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.