Workforce Services, Administration

Rule R982-301

Councils

Notice of Proposed Rule

(Amendment)

DAR File No.: 34934
Filed: 06/15/2011 05:42:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to bring the rule into compliance with S.B. 19 from the 2011 General Session. (DAR NOTE: S.B. 19 (2011) was effective 05/10/2011.)

Summary of the rule or change:

S.B. 19 (2011) eliminated the regional councils. This change is being made to comply with that legislation. Additionally, state council members want to ensure that rural employers are represented on the state council. This rule change is being made at the council's request to ensure rural employers are represented.

State statutory or constitutional authorization for this rule:

• Section 35A-1-104
• Subsection 35A-1-104(4)

Anticipated cost or savings to:

the state budget:

This is a federally-funded program so there are no costs to the state budget. There may be a slight savings to the federal budget by the elimination of regional councils. Although support may still be needed for economic service areas, that support will not cost more than the support for the regional councils.

local governments:

This is a federally-funded program so there are no costs of savings to local government.

small businesses:

There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded.

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

There are no costs or savings to any other persons other than small businesses or local government entities as there are no fees associated with this program and it is federally funded.

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact any employer's contribution rate.

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

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employers contribution tax rate.

Kristen Cox, Executive Director

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

Workforce Services
Administration
140 E BROADWAY
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [email protected]

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:

08/01/2011

This rule may become effective on:

08/08/2011

Authorized by:

Kristen Cox, Executive Director

R982. Workforce Services, Administration.

R982-301. Councils.

R982-301-101. General Definitions.

1. Employer. This rule adopts the definition of employer as used in Section 35A-4-203 except that for purposes of this rule, and for purposes of membership on the State Council on Workforce Services , also known as the State Workforce Investment Board[ or a Regional Council on Workforce Services,] an employer shall be a for-profit enterprise.

2. Median sized employer. The median sized employer shall be calculated, based on the previous calendar year, by the [Division of Workforce Information and Payment Services] Workforce Research and Analysis Division each June 30. The median sized employer [in a region] is determined by arranging the establishments in an array by number of employees including the number of employees in each employer size interval, and choosing the employer in the array that employs the middle number of employee s.[ The median sized employer in the state is determined similarly.]

3. Attendance. Pursuant to Subsection 35A-2-103(6)(b), a council member may be considered present at the meeting when given permission by the council chair to participate in the business of the meeting by videoconference or teleconference.

4. Conflict of Interest. Prior to voting on any matter before a council, a council member must disclose and declare for the council records any direct financial benefit the member would receive from a matter being considered by the council.

 

R982-301-102. State Council on Workforce Services.

1. Authority. As required by Subsections 35A-1-206(2)(a)(iv)(A) and 35A-1-206(2)(a)(iv)(B), this rule defines Small Employers and Large Employers for membership on the State Council on Workforce Services.

2. Definitions.

a. "Small employer" means an employer who employs fewer employees than the median sized employer in the state.

b. "Large employer" means an employer who employs a number of employees that is greater than or equal to the median sized employer in the state.

c. "Median Sized Employer" as used in R982-301-102(2)(a) and R982-301-102(2)(b) is based solely on the number of employees an employer has in his/her employ in the state during the calendar year.

d. "Rural employer" means an employer whose primary worksite is located in a rural area outside the Wasatch Front as determined by the Department.

e. Council membership shall include a large and a small rural employer.

 

[R982-301-103. Regional Councils on Workforce Services.

1. Authority. As required by Sections 35A-2-103(2)(a)(i) and 35A-2-103(2)(a)(ii) this rule defines small employers and large employers for membership on the Regional Councils on Workforce Services.

2. Definitions.

a. "Small employer" means an employer who employs fewer employees than the median sized employer in the region.

b. "Large employer" means an employer who employs a number of employees that is greater than or equal to the median sized employer in the region.

c. "Median Sized Employer" as used in R982-301-103(2)(a) and R982-301-103(2)(b) is based solely on the number of employees an employer has in his/her employ in the region during the calendar year.

3. Voting. A voting member of a regional council must either be present at a council meeting to vote or, if unable to attend a council meeting, may submit to a regional director in writing 24 hours in advance of a council meeting the member's vote on a specific matter or proposal before the council.

4. Council Leadership. A chair of a regional council may, in consultation with the regional director, appoint members of the council to be the vice chair or second vice chair to serve in leadership positions at the direction of the chair. The vice chair and second vice chair shall be representatives of private sector employers.

 

]KEY: councils

Date of Enactment or Last Substantive Amendment: [November 4, 2002]2011

Notice of Continuation: June 26, 2007

Authorizing, and Implemented or Interpreted Law: 35A-1-104(1); 35A-1-206(2)(a)(iv)(A); 35A-1-206(2)(a)(iv)(B); 35A-2-103(2)(a)(i); 35A-2-103(2)(a)(ii)