Labor Commission, Antidiscrimination and Labor, Antidiscrimination

Rule R606-3

Nondiscrimination Clause to be used in Contracts Entered into by the State of Utah and its Agencies

Notice of Proposed Rule

(Repeal)

DAR File No.: 36690
Filed: 08/24/2012 07:55:46 AM

RULE ANALYSIS

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This rule is repealed in its entirety.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.

local governments:

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.

small businesses:

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 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:

10/15/2012

This rule may become effective on:

10/22/2012

Authorized by:

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 34A-5-104.

 

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 part.

 

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 et seq.]