No. 37363 (Change in Proposed Rule): Section R81-1-31. Duties of Commission Subcommittees

DAR File No.: 37363
Filed: 04/30/2013 01:39:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The previous rule change did not address action items when a quorum of the full commission (four members) is present at subcommittee meetings. This change clarifies that if there are at least four members of the commission present at a subcommittee meeting in, the subcommittee may take action on agenda items.

Summary of the rule or change:

The proposed changes to Section R81-1-31 define the duties of the two commission subcommittees -- the Compliance, Licensing and Enforcement Subcommittee and the Operations and Procurement Subcommittee. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the March 15, 2013, issue of the Utah State Bulletin, on page 4. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Section 32B-1-607
• Section 32B-2-201.5

Anticipated cost or savings to:

the state budget:

None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with state statute.

local governments:

None--This rule filing simply makes the DABC rules consistent with state statute.

small businesses:

None--This rule filing simply makes the DABC rules consistent with state statute.

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

None--This rule filing simply makes the DABC rules consistent with state statute.

Compliance costs for affected persons:

None--This rule filing simply makes the DABC rules consistent with state statute.

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

None--This rule filing simply makes the DABC rules consistent with state statute.

Salvador D. Petilos, Executive Director

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

Alcoholic Beverage Control
Administration
1625 S 900 W
SALT LAKE CITY, UT 84104-1630

Direct questions regarding this rule to:

• Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, 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:

06/14/2013

This rule may become effective on:

06/21/2013

Authorized by:

Sal Petilos, Executive Director

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-1. Scope, Definitions, and General Provisions.

R81-1-31. Duties of Commission Subcommittees.

(1) This rule is promulgated pursuant to Section 32B-2-201.5 and shall govern the duties of the two commission subcommittees, Compliance Licensing and Enforcement Subcommittee and the Operations and Procurement Subcommittee.

[(2) Duties reserved for the full commission: All major decisions, included but not limited to -- Granting of licenses and special use permits, establishing state stores](2) The Compliance Licensing and Enforcement Subcommittee will review and d iscuss items related to compliance, licensing and [adoption of formal rule making and policy.]enforcement and make recommendations to the full commission on those items.

(3) The [Compliance Licensing]Operations and [Enforcement]Procurement Subcommittee will review and d iscuss items related to [compliance, licensing]operations and [enforcement]procurement and make recommendations to the full commission on those items.

(4) [The]If a quorum of the full commission [may defer decision making to]is present, the subcommittee may act on all agenda action items[ related to licensing, compliance and enforcement not reserved to the full commission].

(5) [The Operations and Procurement Subcommittee will review and discuss items related to operations and procurement and make recommendations to the full commission on those]If a quorum of the full commission is not present, a recommendation on action items[.

(6) The full]can be presented to a quorum of the commission [may defer decision making to the subcommittee on all items related to Operations and Procurement not reserved to the commission in section.]for action without discussion if:

(a) A quorum of the subcommittee is present;

(b) There is a unanimous vote on the recommendation; and

(c) A member of the full commission does not request discussion on the items of recommendation.

([7]6) A subcommittee quorum is the majority of standing members.[ Decision by subcommittee requires at least a majority vote of the quorum. ]

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: 2013

Notice of Continuation: May 10, 2011

Authorizing, and Implemented or Interpreted Law: 32B-2-201(10); 32B-2-202; 32B-3-203(3)(c); 32B-1-305; 32B-1-306; 32B-1-307; 32B-1-607; 32B-1-304(1)(a); 32B-6-702; 32B-6-805(3); 32B-9-204(4); 32B-4-414(1)(b) and (c)