. The agency shall notify the parties of the agency's order by promptly mailing copy thereof to each at the address indicated in the file.

11. All hearings recorded, shall be at the agency's expense. Any party, at his own expense, may have a reporter approved by the agency prepare a transcript from the agency's record of the hearing.

12. Nothing in this section restricts or precludes any investigative right or power given to the agency by another statute.

 

KEY: administrative procedures, appellate procedures, auditing

Date of Enactment or Last Substantive Amendment: 1990

Notice of Continuation: June 7, 2017

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