Utah Administrative Code (Current through November 1, 2019) |
R861. Tax Commission, Administration |
R861-1A. Administrative Procedures |
R861-1A-45. Procedures for Commission Meetings Not Open to the Public Pursuant to Utah Code Ann. Section 59-1-405
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(1) When the commission holds a meeting that is not open to the public pursuant to Section 59-1-405, the commission shall:
(a) follow the procedures set forth in commission rules:
(i) R861-1A-9, Tax Commission as Board of Equalization;
(ii) R861-1A-11, Appeal of Corrective Action;
(iii) R861-1A-20, Time of Appeal;
(iv) R861-1A-22, Petitions for Commencement of Adjudicative Proceedings;
(v) R861-1A-23, Designation of Adjudicative Proceedings;
(vi) R861-1A-24, Formal Adjudicative Proceedings;
(vii) R861-1A-26, Procedures for Formal Adjudicative Proceedings;
(viii) R861-1A-27, Discovery;
(ix) R861-1A-28, Evidence in Adjudicative Proceedings;
(x) R861-1A-29, Decision, Orders, and Reconsideration;
(xi) R861-1A-30, Ex Parte Communications;
(xii) R861-1A-31, Declaratory Orders;
(xiii) R861-1A-32, Mediation Process;
(xiv) R861-1A-33, Settlement Agreements;
(xv) R861-1A-34, Private Letter Rulings;
(xvi) R861-1A-38, Class Actions;
(xvii) R861-1A-40, Waiver of Requirement to Post Security Prior to Judicial Review; and
(xviii) R861-1A-42, Waiver of Penalty and Interest for Reasonable Cause; and
(b) for all meetings other than initial hearings, or the deliberating and issuing of an order relating to adjudicative proceedings, keep confidential written minutes and a confidential recording of the meeting.
(2) Written minutes of a meeting under Subsection (1)(b) shall include:
(a) the date, time, and place of the meeting;
(b) the names of each person present at the meeting;
(c) the substance of all matters proposed, discussed, or decided by the commission, which may include a summary of comments made by the commissioners;
(d) a record, by commissioner, of each vote taken by the commission;
(e) a summary of comments made by a person, other than a commissioner, present at the meeting; and
(f) any other information that is a record of the proceedings of the meeting that any commissioner requests be entered in the minutes or recording.
(3) Recorded minutes of a meeting under Subsection (1)(b) shall be:
(a) properly labeled or identified with the date, time, and place of the meeting; and
(b) a complete and unedited record of the meeting.