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. R35-4. Compliance with State Records Committee Decisions and Orders. R35-4-1. Authority and Purpose. In accordance with Subsection 63G-2-403(15), this rule intends to establish the procedure for complying with an Order of the State Records Committee. R35-4-2. Notices of Compliance. (1) The Executive Secretary of the Committee shall send an Order of the Committee by mail to the petitioner and to the governmental entity ordered to produce records. (2) Pursuant to Subsection 63G-2-403(15)(a), each governmental entity ordered by the Committee to produce records shall file with the Executive Secretary either a notice of compliance, or a copy of the appellant's notice of intent to appeal the Committee Order, no later than the 30th day following the date of the Committee Order. (3) The notice of compliance shall contain a statement, signed by the head of the governmental entity, that the records ordered to be produced have been delivered to the petitioner, and shall state the method and date of delivery. (4) In the event a governmental entity fails to file a notice of compliance or a copy of the appellant's notice of intent to appeal the Committee Order within the time frame specified, the Committee shall send written notice of the entity's noncompliance to the governor. (5)(a) The Committee may also impose a civil penalty of up to $500 for each day of continuing noncompliance, but only after holding a discussion of the matter at issue, and obtaining a majority vote at a regularly scheduled Committee meeting. (b) The non-complying governmental entity shall be heard at that meeting if the entity requests to comment, with discussion being limited specifically to reasons for the noncompliance. (c) Any civil penalty imposed shall be retroactive to the first date of noncompliance. KEY: government documents, state records committee, records appeal hearings, vexatious requester hearings Date of Last Change: August 23, 2023 
