No. 36775 (New Rule): Rule R305-8. Board Member Attendance Requirements

(New Rule)

DAR File No.: 36775
Filed: 09/14/2012 03:52:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule will establish board meeting attendance requirements for the Department of Environmental Quality (DEQ) board members. DEQ is required to make this rule under Subsection 19-1-201(1)(d)(i)(A).

Summary of the rule or change:

This rule will establish board meeting attendance requirements for DEQ board members: members may be excused from the board if they have two unexcused absences during a one-year period, three consecutive absences, or miss more than one third of the board meetings during a one-year period.

State statutory or constitutional authorization for this rule:

• Section 19-1-201(1)(d)(i)(A)

Anticipated cost or savings to:

the state budget:

Any impact on the state budget as a result of this rule will be insignificant. Because individuals appointed to boards may attend more board meetings in order to meet the requirements of this rule, and because some board members have those expenses reimbursed by the Department, board expenses may increase. Any such increase would be managed within existing budgets.

local governments:

There will be no fiscal impact to local government; local governments are not affected in any way by this rule.

small businesses:

There will be no fiscal impact to small business; small businesses are not affected in any way by this rule.

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

Board members are the only persons affected by this rule, and most board members are reimbursed by DEQ for their expenses associated with attending board meetings. The compliance costs for board members will therefore be insignificant.

Compliance costs for affected persons:

Board members are the only persons affected by this rule, and most board members are reimbursed by the Department for their expenses associated with attending board meetings. The compliance costs for board members will therefore be insignificant.

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

There will be no fiscal impact to businesses; businesses are not affected in any way by this rule.

Amanda Smith, Executive Director

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

Environmental Quality
Administration
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Laura Lockhart at the above address, by phone at 801-366-0283, by FAX at 801-366-0292, 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

Interested persons may attend a public hearing regarding this rule:

• 10/15/2012 03:00 PM, DEQ Board Room, First Floor, 195 N 1950 W, Salt Lake City, UT

This rule may become effective on:

11/07/2012

Authorized by:

Amanda Smith, Executive Director

RULE TEXT

R305. Environmental Quality, Administration.

R305-8. Board Member Attendance Requirements

R305-8-101. Purpose and Authority.

The purpose of this rule is to establish standards for board member attendance at regularly scheduled board meeetings. This rule is authorized by Section 19-1-201(1)(d)(i)(A).

 

R305-8-102. Notification Requirement.

A board member shall notify the board chair of an absence at least two business days prior to the board meeting in order to be excused. A board member who fails to notify the board chair of an absence at least two business days prior to the board meeting shall not be excused.

 

R305-8-103. Standards for Attendance

(1) In order to effectively execute board duties, board members shall regularly attend board meetings.

(2) A board member shall be deemed to be out of conformity with the requirement to regularly attend board meetings if:

(a) the member has two unexcused absences from a board meeting within a one-year period;

(b) the member misses three consecutive meetings for any reason; or

(c) the member misses one-third of the total number of board meetings in a one year period.

 

R305-8-104. Remedy for Failure to Meet Standards for Attendance.

(1) If a board member fails to meet standards for attendance, the board chair shall:

(a) notify the board member in writing; and

(b) schedule an agenda item for the next board meeting to consider dismissal of the board member.

(2) The board member shall be given an opportunity to address the board at that meeting.

(3) The Board may recommend to the Governor that the member be removed from the board.

 

KEY: board membership, board attendance, board member dismissal

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 19-1-201(1)(d)(i)(A)

 

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