File No. 36690
This rule was published in the September 15, 2012, issue (Vol. 2012, No. 18) of the Utah State Bulletin.
Labor Commission, Antidiscrimination and Labor, Antidiscrimination
Nondiscrimination Clause to be used in Contracts Entered into by the State of Utah and its Agencies
Notice of Proposed Rule
DAR File No.: 36690
Filed: 08/24/2012 07:55:46 AM
Purpose of the rule or reason for the change:
The purpose of this filing is to repeal the existing Rule R606-3. The Labor Commission review of this rule has established that it is not authorized by statute and is not necessary.
Summary of the rule or change:
This rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Section 34A-5-104 et seq.
Anticipated cost or savings to:
the state budget:
The repeal of this rule will not result in any additional enforcement costs or savings to the state budget. With respect to compliance costs, repeal of the rule may simplify state contracting processes, thereby resulting in some marginal savings in the cost of administering that process.
Repeal of this rule will not result in any costs to local government. However, repeal of the rule may simplify local government contracting processes, thereby resulting in some marginal savings in the cost of administering that process.
The repeal of this rule will not result in any costs to small businesses. However, repeal of the rule may simplify the process of contracting with government entities, thereby resulting in some marginal savings to small businesses engaging in that process.
persons other than small businesses, businesses, or local governmental entities:
The repeal of this rule will not result in any costs to other persons. However, repeal of the rule may simplify the process of contracting with government entities, thereby resulting in some marginal savings to other persons engaging in that process.
Compliance costs for affected persons:
The repeal of this rule does not impose any new or additional compliance costs on any entity. To the contrary, by simplifying the government contracting process, repeal of this rule will have some slight tendency to reduce the costs of contracting with government entities.
Comments by the department head on the fiscal impact the rule may have on businesses:
As part of Governor Herbert's directive that state agencies review all administrative rules, the Labor Commission has concluded that this rule is not authorized by statute and is not required. Elimination of the rule will eliminate an unnecessary requirement from the government-contracting process and should reduce the cost of that process for all parties.
Sherrie Hayashi, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Labor Commission
Antidiscrimination and Labor, Antidiscrimination
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Alan Hennebold at the above address, by phone at 801-530-6937, by FAX at 801-530-6390, 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:
Sherrie Hayashi, Commissioner
R606. Labor Commission, Antidiscrimination and Labor, Antidiscrimination.
R606-3. Nondiscrimination Clause to be used in Contracts
Entered into by the State of Utah and its Agencies.
R606-3-1. Authority. This rule is established pursuant to Section
R606-3-2. Procedures and Prohibitions. A. In order to comply with the provisions of the Utah
Antidiscrimination Act relating to prohibited employment
practices, a contractor must do the following:
1. The contractor will not discriminate against any
employee or applicant for employment because of race, color, sex,
age, religion, national origin, or disability.
2. In all solicitations or advertisements for employees,
the contractor will state that all qualified applicants will
receive consideration without regard to race, color, sex, age,
religion, national origin, or disability.
3. The contractor will send to each labor union or
workers' representative notices stating the contractor's
responsibilities under the Act.
4. The contractor will furnish such information and
reports as requested by the Division for the purpose of
determining compliance with the Act.
5. The contractor will include the provisions of
subsections 1-4 above in every subcontract or purchase order so
that such provisions will be binding upon each subcontractor or
vendor unless exempted by law.
B. Failure of the contractor to comply with the Act or
the rules shall be deemed a breach of contract and the contract
may be canceled, terminated, or suspended in whole or in
KEY: discrimination, contractors, construction contracts
Date of Enactment or Last Substantive Amendment: 1990
Notice of Continuation: May 28, 2010
Authorizing, and Implemented or Interpreted Law: 34A-5-104
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/2012/b20120915.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 Alan Hennebold at the above address, by phone at 801-530-6937, by FAX at 801-530-6390, or by Internet E-mail at firstname.lastname@example.org.