No. 35206 (Amendment): Section R19-1-7. Electronic Meetings

(Amendment)

DAR File No.: 35206
Filed: 09/01/2011 08:42:01 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to establish procedures for conducting electronic meetings of the Child Welfare Parental Defense Oversight Committee.

Summary of the rule or change:

Provisions govern any meeting at which one or more Committee members appear telephonically or electronically pursuant to Section 52-4-207.

State statutory or constitutional authorization for this rule:

• Section 52-4-207
• Section 63A-1-105.5

Anticipated cost or savings to:

the state budget:

By allowing for electronic meetings, some savings may be realized by reduced travel on the part of committee members and reduced per diem payment by the state. Exact figures cannot be determined as they would depend on the number of meetings per year, how many members participate electronically, and other variables; all of these variables are unknown. Other costs associated with the meeting, such as providing telephonic or electronic infrastructure for the meeting and providing notice, are already build into the state's budget.

local governments:

The rule text governs electronic meetings of a state body in which local governments do not participate. Thus there are no costs or savings for local governments.

small businesses:

By allowing for electronic meetings, some savings may be realized by reduced travel on the part of committee members. Exact figures cannot be determined as they would depend on the number of meetings per year, how many members participate electronically, and other variables; all of these variables are unknown.

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

By allowing for electronic meetings, some savings may be realized by reduced travel on the part of committee members. Exact figures cannot be determined as they would depend on the number of meetings per year, how many members participate electronically, and other variables; all of these variables are unknown.

Compliance costs for affected persons:

Compliance costs associated with the meeting, such as providing telephonic or electronic infrastructure for the meeting and providing notice, are already build into the state's budget.

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

The rule has no impact on businesses.

Kimberly K. Hood, Executive Director

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

Administrative Services
Child Welfare Parental Defense (Office of)
Room 3120 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Sal Petilos at the above address, by phone at 801-538-3091, by FAX at 801-538-3844, 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:

10/17/2011

This rule may become effective on:

10/24/2011

Authorized by:

Sal Petilos, Deputy Director

RULE TEXT

R19. Administrative Services, Child Welfare Parental Defense (Office of).

R19-1. Parental Defense Counsel Training.

R19-1-7. Electronic Meetings.

(1) Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to establish written procedures for such meetings. This rule establishes procedures for conducting meetings of the Child Welfare Parental Defense Oversight Committee.

(2) These procedures established under the authority of Sections 52-4-207 and 63A-1-105.5.

(3) The following provisions govern any meeting at which one or more Committee members appear telephonically or electronically pursuant to Section 52-4-207.

(a) If one or more members of the Committee may participate electronically or telephonically, public notice of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members of the Committee not participating electronically or telephonically will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Notice of the meeting and the agenda shall be posted at the anchor location. Written or electronic notice shall also be provided to at least one newspaper of general circulation within the state and to a local media correspondent. These notices shall be provided at least 24 hours before the meeting.

(c) Notice of the possibility of an electronic meeting shall be given to the Committee members at least 24 hours before the meeting. In addition, the notice shall describe how a Committee Member may participate in the meeting electronically or telephonically.

(d) When notice is given of the possibility of a Committee member appearing electronically or telephonically, any Committee member may do so and shall be counted as present for the purposes of a quorum and may fully participate and vote on any matter coming before the Committee. At the commencement of the meeting, or at such a time as any Committee member initially appears electronically or telephonically, the chair shall identify for the record all those who are appearing telephonically or electronically. Votes by members of the Committee who are not at the physical location of the meeting shall be confirmed by the Chair.

(e) The anchor location, unless otherwise designated in the notice, shall be at the offices of the Department of Administrative Services, 3132 State Office Building, Salt Lake City, Utah 84114. The anchor location is the physical location from which the electronic meeting originates or from where the participants are connected. In addition, the anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

 

KEY: child welfare, parental defense, electronic meetings

Date of Enactment or Last Substantive Amendment: [May 13, 2005]2011

Notice of Continuation: October 21, 2009

Authorizing, Implemented, or Interpreted Law: 52-4-207; 63A-1-105.5; 63A-11-107

 

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