Commerce, Administration

Rule R151-1

Department of Commerce General Provisions

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33336
Filed: 01/25/2010 05:25:23 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Article IV, Section 10, of the Utah Constitution requires all officers to take the oath of office before commencing their duties; this includes Commission and Board members and special function officers hired by the Department. Rule R151-1 is the rule promulgated by the Department of Commerce. Section R151-1-1 indicates who may give the oath of office to these officers. Section 52-4-207 in the Open and Public Meetings Act requires state agencies who wish to conduct meetings electronically to promulgate a rule regarding electronic meetings.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments regarding this rule have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

As indicated above, Rule R151-1 enables the Department to give oaths of office to its officers as required by Article IV, Section 10, of the Utah Constitution. The Open and Public Meetings Act requires a rule regarding electronic meetings. Therefore, this rule should be continued.

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

Direct questions regarding this rule to:

• Masuda Medcalf at the above address, by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@utah.gov

Effective:

01/25/2010

Authorized by:

Francine Giani, Executive Director