No. 40220 (5-year Review): Rule R325-1. Utah State Fair Competitive Exhibitor Rules

DAR File No.: 40220
Filed: 02/23/2016 10:56:04 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 63G-3-201 requires (1) Each agency shall: (a) maintain a current version of its rules; and (b) make it available to the public for inspection during its regular business hours. (2) In addition to other rulemaking required by law, each agency shall make rules when agency action: (a) authorizes, requires, or prohibits an action; (b) provides or prohibits a material benefit; (c) applies to a class of persons or another agency; and (d) is explicitly or implicitly authorized by statute. Subsection 63H-6-103(5) Utah State Fair Corporation shall: (vi) hold an annual exhibition that: (A) is called the state fair or a similar name; (B) includes expositions of livestock, poultry, agricultural, domestic science, horticultural, floricultural, mineral, and industrial products, manufactured articles, and domestic animals that, in the corporation's opinion will best stimulate agricultural, industrial, artistic, and educational pursuits and the sharing of talents among the people of Utah; (C) includes the award of premiums for the best specimens of the exhibited articles and animals; (D) permits competition by livestock exhibited by citizens of other states and territories of the United States; and (E) is arranged according to plans approved by the board; (vii) fix the conditions of entry to the exposition described in Subsection (5)(a)(vi); and (viii) publish a list of premiums that will be awarded at the exhibition described in Subsection (5)(a)(vi) for the best specimens of exhibited articles and animals. This requires that the Corporation set rules and guidelines for exhibitors, renters and the general public.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There is no record of written comments having been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Fair has over 6,800 competitive exhibitors each year and must have some enforceable basic guidelines for equitable competition. Therefore, this rule should be continued.

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

Fair Corporation (Utah State)
Administration
155 N 1000 W
SALT LAKE CITY, UT 84116-3399

Direct questions regarding this rule to:

• Judy Duncombe at the above address, by phone at 801-538-8445, by FAX at 801-538-8455, or by Internet E-mail at [e-mail]

Effective:

02/23/2016

Authorized by:

Judy Duncombe, Associate Director

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