DAR File No. 37114
This rule was published in the January 15, 2013, issue (Vol. 2013, No. 2) of the Utah State Bulletin.
Alcoholic Beverage Control, Administration
Section R81-1-31
Duties of Commission Subcommittees
Notice of 120-Day (Emergency) Rule
DAR File No.: 37114
Filed: 12/18/2012 05:03:29 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this rule is to implement S.B. 66 passed by the Legislature in the 2012 General Session. S.B. 66 created commission subcommittees with duties to be defined by Subsection 32B-2-201.5(4). Emergency rulemaking is necessary to comply with statutory requirement of having rules in place within six months of enactment.
Summary of the rule or change:
The proposed Section R81-1-31 defines the duties of the two commission subcommittees -- the Compliance, Licensing and Enforcement Subcommittee, and the Operations and Procurement Subcommittee.
Emergency rule reason and justification:
Regular rulemaking procedures would place the agency in violation of federal or state law.
Justification: Emergency rulemaking is necessary for the agency to comply with state statute that administrative rules be in place within six months of enactment.
State statutory or constitutional authorization for this rule:
- Section 32B-2-201.5
- Section 32B-1-607
Anticipated cost or savings to:
the state budget:
None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with the new statute.
local governments:
None--This rule filing simply makes the DABC rules consistent with the new statute.
small businesses:
None--This rule filing simply makes the DABC rules consistent with the new statute.
persons other than small businesses, businesses, or local governmental entities:
None--Any cost or savings result directly from S.B 66 (2012), not from this rule filing simply makes the DABC rules consistent with the new statute.
Compliance costs for affected persons:
None--Any cost or savings result directly from S.B 66 (2012), not from this rule filing simply makes the DABC rules consistent with the new statute.
Comments by the department head on the fiscal impact the rule may have on businesses:
None--This rule filing simply makes the DABC rules consistent with the new statute.
Salvador D. Petilos, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Alcoholic Beverage ControlAdministration
1625 S 900 W
SALT LAKE CITY, UT 84104-1630
Direct questions regarding this rule to:
- Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at [email protected]
This rule is effective on:
12/18/2012
Authorized by:
Sal Petilos, Executive Director
RULE TEXT
R81. Alcoholic Beverage Control, Administration.
R81-1. Scope, Definitions, and General Provisions.
R81-1-31. Duties of Commission Subcommittees.
(1) This rule is promulgated pursuant to Section 32B-2-201.5 and shall govern the duties of the two commission subcommittees, Compliance Licensing and Enforcement Subcommittee and the Operations and Procurement Subcommittee .
(2) Duties reserved for the full commission: A ll major decisions, included but not limited to - Granting of licenses and special use permits, establishing state stores and adoption of formal rule making and policy.
(3) The Compliance Licensing and Enforcement Subcommittee will review and d iscuss items related to compliance, licensing and enforcement and make recommendations to the full commission on those items.
(4) The full commission may defer decision making to the subcommittee on all items related to licensing, compliance and enforcement not reserved to the full commission.
(5) The Operations and Procurement Subcommittee will review and d iscuss items related to operations and procurement and make recommendations to the full commission on those items.
(6) The full commission may defer decision making to the subcommittee on all items related to Operations and Procurement not reserved to the commission in section.
(7) A subcommittee quorum is the majority of standing members. Decision by subcommittee requires at least a majority vote of the quorum.
KEY: alcoholic beverages, commission subcommittees
Date of Enactment or Last Substantive Amendment: December 18, 2012
Notice of Continuation: May 10, 2011
Authorizing, and Implemented or Interpreted Law: 32B-2-201(10); 32B-2-202; 32B-3-203(3)(c); 32B-1-305; 32B-1-306; 32B-1-307; 32B-1-607; 32B-1-304(1)(a); 32B-6-702; 32B-6-805(3); 32B-9-204(4); 32B-4-414(1)(b) and (c)
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20130115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at [email protected].