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Utah Administrative Code (Current through November 1, 2019) |
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R916. Transportation, Operations, Construction |
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R916-6. Drug and Alcohol Testing in State Construction Contracts |
| R916-6-1. Purpose |
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Latest version.
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The purpose of this rule is to comply with the provisions of Utah Code Section 63G-6a-1303. |
| R916-6-2. Authority |
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This rule is required by Subsection 63G-6a-1303(4)(b) and is enacted under the authority of Subsection 72-1-201(1)(h). |
| R916-6-3. Definitions |
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Except as otherwise provided in this rule, the terms used are defined in Subsection 63G-6a-1303(1), and "Department" means the Utah Department of Transportation. |
| R916-6-4. Requirements and Procedures |
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A contractor or subcontractor shall demonstrate compliance with the requirements of Section 63G-6a-1303 by certifying in the contract documents that the contractor or subcontractor has and will maintain a drug and alcohol testing policy that meets all the requirements of Section 63G-6a-1303 during the period of the state construction contract. |
| R916-6-5. Penalties |
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A contractor or subcontractor's failure to comply with the provisions of Section 63G-6a-1303 will be considered a breach of the terms of the contract and the Department may pursue all remedies and impose all penalties allowed by law, including but not limited to suspension and debarment. |
| R916-6-6. Reasonable Notice and Opportunity to Cure |
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Latest version.
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The Department shall give reasonable notice and an opportunity to cure a violation of Section 63G-6a-1303 before suspension or debarment of the contractor or subcontractor under R916-6-5. |