No. 30766 (Repeal): R305-3. Emergency Meetings

DAR File No.: 30766
Filed: 11/28/2007, 10:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the five-year review process, the agency sought legal review. The department was advised that this rule imposed requirements that went substantially beyond the statutory requirements of Subsection 52-4-202(5). Facing a genuine emergency, it is not appropriate for the agency to be more constrained in its actions than provided by the Utah Legislature. Further, although it is not appropriate to mandate extra-statutorial requirements for emergency meetings, it is our intention to continue to comply with the procedures specified in the rule whenever possible.

Summary of the rule or change:

This rule is repealed in its entirety. The agency would ensure that statutory requirements were met for any emergency meeting, but the additional regulatory mandates would no longer be required.

State statutory or constitutional authorization for this rule:

Subsections 63-46a-9(3) and 63-46a-9(3)(b)

Anticipated cost or savings to:

the state budget:

Any costs or savings would be negligible. The cost of holding a meeting on an emergency basis will be essentially identical to the cost of holding a meeting as quickly as possible using normal procedures, particularly given that the agency is required by statute to give the best notice practicable. Moreover, any changes in costs would be negligible because emergency meetings are extremely infrequent; the entire department has held no such meeting in the course of its existence.

local governments:

There will be no cost or savings for local governments because this rule governs the actions only of the Department of Environmental Quality (DEQ) and not local governments. Repeal of the rule may modify the procedures that DEQ uses to call an emergency meeting, but it would not make emergency meetings less likely to occur. Any costs local governments would incur associated with an emergency meeting, e.g., attending such a meeting, would therefore be unchanged. Finally, it should be noted that changes in costs would be negligible because emergency meetings are extremely infrequent; the entire department has held no such meeting in the course of its existence.

small businesses and persons other than businesses:

There will be no direct cost or savings for small businesses or other interested persons because this rule governs the actions only DEQ and not small businesses or other interested persons. Repeal of the rule may modify the procedures that the department uses to call an emergency meeting, but it would not make emergency meetings less likely to occur. Any costs businesses and other interested persons would incur associated with an emergency meeting, e.g., attending such a meeting, would therefore be unchanged. Finally, it should be noted that changes in costs would be negligible because emergency meetings are extremely infrequent; the entire department has held no such meeting in the course of its existence.

Compliance costs for affected persons:

This rule imposes no requirements on any entity other than DEQ, therefore there would be no compliance costs for any "affected persons" outside of DEQ. With respect to DEQ and its Board members, the cost of holding a meeting on an emergency basis will be essentially identical to the cost of holding a meeting as quickly as possible using normal procedures, particularly given that the agency is required by statute to give the best notice practicable.

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

The repeal of this rule will have no impact on business. It is possible that board matters dealt with in an emergency meeting will have an impact on business but those impacts would be evaluated, as required, under independent authority. Further, although it is not appropriate to require extra-statutorial requirements for emergency meetings, it is our intention to continue to comply with the procedures specified in the rule whenever possible. Richard Sprott, 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
168 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:

01/14/2008

This rule may become effective on:

02/15/2008

Authorized by:

Richard W. Sprott, Executive Director

RULE TEXT

R305. Environmental Quality, Administration.

[R305-3. Emergency Meeting.

R305-3-1. Purpose.

The Department of Environmental Quality and the Boards established within the Department in accordance with Section 19-1-106 recognize that there may be times when, due to the necessity of considering matters of an emergency or urgent nature, the public provisions of Sections 52-4-6(1), (2), and (3) cannot be met. Pursuant to Sections 52-4-6(5), under such circumstance those notice requirements need not be followed but rather the best notice practicable shall be given.

 

R305-3-2. Authority.

This rule is enacted under the authority of Sections 63-46a-3 and 19-1-201(2)(k) and 202(1)(a).

 

R305-3-3. Procedure.

(1) No emergency meeting shall be held unless an attempt has been made to notify all members of the Board of the proposed meeting and a majority of the convened Board votes in the affirmative to hold such an emergency meeting.

(2) Public notice of each emergency meeting shall be provided as soon as practicable and shall include at minimum the following:

(a) The agenda and notice of the meeting shall be posted in writing at the offices of the division or department.

(b) If members of the Board may appear electronically or telephonically, each such notice shall specify the anchor location for the meeting at which all interested persons and members of the public may attend, monitor, and participate in the open portions of the meeting;

(c) Notice to the Board members shall advise how they may participate telephonically or electronically and be counted as present for all purposes, including the determination of a quorum;

(d) Written, electronic or telephonic notice shall be provided to at least one newspaper of general circulation within the state and at least one local media correspondent.

(3) If one or more members of the Board appear electronically or telephonically, the procedures governing electronic meetings shall be followed, except for the notice requirement which shall be governed by these provisions.

(4) In convening the meeting and voting in the affirmative to hold such an emergency meeting, the Board shall affirmatively state and find what unforeseen circumstances have rendered it necessary for the Board to hold an emergency meeting to consider matters of an emergency or urgent nature such that the ordinary public notice of meetings provisions of Section 52-4-6 could not be followed.

 

KEY: emergency meetings, board meetings

Date of Enactment or Last Substantive Amendment: November 8, 2002

Authorizing, and Implemented or Interpreted Law: 63-46a-3; 19-1-201(2)(k); 19-1-202(1)(a)]