DAR File No. 40148

Crime Victim Reparations, Administration

Rule R270-5

Electronic Meetings

Notice of Proposed Rule

(New Rule)

DAR File No.: 40148
Filed: 01/20/2016 08:13:36 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to adopt a rule governing the use of electronic meetings. Rule R270-5 establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means.

Summary of the rule or change:

This rule establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means.

State statutory or constitutional authorization for this rule:

• Section 52-4-207

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings that are expected to the state budget. This rule simply establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means.

local governments:

There are no anticipated costs or savings that are expected to the local government. This rule simply establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means.

small businesses:

There are no anticipated costs or savings that are expected to small businesses. This rule simply establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means, which is not applicable to small businesses.

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

There are no anticipated costs or savings that are expected to the persons other than small businesses, businesses, or local government entities. This rule simply establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means and does not affect said persons.

Compliance costs for affected persons:

There are no anticipated compliance costs for the affected persons. This rule simply establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means.

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

There are no anticipated fiscal impacts that this rule may have on businesses. Businesses are not affected by the procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means.

Ron Gordon, Executive Director

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

Crime Victim Reparations
AdministrationRoom 200
350 E 500 S
SALT LAKE CITY, UT 84111-3347

Direct questions regarding this rule to:

• Gary Scheller at the above address, by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at [email protected]
• Nicole Alder at the above address, by phone at 801-538-3240, by FAX at , 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:

03/16/2016

This rule may become effective on:

03/23/2016

Authorized by:

Gary Scheller, Director

R270. Crime Victim Reparations, Administration.

R270-5. Electronic Meetings.

R270-5-1. Authorization and Purpose.

(1) Purpose. Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to adopt a rule governing the use of electronic meetings. This Rule R270-5 establishes procedures for conducting Crime Victim Reparations and Assistance Board (hereinafter "Board") meetings by electronic means.

(2) Procedure. The following provisions govern any meeting at which one or more Board members appear electronically pursuant to Section 52-4-207:

(a) If one or more members of the Board desire to participate electronically, such member(s) shall contact the Director of the Crime Victim Reparations and Assistance Board (hereinafter " Director"). The Director shall assess the practicality of facility requirements needed to conduct the meeting electronically in a manner that allows for the attendance, participation and monitoring as required by this Rule. If it is practical, the Presiding Officer or Director shall determine whether to allow for such electronic participation, and the public notice of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members of the Board not participating electronically will be present and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Notice of the meeting and the agenda shall be posted at the anchor location and be provided in accordance with the Open and Public Meetings Act. The anchor location is the physical location where the electronic meeting originates or where the participants are connected. The anchor location shall be identified in the public notice for the meeting. Unless otherwise designated in the notice, the anchor location shall be a room in the Utah Office for Victms of Crime office located at 350 East 500 South, Salt Lake City, Utah where the Board would normally meet if the Board was not holding an electronic meeting.

(c) Notice of the possibility of an electronic meeting shall be given to the Board members at least 24 hours before the meeting. In addition, the notice shall describe how a Board member may participate in the meeting electronically.

(d) When notice is given of the possibility of a Board member participating electronically, any Board member may do so and any voting Board member, whether at the anchor location or participating electronically, shall be counted as present for purposes of a quorum and may fully participate and vote. At the commencement of the meeting, or at such time as any Board member initially appears electronically, the Presiding Officer shall identify for the record all those who are participating electronically. Votes by members of the Board who are not at the anchor location of the meeting shall be confirmed by the Presiding Officer.

(e) The anchor location will have space and facilities so that interested persons and the public may attend, monitor and participate in the open portions of the meeting, as appropriate.

 

KEY: electronic meetings, procedures

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 52-4-207