No. 37114 (Emergency Rule): Section R81-1-31. Duties of Commission Subcommittees

DAR File No.: 37114
Filed: 12/18/2012 05:03:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to implement S.B. 66 passed by the Legislature in the 2012 General Session. S.B. 66 created commission subcommittees with duties to be defined by Subsection 32B-2-201.5(4). Emergency rulemaking is necessary to comply with statutory requirement of having rules in place within six months of enactment.

Summary of the rule or change:

The proposed Section R81-1-31 defines the duties of the two commission subcommittees -- the Compliance, Licensing and Enforcement Subcommittee, and the Operations and Procurement Subcommittee.

Emergency rule reason and justification:

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

Justification: Emergency rulemaking is necessary for the agency to comply with state statute that administrative rules be in place within six months of enactment.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

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

local governments:

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

small businesses:

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

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

None--Any cost or savings result directly from S.B 66 (2012), not from this rule filing simply makes the DABC rules consistent with the new statute.

Compliance costs for affected persons:

None--Any cost or savings result directly from S.B 66 (2012), not from this rule filing simply makes the DABC rules consistent with the new 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 the new 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]

This rule is effective on:

12/18/2012

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: A ll major decisions, included but not limited to - Granting of licenses and special use permits, establishing state stores and adoption of formal rule making and policy.

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

(4) The full commission may defer decision making to the subcommittee on all items related to licensing, compliance and enforcement not reserved to the full commission.

(5) The Operations and Procurement Subcommittee will review and d iscuss items related to operations and procurement and make recommendations to the full commission on those items.

(6) The full commission may defer decision making to the subcommittee on all items related to Operations and Procurement not reserved to the commission in section.

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

 

KEY: alcoholic beverages, commission subcommittees

Date of Enactment or Last Substantive Amendment: December 18, 2012

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)

 

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