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[Utah Administrative Code Table of Contents]
[Title R035. Table of Contents]
R35-3-1 Authority and Purpose.
In accordance with the general objectives of the Government Records Access and Management Act in facilitating access to records, and in keeping with the objectives of hearing procedures found in Section 63-2-403 , Utah Code, to resolve disputes, this rule authorizes and establishes the procedure for holding prehearing conferences.
R35-3-2 Definitions.
In addition to terms defined in Section 63-2-103 , Utah Code, and in rule Section R35-2-2 of the Utah Administrative Code, the following terms apply:
(a) "Prehearing" means a meeting by one or more members of the State Records committee to explore issues and facilitate settlement of a records dispute involving a government entity prior to the completion of efforts to resolve such disputes through an official appeals process.
R35-3-3 Scheduling Prehearing Conferences.
(a) In the process of planning and organizing efforts to execute appeals which are filed pursuant to Section 63-2-403 , the chair of the state records committee, at his or her discretion, may direct the disputing parties to appear before him or her, in person or telephonically, for a prehearing conference, to be held before any official appeals hearing, for such purposes as:
(1) encouraging exploration of areas of agreement, including stipulations; or
(2) facilitating settlement of the appeal.
(b) In the event that the issue, or issues scheduled for an appeals hearing are resolved at a prehearing conference, the committee chair shall report the settlement to the entire records committee at the next scheduled meeting for the purposes of creating a public record. Any stipulations shall be written and presented to the members of the records committee at the hearing.
[Indexing]
KEY: government documents, state records committee, records
appeal hearings
July 16, 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)
