Examiners (Board of), Administration

Rule R320-101

Procedures for Electronic Meetings

Notice of Proposed Rule

(New Rule)

DAR File No.: 35497
Filed: 12/01/2011 10:37:28 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to allow Board members to appear telephonically or electronically.

Summary of the rule or change:

These provisions govern any meeting at which one or more members of the Board of Examiners or one or more applicants or agencies may appear telephonically or electronically pursuant to Section 54-4-207.

State statutory or constitutional authorization for this rule:

• Section 63G-9-205

Anticipated cost or savings to:

the state budget:

There is no impact. The rule simply outlines procedures to be followed at meetings when one or more of the participants attends by some electronic means.

local governments:

There is no impact. The rule simply outlines procedures to be followed at meetings when one or more of the participants attends by some electronic means.

small businesses:

There is no impact. The rule simply outlines procedures to be followed at meetings when one or more of the participants attends by some electronic means.

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

There is no impact. The rule simply outlines procedures to be followed at meetings when one or more of the participants attends by some electronic means.

Compliance costs for affected persons:

There is none. The rule simply outlines procedures to be followed at meetings when one or more of the participants attends by some electronic means.

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

There is no fiscal impact on business. The rule simply outlines procedures to be followed at meetings when one or more of the participants attends by some electronic means.

Auston Johnson, State Auditor

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

Examiners (Board of)
AdministrationRoom E130
Utah State Capitol Complex
Salt Lake City, UT 84114

Direct questions regarding this rule to:

• Maria Fandl at the above address, by phone at 801-538-1361, by FAX at 801-538-1383, or by Internet E-mail at mfandl@utah.gov

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:

01/17/2012

This rule may become effective on:

01/24/2012

Authorized by:

Maria Fandl, Administrative Assistant

R320. Examiners (Board of), Administration.

R320-101. Procedures for Electronic Meetings.

R320-101-1. Procedures for Electronic Meetings.

A. These provisions govern any meeting at which one or more members of the Board of Examiners or one or more applicants or agencies may appear telephonically or electronically pursuant to Utah Code Section 52-4-207.

B. If one or more members of the Board of Examiners or one or more applicants or agencies 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 Board of Examiners 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.

C. Applicants or public agencies are required to personally be in attendance at any Board of Examiner's meeting. However, if there are unique and extraordinary circumstances justifying an applicant or agency appearing electronically, the Chairman of the Board of Examiners may authorize such electronic appearance. Any applicant or agency requesting such permission shall submit a written request to the Chairman setting forth the unique and extraordinary reasons for an electronic appearance at least 10 days prior to the meeting. The Chairman shall rule on the request not later than 24 hours before the meeting when notice of the meeting is posted. If the request is granted, the Chairman shall indicate to the applicant or agency how they may participate in the meeting electronically or telephonically.

D. Notice of the meeting and the agenda shall be posted at the anchor location. Written or electronic notice shall also be provided in accordance with Section 52-4-202(3). These notices shall be provided at least 24 hours before the meetings.

E. Notice of the possibility of an electronic meeting shall be given to the members of those Board of Examiners and applicants or agencies that may be allowed to appear electronically at least 24 hours before the meeting. In addition, the notice shall describe how the members of the Board of Examiners and applicants or agencies authorized to participate electronically may participate in the meeting electronically or telephonically.

F. When notice is given of the possibility of a member of the Board of Examiners appearing electronically or telephonically, any member of the Board of Examiners 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 Board of Examiners. At the commencement of the meeting, or at such time as any member of the Board of Examiners 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 Board of Examiners who are not at the physical location of the meeting shall be confirmed by the Chair.

G. The anchor location shall be designated in the notice. 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 has space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

 

KEY: Board of Examiners, electronic meetings, open meetings, public meetings

Date of Enactment or Last Substantive Amendment: January 24, 2012

Authorizing, and Implemented of Interpreted Law: 52-4-207; 63G-9-205