No. 37846 (Emergency Rule): Rule R452-200. Office Grants Program

DAR File No.: 37846
Filed: 07/15/2013 12:25:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this emergency rule is to set eligibility guidelines for certain Utah nonprofit organizations, other than museums, that may receive office grants through the Office of Museum Services (OMS).

Summary of the rule or change:

The rule makes office grants available to qualifying Utah nonprofit organizations. OMS may award such grants at its own discretion. The rule limits office grants to those nonprofits that are organized in Utah and that support and advocate for Utah museums and museum professionals.

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: This rule is necessary to clarify eligibility for office grants through OMS and to reconcile the recent allocation of funds with OMS's statutory authority.

State statutory or constitutional authorization for this rule:

• Subsection 9-6-605(2)(a)(i)
• Subsection 9-6-603(1)(a)(i)
• Subsection 9-6-605(2)(b)

Anticipated cost or savings to:

the state budget:

This rule merely disburses OMS's existing funding and does not add any new expenses. The rule will not impact the state budget.

local governments:

This rule merely disburses OMS's existing funding and does not add any new expenses The rule will not impact local government.

small businesses:

The rule will not have any impacts on small businesses or other persons because the rule only deals with allocating OMS's existing budget and does not implement any regulations or impose obligations on any person or entity.

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

The rule will not have any impacts on small businesses or other persons because the rule only deals with allocating OMS's existing budget and does not implement any regulations or impose obligations on any person or entity.

Compliance costs for affected persons:

The rule does not impose any regulations and is not expected to fiscally impact any governmental or private entities. There will be no compliance costs associated with this rule.

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

The rule sets guidelines and eligibility criteria for OMS's office grant program and does not create any fiscal impact on businesses.

Julie Fisher, Executive Director

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

Heritage and Arts
Arts and Museums, Museum Services
617 E SOUTH TEMPLE
SALT LAKE CITY, UT 84102-1177

Direct questions regarding this rule to:

• Lynnette Hiskey at the above address, by phone at 801-236-7552, by FAX at 801-236-7556, or by Internet E-mail at [e-mail]

This rule is effective on:

07/15/2013

Authorized by:

Julie Fisher, Executive Director

RULE TEXT

R452. Heritage and Arts, Arts and Museums, Museum Services.

R452-200. Office Grants Program.

R452-200-1. Authority and Purpose.

(1) This rule is enacted pursuant to Section 9-6-605(2)(a)(i) and (2)(b) of the Utah Code.

(2) This rule sets eligibility guidelines for certain Utah nonprofit organizations, other than Museums, that may receive office grants through the Office of Museum Services.

 

R452-200-2. Definitions.

As used in this section:

(1) "Museum" has the definition assigned to it by Section 9-6-102(6) of the Utah Code.

(2) "Nonprofit Organization" means an entity that is not a Museum or a political subdivision of the state.

(3) "Museum Professional" means an individual employed or associated with a Utah Museum.

 

R452-200-3. Grants Available.

A Nonprofit Organization may be eligible to receive funding though the Office of Museum Services office grants program.

 

R452-200-4. Eligibility Requirements for Office Grants.

(1) To be eligible for funding through the Office of Museum Services office grants program, an entity must:

(a) be a nonprofit organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code;

(b) be incorporated in Utah, and have its principle place of business in Utah;

(c) have as one of its purposes the support or development of museums in Utah; and

(d) regularly provide support for or advocacy on behalf of Museums or Museum Professionals in Utah.

 

R452-200-5. Awarding of Grants.

The Museum Services Advisory Board may, at their own discretion, award a grant to a Nonprofit Organization that satisfies the requirements of Sections R452-200-4(1).

 

KEY: grants, office grants, nonprofit, OMS

Date of Enactment or Last Substantive Amendment: July 15, 2013

Authorizing, and Implemented or Interpreted Law: 9-6-603(1)(a)(i); 9-6-605(2)(a)(i); 9-6-605(2)(b)

 

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