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[Utah Administrative Code Table of Contents]
[Title R035. Table of Contents]
R35-1-1 Scheduling Committee Meetings.
(1) The Executive Secretary shall respond in writing to the notice of appeal within 3 business days.
(2) Two weeks prior to the Committee meeting or appeal hearing the Executive Secretary shall send a notice of the meeting to at least one newspaper of general circulation within the geographic jurisdiction.
(3) One week prior to the Committee meeting or appeal hearing the Executive Secretary shall post a notice of the meeting indicating the agenda, date, time and place of the meeting at the building where the meeting is to be held and at the Utah State Archives.
R35-1-2 Procedures for Appeal Hearings.
(1) The meeting shall be called to order by the Committee Chair.
(2) Opening statements will be presented by the petitioner and the governmental entity. Each party shall be allowed five minutes to present their opening statements before the Committee.
(3) Testimony shall be presented by the petitioner and the governmental entity. Each party shall be allowed thirty minutes to present testimony and evidence and to call witnesses.
(4) Witnesses providing testimony shall be sworn in by the Committee Chair.
(5) Questioning of the evidence presented and the witnesses by Committee members shall be permitted.
(6) The Committee may view documents in camera.
(7) Third party presentations shall be permitted. At the conclusion of the testimony presented, the Committee Chair shall ask for statements from any third party. Third party presentations shall be limited to ten minutes.
(8) Closing arguments may be presented by the petitioner and the governmental entity. Each party shall be allowed five minutes to present a closing argument and make rebuttal statements.
(9) Committee deliberations.
(a) Following deliberations, a motion to grant in whole or part or to deny the petitioner's request shall be made by a member. Following discussion of the motion, the Chair shall call for the question. The motion shall serve as the basis for the Committee Decision and Order. The Committee shall vote and make public the decision of the Committee during the hearing.
(10) Adjournment.
R35-1-3 Issuing the Committee Decision and Order.
(1) The Decision and Order shall be signed by the Committee Chair and distributed by the Executive Secretary within three business days after the hearing. Copies of the Decision and Order will be distributed to the petitioner, the governmental entity and all other interested parties. The original order shall be maintained by the Executive Secretary. A copy of the order shall be made available for public access at the Utah State Archives, Research Center.
R35-1-4 Committee Minutes.
(1) All meetings of the Committee shall be recorded. Access to the audio recordings shall be provided by the Executive Secretary at the Utah State Archives, Research Center.
(2) Written minutes of the meetings and appeal hearings shall be maintained by the Executive Secretary. A copy of the approved minutes shall be made available for public access at the Utah State Archives, Research Center.
[Indexing]
KEY: government documents, state records committee*, records
appeal hearings*
March 18, 1999
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
63-2-502
(2)(a)
