Utah Administrative Code Topic - Attorney General
Here’s a refined summary of the Utah Administrative Code — Topic: Attorney General (Title R105 – Administration), reflecting the most current rules:
🧾 Title R105 – Attorney General Administration
🔹 Rule R105‑1 – Selection of Outside Counsel, Expert Witnesses & Litigation Support
Purpose & Authority
Authorizes the AG to retain outside counsel, expert witnesses, or litigation support as needed, without following standard state procurement procedures, when confidentiality, timeliness, or strategic concerns arise (rules.utah.gov).
Definitions
Includes terms like “small purchase,” “sole source,” “emergency,” “outside counsel,” etc. Small purchases are ≤ $100,000 or ≤ $50,000 for non‑legal support (rules.utah.gov).
Procurement Pathways
The AG must first determine if a procurement qualifies as a small purchase, sole source, or emergency. If not, a Request for Proposals (RFP) is used (rules.utah.gov).
Procurement Processes
Small Purchases: Direct awards or quotes, with documented competition (rules.utah.gov).
Sole Source: When only one provider is acceptable, requiring documented negotiations (rules.utah.gov).
Emergency Procurements: Permitted under written determination of urgent need, still seeking competition if feasible (rules.utah.gov).
Contingency Fee Contracts & Transparency
Specific rules require AG oversight and veto rights over contingency‐fee arrangements. Executed contingency contracts and payments must be publicly accessible under GRAMA; legislative leaders may request yearly details (rules.utah.gov).
Record-keeping & Contracts
All procurements require written contracts and documentation retained in AG files, including written determinations, RFPs, proposals, and contract terms (rules.utah.gov, rules.utah.gov).
📁 Rule R105‑2 – GRAMA Requests (Records Access)
Submission & Appeals
Establishes protocol for public records requests under GRAMA: directs requests and appeals (if denied) to the GRAMA Coordinator at the Attorney General's Office, with specified contact methods (mail, hand delivery, email) (rules.utah.gov).
Agency Records
Requests for records from client agencies must be made directly to that agency; AG’s office is a single governmental entity for sharing (rules.utah.gov).
✅ Summary Overview
Area
Key Points
Procurement of Legal Services
AG uses tailored routes—small purchase, sole source, RFP, or emergency—to retain outside counsel or support, ensuring strategic discretion and competition when viable.
Contingency Fees & Transparency
AG retains full control; contracts/payments are publicly disclosed per GRAMA and legislative right-to-request.
Records Access Protocol
Centralized GRAMA coordination; AG’s office treated as a unit in sharing and disclosures.
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