State Records Committee Approves New Retention for Agency’s Administrative Record

Mike Broschinsky Public News, Rulemaking, Uncategorized

On recommendation of counsel, the Division of Administrative Rules contacted Archives last year and requested a change to the General Retention Schedule. The Utah Administrative Rulemaking Act expects an agency to maintain an Administrative Record. The act defines "Administrative Record" as:

information an agency relies upon when making a rule under this chapter including: (a) the proposed rule, change in the proposed rule, and the rule analysis form; (b) the public comment received and recorded by the agency during the public comment period; (c) the agency’s response to the public comment; (d) the agency’s analysis of the public comment; and (e) the agency’s report of its decision-making process.

The Division of Administrative Rules received notification from Archives on July 3, 2006, that, effective February 2006, the minimum retention for the administrative record, General Schedule Item 1-42, has been changed from four years to six years. The longer retention is intended to ensure that an agency has the information on file that is required to complete a Five-Year Notice of Review and Statement of Continuation.

Agencies may direct questions about this change to Ken Hansen at 801-538-3777.