R641-100-600. Electronic Meetings

610. This section establishes procedures for conducting Board meetings by electronic means as authorized by Section 52-4-207.

611. Electronic participation under this section shall require both video and audio communication, unless the video component is waived by the Board.

620. The following provisions govern any meeting at which one or more Board members appear electronically:

621. If one or more members of the Board may participate electronically, public notice of the meeting shall so indicate. The notice shall specify the anchor location where the members of the Board not participating electronically will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

622. Notice of the meeting and the agenda shall be posted at the anchor location and the Utah Public Notice Website.

623. Notice of the possibility of an electronic meeting shall be given to the Board members at least 24 hours before the meeting.

624. When notice is given of the possibility of a Board member appearing electronically, any Board member may do so and shall be counted as present for the purposes of a quorum and may fully participate and vote on any matter coming before the Board.

625. At the commencement of the meeting, or at such a time as any Board member initially appears electronically, the chair shall identify for the record all those who are appearing electronically. Votes by members of the Board who are not at the physical location of the meeting shall be confirmed by the chair.

626. The anchor location, unless otherwise designated in the notice, shall be at the offices of the Department of Natural Resources, 1594 West North Temple, Salt Lake City, Utah. The anchor location is the physical location from which the electronic meeting originates or from where the participants are connected. The anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

630. The following provisions govern any Board meeting at which one or more witnesses or a party appears electronically:

631. The Board may for good cause allow a party or its witnesses in a formal proceeding to appear electronically if circumstances prevent attendance of the person at the noticed location, provided a party seeking permission shall provide the Board with a written request at least 48 hours prior to the meeting stating the reasons personal attendance is not possible, and providing evidence that written electronic notice has been provided to the Division, all petitioners, and all parties who have filed a response under R641-105-200.

632. The Board may for good cause allow a party or its witnesses in a formal proceeding, on an exceptional basis, to appear electronically with less than 48 hours notice to the Board and parties, if unforeseen circumstances, including weather, prevent attendance in person at the noticed location.

633. Any party participating electronically shall have an attorney present at the noticed location.