File No. 34855
This rule was published in the June 15, 2011, issue (Vol. 2011, No. 12) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 34855
Filed: 05/19/2011 04:23:34 PM
Purpose of the rule or reason for the change:
The department is filing this rule change pursuant to the business impact review. The primary impact of the repeal of the department's contract procedures rule will be to reduce regulation on the private sector. As the department reviewed its rules, it found most other state agencies do not have a rule governing their contract processes. The state contract process is primarily governed by the Division of Purchasing. Any requirements needed by the department, in terms of contracting, are achieved within the terms and scope of the contract agreement. The contract terms and scope are agreed to by both parties to the contract. This rule is not necessary to enforce these terms.
Summary of the rule or change:
The state contract process if primarily governed by the Division of Purchasing. Any requirements needed by the department, in terms of contracting, are achieved within the terms and scope of the contract agreement. The contract terms and scope are agreed to by both parties to the contract. Therefore, this rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Section 64-13-25
Anticipated cost or savings to:
the state budget:
There are no costs or savings to the state budget. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.
There are no costs or savings to local government. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.
There are no costs or savings to small businesses. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.
persons other than small businesses, businesses, or local governmental entities:
There are no costs or savings to other persons. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.
Compliance costs for affected persons:
There are no compliance costs for affected persons. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.
Comments by the department head on the fiscal impact the rule may have on businesses:
The impact of the repeal of this rule, if any, will be less regulation of the private sector. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.
Thomas Patterson, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Corrections
14717 S MINUTEMAN DR
DRAPER, UT 84020-9549
Direct questions regarding this rule to:
- Michael Haddon at the above address, by phone at 801-545-5913, by FAX at 801-545-5726, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Thomas Patterson, Executive Director
R251. Corrections, Administration.
R251-304. Contract Procedures.
R251-304-1. Authority and Purpose. (1) This rule is authorized by Section 64-13-25.
(2) The purpose of this rule is to establish minimum
standards for the organization and operation of correctional
contracting, to promote accountability, and to ensure a safe and
professional operation of correctional programs.
R251-304-2. Definitions. (1) "Contract" means any state agreement for
the procurement or disposal of supplies, services, or
(2) "Contractor" means any person or
organization contracting with the Department to provide goods or
(3) "Department" means the Utah State
Department of Corrections (UDC).
(4) "Executive Director" means the executive
director of the Department of Corrections/designee.
R251-304-3. Policy. It is the policy of the Department that:
(1) contractors shall provide all services due under a
contract as an independent contractor;
(2) contractors shall have no actual or implied authority
to bind the State of Utah, any of its political subdivisions, or
the Department of Corrections to any agreement, settlement, or
(3) no provision of a contract shall be construed to
bring contractors or their officers, agents, employees,
volunteers, or subcontractors (if any) within the coverage of the
Utah Governmental Immunity Act, Title 63, Section 30;
(4) all contractors' officers, employees,
subcontractors, agents, or volunteers providing services shall be
appropriately licensed and as may be necessary by the type of
services provided, successfully complete a training session
offered by UDC prior to contract implementation;
(5) contractors shall allow authorized UDC personnel full
access to contract-related records with or without notice during
contractors' regular business hours;
(6) contractors shall indemnify, hold harmless, and
release the State of Utah and its officers, agents, and employees
from and against all losses, damages, injuries, lawsuits and
other proceedings arising out of the breach of, or performance
under, the contract by contractors and their officers, agents,
employees, subcontractors, and volunteers;
(7) all contracts shall be monitored throughout the
contract period and reviewed at least annually;
(8) contracts may be terminated by the Department or the
contractor with or without cause;
(9) contractors shall comply with all state and local
regulatory requirements, including the following:
(a) zoning ordinances,
(b) building codes,
(c) applicable health codes,
(d) life and safety codes,
(e) professional licenses,
(f) business licenses, or
(g) other applicable federal, state, and local
(10) UDC shall have the right to deny contractors, their
agents, employees, and volunteers, or the agents, employees, and
volunteers of their subcontractors, if any, access to premises
controlled, held, leased, or occupied by UDC, if, in the sole
judgment of UDC, such personnel pose a threat to UDC's
legitimate security interests;
(11) prior to signing the contract, contractors shall
disclose to UDC the names and state job titles of any of their
agents, officers, partners, volunteers, or employees who are also
employees of the State of Utah;
(12) UDC reserves the right to reject contractors'
use of any person who, in the opinion of the Department,
represents a threat to legitimate departmental
(13) at the time the contract is awarded, contractors
shall provide UDC names and birth dates of employees for a
criminal records check, and other information requested,
including social security numbers of all contractors'
officers, employees, agents, and volunteers who will be providing
services under contracts; and, during the contract period,
contractors shall provide the same information to UDC on their
new officers, employees, agents, and volunteers;
(14) contractors and UDC shall allow members of the
general public to inspect Department contracts during regular
(15) public inquiries to contractors regarding specific
offenders shall be referred to UDC; and
(16) decisions to terminate contracts may be appealed by
contractors to the Executive Director of the Department of
Corrections; the Director of Purchasing; or the District Court of
the State of Utah.
KEY: corrections, contracts
Date of Enactment or Last Substantive Amendment: May 20,
Notice of Continuation: February 5, 2008
Authorizing, and Implemented or Interpreted Law:
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/2011/b20110615.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 Michael Haddon at the above address, by phone at 801-545-5913, by FAX at 801-545-5726, or by Internet E-mail at firstname.lastname@example.org.