No. 36773 (Amendment): Section R277-454-1. Definitions

(Amendment)

DAR File No.: 36773
Filed: 09/14/2012 10:39:18 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide updated language to make the definition consistent with definitions in other Utah State Board of Education (Board) rules.

Summary of the rule or change:

Provides additional language to "LEA" to make the definition in the rule consistent with the definition in other Board rules.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The amendment adds language to make the definition in the rule consistent with definitions in other Board rules which does not result in a cost or savings.

local governments:

There is no anticipated cost or savings to local government. The amendment adds language to make the definition in the rule consistent with definitions in other Board rules which does not result in a cost or savings.

small businesses:

There is no anticipated cost or savings to small businesses. The rule and the amendment apply to public education and do not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The amendment adds language to make the definition in the rule consistent with definitions in other Board rules which does not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendment adds language to make the definition in the rule consistent with definitions in other Board rules which does not result in compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2012

This rule may become effective on:

11/07/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-454. Construction Management of School Building Projects.

R277-454-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "CM" means an individual designated as a construction manager. The CM may be an architect, engineer, general contractor, or other professional consultant. It may also be an entity which is referred to as a construction management firm. The CM works as the agent of the owner of the construction project. The CM, at the discretion of the owner, may assist in the development and implementation of any or all of the predesign, design, bidding, construction, and occupancy stages of the construction project. The CM is responsible for the effective, orderly, and acceptable completion of the construction project.

C. "Construction management" means a contractual and professional working relationship between the owner of a construction project and a CM.

D. "LEA" means a local education agency[ which], includ[es]ing local school boards/public school districts[,] and charter schools.

 

KEY: educational facilities, education finance

Date of Enactment or Last Substantive Amendment: [May 8, ]2012

Notice of Continuation: September 14, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-20-103

 

---