G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)
Regulatory Impact Summary Table
H. Department head comments on fiscal impact and approval of regulatory impact analysis:
The Executive Director of the Department of Government Operations, Marvin Dodge, has reviewed and approved this regulatory impact analysis.
Citation Information
7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Public Notice Information
9. The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
10. This rule change MAY become effective on:
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Agency Authorization Information
Agency head or
designee and title:
Kenneth Williams, Director and State
Archivist
[R35. Government Operations, Records Committee. R35-2. Scheduling and Declining Hearings. R35-2-1. Authority and Purpose. In accordance with Section 63G-2-502, Section 63G-2-209, and Subsection 63G-2-403(4), this rule establishes the procedure declining to schedule hearings by the Executive Secretary of the State Records Committee. R35-2-2. Scheduling and Declining Requests for Appeal Hearings. (1)(a) To decline a request for a hearing under Subsection 63G-2-403(4), the Executive Secretary shall consult with the Committee Chair. (b) The Committee Chair must agree with the Executive Secretary's recommendation to decline to schedule a hearing. Such a decision shall consider the potential for a public interest claim as the petitioner may put forward under Subsection 63G-2-403(11)(b). (c) The Executive Secretary's notice to the petitioner indicating that the Committee Chair declined the request for a hearing, as provided for in Subsection 63G-2-403(4)(b)(ii)(A), shall include a copy of the previous Order of the Committee holding that the records at issue are appropriately classified. (2)(a) In any appeal to the Committee of a governmental entity's denial of access to records because the record is not maintained by the governmental entity, the petitioner shall provide sufficient evidence in the petitioner's statement of facts, reasons, and legal authority in support of the appeal, that the record was maintained by the governmental entity at one time, or that the governmental entity has concealed, or has not sufficiently or has improperly searched for the record. (b) The Committee Chair shall determine whether or not the petitioner has provided sufficient evidence. (c) If the Committee Chair determines that the petitioner provided sufficient evidence, the Chair shall direct the Executive Secretary to schedule a hearing. (d) If the Committee Chair determines that the petitioner has not provided sufficient evidence, the Chair shall direct the Executive Secretary to not schedule a hearing and to inform the petitioner of the determination. (e) Evidence that a governmental entity has disposed of the record according to retention schedules is sufficient basis for the Chair to direct the Executive Secretary to not schedule a hearing. 
