DAR File No. 42262

Judicial Performance Evaluation Commission, Administration

Rule R597-5

Electronic Meetings

Notice of Proposed Rule

(New Rule)

DAR File No.: 42262
Filed: 10/25/2017 09:25:02 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means.

Summary of the rule or change:

This rule establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means.

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 to the state budget. This rule simply establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means.

local governments:

There are no anticipated costs or savings to local governments. This rule simply establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means.

small businesses:

There are no anticipated costs or savings to small businesses. This rule simply establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government. This rule simply establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons. The rule establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means.

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

There are no fiscal impacts that this rule may have on businesses. This rule simply establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means.

John Ashton, Chair

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

Judicial Performance Evaluation Commission
Administration
Room B-330 SENATE BUILDING
420 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Jennifer Yim at the above address, by phone at 801-538-1652, 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:

12/15/2017

This rule may become effective on:

12/22/2017

Authorized by:

John Ashton, Chair

R597. Judicial Performance Evaluation Commission, Administration.

R597-5. Electronic Meetings.

R597-5-1. Authority and Purpose.

(1) This rule is authorized by Section 52-4-207(2)(a) which requires any public body that convenes or conducts an electronic meeting to adopt a rule governing the use of electronic meetings.

(2) The purpose of this rule is to establish procedures for the public bodies created in Title 63M, Chapter 7 and Title 77, Chapter 32 to hold open meetings by electronic means.

 

R597-5-2. Procedures.

(1) The following provisions govern any meeting at which one or more commissioners appear telephonically or electronically pursuant to Utah Code Section 52-4-207:

(a) If one or more members of the commission may participate electronically or telephonically, public notices of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members of the commission not participating electronically or telephonically will be meeting 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. Written or electronic notice shall also be provided to at least one newspaper of general circulation within the state and to a local media correspondent. These notices shall be provided at least 24 hours before the meetings.

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

(d) When notice is given of the possibility of a commissioner appearing electronically or telephonically, any commissioner may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the commission. At the commencement of the meeting, or at such time as any commissioner initially appears electronically or telephonically, the chair shall identify for the record all those who are appearing telephonically or electronically. Votes by members of the commission who are not at the physical location of the meeting shall be confirmed by the chair.

(e) The anchor location, unless otherwise designated in the notice, shall be at the Commission on Criminal and Juvenile Justice, located in the Utah State Capitol Complex, in suite 330 of the Senate Building, Salt Lake City, Utah. The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected. In addition, 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.

 

KEY: electronic meetings, procedures

Date of Enactment or Last Substantive Amendment: 2017

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