R156-15A-232. Administration of the Office of the Property Rights Ombudsman's Land Use Fund

  In accordance with Subsection 15A-1-209(5)(c)(iii) and Section R156-15A-230, the following procedures, standards, and policies are established for the administration of the Ombudsman's Land Use Fund:

  (1) Reimbursements to the Office of the Property Rights Ombudsman.

  (a) The Ombudsman shall use the Land Use Fund to pay its expenses, including personnel salaries, course development costs, travel, and other related expenses as agreed upon by the Ombudsman and the Department of Commerce, that are incurred as a result of:

  (i) administering the Land Use Fund;

  (ii) conducting training activities under Subsection 13-43-203(1)(g); and

  (iii) creating, compiling, and updating model land use ordinances.

  (b) Expenses paid to the Ombudsman under this Subsection (1) shall first be approved by:

  (i) the Advisory Board; and

  (ii) the Department's executive director.

  (c) The fact that an expenditure type is reimbursable to the Ombudsman under Subsection (1)(a) does not affect whether an item is reimbursable as a grant under Subsection (2).

  (2) The Ombudsman shall use the Land Use Fund to provide grants to providers of land use training programs, as follows:

  (a) Eligibility Criteria.

  (i) To be eligible to receive funds, the provider's program shall primarily provide training on Utah land use law, and in particular the drafting and application of land use laws and regulations.

  (ii) Program training may take the form of live or prerecorded seminars or lectures, continuing education programs, video production, or distribution of training materials and written information.

  (iii) The following factors shall apply to the consideration of whether to approve, approve with conditions, or deny a grant request:

  (A) previous experience in providing training;

  (B) cost estimates, including cost-per-attendee estimates;

  (C) how well the education fits in with the land use education and training objectives of Subsection 13-43-203(1)(i)(i);

  (D) whether the training addresses current Utah land use law, issues, and best practices;

  (E) how well the text relates to the course objectives;

  (F) the target audience - for example, whether the education is targeted for land use officials such as commissioners, council members, etc.;

  (G) the expected number of students, hours of instruction, and the ratio of students per dollar spent;

  (H) the location or region of the state targeted by the education;

  (I) the percentage of training costs paid for by the student;

  (J) any other considerations deemed important by the Advisory Board, the Ombudsman, and the Department; and

  (K) available funds.

  (b) Reimbursement Criteria.

  (i) Funds may be expended only as reimbursement for expenditures incurred in providing land use training.

  (ii) The reimbursement rate for instructor fees shall be limited to $150 per instruction hour and up to $3,000 total for all instructors per day, including airfare, vehicle mileage, and meals. This fee represents the total amount reimbursable for live or prerecorded instruction activities. Preparation time, course development, event coordination, staff time, and travel time are not separately reimbursable. Any excess instructor fees, including honoraria for keynote speakers, shall require further justification, review, and approval. Instructor fees may not be paid to State or local government employees if the instructor is also being paid wages for the same time period.

  (iii) Reimbursement for instructor meals, mileage, and lodging may not exceed current State of Utah rates for mileage and daily travel per diem.

  (iv) Reimbursement for other expenses such as workbooks, study guides, textbooks used in the education course, meeting rooms or facilities, audio/visual equipment rental costs, if needed, actual printing costs, reasonable cost of advertising materials, and mailing and postage costs, shall be approved as needed.

  (v) Gift cards, door prizes, and the cost of food and food services provided to training participants may not be paid or reimbursed from the Ombudsman's Land Use Fund. Any items that do not qualify for state funding, including food and food service provided to training participants, shall be paid for by the participant or sponsor of the program.

  (vi) Programs that receive sponsorships or grants from other sources are eligible for reimbursement on a net cost basis after subtracting sponsorships or grants from other sources.

  (vii) Total reimbursement shall be the lesser of $15 per student hour or the cost of all approved actual expenditures. Reimbursement in excess of this total requires further justification, review, and approval.

  (viii) Notwithstanding Subsection (2)(b)(iii), if an instructor is required to travel to a remote, rural Utah location, the instructor may be compensated up to $50 an hour for time traveling to and from the event venue in addition to mileage.

  (c) Procedures for the submission, review, and payment of funding grants shall be as follows:

  (i) A funding grant applicant shall submit a completed Request for Land Use Training Funds application to the Ombudsman on a form provided for that purpose by the Ombudsman. The application shall require a description of the proposed land use training program, including program objectives, instructors, target audience, and budget, and may encompass other criteria including that set forth in Subsection (2)(a).

  (ii) The Ombudsman shall submit the completed Request for Land Use Training Funds application to the Advisory Board for selection or proposal by the Advisory Board. The submission, selection, or proposal may be done in person or by electronic means in accordance with Title 63G.

  (iii) A Request for Land Use Training Funds application selected or proposed by the Advisory Board shall then be reviewed by the Ombudsman's director, the Land Use Fund's manager, and the Department's executive director, or their designees. They may jointly approve the application, approve the application with conditions, or deny the application.

  (iv) To apply for reimbursement based on an approved Request for Land Use Training Funds application, the approved program shall submit one or more completed Request for Reimbursement forms to the Ombudsman as follows:

  (A) The Request for Reimbursement shall be on a form provided by the Ombudsman for that purpose, and shall include receipts, invoices, and supporting documentation of expenditures, including proof of payment if requested by the Ombudsman or the Department of Commerce.

  (B) The complete Request for Reimbursement shall be submitted within 60 days following the approved event, class, or seminar, unless an extenuating circumstance occurs. Written notice shall be given to the Ombudsman of such an extenuating circumstance. Failure to submit a complete Request for Reimbursement within 60 days shall result in non-payment of approved funds, unless an extenuating circumstance has been reviewed and accepted by the Ombudsman.

  (v) A Request for Reimbursement accepted by the Ombudsman for review shall then be reviewed by the Ombudsman director, the Land Use Fund manager, and the Department executive director or their designees, and may be approved, approved with conditions, or denied.

  (vi) Reimbursement funds may be paid only:

  (A) for eligible expenditures which have been executed in good faith with the intent to ensure the best reasonable value; and

  (B) pursuant to a Request for Reimbursement form that has been signed as approved by the Ombudsman director, the Land Use Fund manager, and the Department executive director, or their designees.