No. 43224 (Repeal and Reenact): Rule R357-14. Electronic Meetings

(Repeal and Reenact)

DAR File No.: 43224
Filed: 09/25/2018 03:45:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to simplify the process for conducting electronic meetings and to clearly identify that the Governor�s Rural Partnership Board is governed by this rule.

Summary of the rule or change:

Section R357-14-101 establishes that public bodies that are within Title 63N, Governor's Office of Economic Development, and Title 63C, Chapter 10, Part 1, Governor's Rural Partnership Board may conduct electronic meetings. Subsection R357-14-101(1)(a) establishes that an agency director or designee may initiate an electronic meeting. Subsection R357-14-101(1)(b) establishes that any member of the public body may request an electronic meeting and the office will evaluate each request based on budget, public policy, or logistical considerations. Subsection R357-14-101(2) establishes that a quorum is not required at a single anchor location.

Statutory or constitutional authorization for this rule:

• Section 52-4-207

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget. These changes merely update the procedures the office will follow when conducting electronic meetings.

local governments:

There is no aggregate anticipated cost or savings to local governments. These changes merely update the procedures the office will follow when conducting electronic meetings.

small businesses:

There is no aggregate anticipated cost or savings to small businesses. These changes merely update the procedures the office will follow when conducting electronic meetings.

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

There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. These changes merely update the procedures the office will follow when conducting electronic meetings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. These changes merely update the procedures the office will follow when conducting electronic meetings.

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

The repeal and reenactment of this rule will not result in fiscal impact to businesses. These changes merely update the procedures the office will follow when conducting electronic meetings.

Val Hale, Executive Director

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

Governor
Economic Development
60 E SOUTH TEMPLE 3RD FLR
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Dane Ishihara at the above address, by phone at 801-538-8865, by FAX at , 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:

11/14/2018

This rule may become effective on:

11/21/2018

Authorized by:

Val Hale, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There is no regulatory impact creating financial cost to small businesses,non-small businesses, or other persons. This rule filing is to clarify the standards for participation in electronic meetings.

 

 

R357. Governor's Office of Economic Development.

R357-14. Electronic Meetings.

R357-14-101 . Purpose and Procedure.

[(1) Purpose. Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to adopt a rule governing the use of electronic meetings. This Rule establishes procedures for conducting meetings by electronic means for any and all boards, commissions, committees, and tasks forces statutorily provided in the Governor's Office of Economic Development's (GOED) code, Title 63N.

(2) Procedure. The following provisions govern any meeting at which one or more board, commission, committee, and task force members (hereinafter "member(s)") appear electronically pursuant to Section 52-4-207:

(a) If one or members desire to participate electronically, such member(s) shall contact the Executive Director of the Governor's Office of Economic Development or their designee(s) (hereinafter "Executive Director"). The Executive Director shall assess the practicality of facility requirements needed to conduct the meeting electronically in a manner that allows for the attendance, participation and monitoring as required by this Rule. If it is practical, the Executive Director shall determine whether to allow for such electronic participation, and the public notice of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members not participating electronically will be present 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 and be provided in accordance with the Open and Public Meetings Act. The anchor location is the physical location where the electronic meeting originates or where the participants are connected. The anchor location shall be identified in the public notice for the meeting. Unless otherwise designated in the notice, the anchor location shall be a room in the offices of GOED where such meetings would normally be held.

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

(d) When notice is given of the possibility of a member(s) participating electronically, any member(s) may do so and any voting member(s), whether at the anchor location or participating electronically, shall be counted as present for purposes of a quorum and may fully participate and vote. At the commencement of the meeting, or at such time as any member(s) initially appears electronically, the Executive Director shall identify for the record all those who are participating electronically. Votes by member(s) who are not at the anchor location of the meeting shall be confirmed by the Executive Director.

(e) The anchor location will have space and facilities so that interested persons and the public may attend, monitor and participate in the open portions of the meeting, as appropriate.]In accordance with Section 52-4-207, the following shall apply to electronic meetings held by any "public body", as defined in Subsection 52-4-103 (9), within Title 63N, Governor's Office of Economic Development and Title 63C, Chapter 10, Part 1, Governor's Rural Partnership Board.

(1)(a) An agency director or designee, on his/her own initiative, may establish an electronic meeting.

(b) Any member of a public body may also request an agency director or designee to establish an electronic meeting.

(i) Any such request shall be made not less than three business days prior to a meeting. The agency director or designee may shorten this time frame upon a determination of reasonable need.

(ii) The agency director or designee may determine whether such a request should be granted based on budget, public policy, or logistical considerations.

(2) A quorum of the public body is not required to be present at a single anchor location for an electronic meeting.

 

KEY: electronic meetings, open and public meetings

Date of Enactment or Last Substantive Amendment: [September 10, 2015]2018

Authorizing, and Implemented or Interpreted Law: 52-4-207

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