Health, Administration

Rule R380-42

Open and Public Meetings Act Electronic Meetings

Notice of Proposed Rule

(New Rule)

DAR File No.: 36843
Filed: 09/20/2012 01:28:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to authorize use of electronic meetings.

Summary of the rule or change:

This rule establishes procedures for conducting electronic meetings.

State statutory or constitutional authorization for this rule:

• Section 52-4-207

Anticipated cost or savings to:

the state budget:

Using electronic meetings should be budget neutral or generate small savings for state participants.

local governments:

Using electronic meetings should be budget neutral or generate small savings for local government participants.

small businesses:

Using electronic meetings has the potential to make it easier and less expensive for the public to participate in these meetings.

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

Using electronic meetings has the potential to make it easier and less expensive for the public to participate in these meetings.

Compliance costs for affected persons:

Using electronic meetings has the potential to make it easier and less expensive for the public to participate in these meetings.

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

Using electronic meetings has the potential to make it easier and less expensive for the public to participate in these meetings.

David Patton, PhD, Executive Director

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

Health
Administration
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Doug Springmeyer at the above address, by phone at 801-538-6971, by FAX at 801-538-6306, or by Internet E-mail at dspringm@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:

12/03/2012

This rule may become effective on:

12/10/2012

Authorized by:

David Patton, Executive Director

R380. Health, Administration.

R380-42. Open and Public Meetings Act Electronic Meetings.

R380-42-1. Authority and Purpose.

(1) Utah Code Section 52-4-207 requires a state public body that holds electronic meetings to have a rule governing the use of electronic meetings. This rule establishes procedures for conducting electronic meetings by each public body created by statute within Utah Code, Title 26 or by Department rule, except for any public body that has adopted its own rule.

(2) A public body with rule making authority may adopt a separate rule governing its electronic meetings.

(3) This rule is authorized by Sections 52-4-207, 63G-3-201 and 26-1-5.

 

R380-42-2. Definitions.

The definitions found in Section 52-4-103 apply to this rule. In addition, the following definitions apply:

(1) "Meeting" means a meeting of the public body that is required to be public by the provisions of the Open and Public Meetings Act, Utah Code Title 52, Chapter 4.

(2) "Electronic meeting" includes any meeting where at least one member of the public body participates in the public meeting by telephonic or other electronic means.

(3) "Presiding officer" means the member of the public body designated by statute, rule, or vote of the public body to preside at a meeting of the public body.

(4) "Business day" means a day that the Department is open to the public for the conduct of business, exclusive of weekends and state holidays.

 

R380-42-3. Designation of Electronic Meetings.

(1) The presiding officer may schedule any meeting as an electronic meeting upon the presiding officer's discretion or upon request of any member of the public body.

(a) A member of the public body may request that the member's participation in the meeting be allowed electronically up to 48 hours, but no less than two business days, prior to the commencement of the meeting. The presiding officer may refuse a member's request to hold a meeting electronically.

(b) If the Department cannot technically arrange for the meeting to be held electronically, the presiding officer's decision to allow electronic participation the Department may deny the request.

(c) The presiding officer or the Department may restrict the number of connections for members to participate in the meeting based on available equipment capability.

(d) If budget constraints do not allow the Department to provide an electronic connection at no charge to the member, the member who chooses to participate electronically may be required to do so at his or her own cost.

(2) No vote of the public body is necessary to include other members of the public body to join the meeting through an electronic connection.

 

R380-42-4. Anchor Location.

(1) Unless otherwise designated in the posted public notice of the meeting, the anchor location for an electronic meeting held by the public body is the Cannon Health Building located at 288 North 1460 West, Salt Lake City, Utah.

(2) The person presiding at the meeting may restrict the number of separate connections for members of the public body that are allowed for an electronic meeting based on available equipment capability.

(3) The Department shall provide a meeting room for an anchor location for any meeting that is held electronically.

 

R380-42-5. Quorum, Member Participation.

(1) A quorum is not required to be present at the anchor location.

(2) A member of the public body who participates in the meeting via electronic means shall be counted as present at the meeting for quorum, participation, and voting requirements.

 

R380-42-6. Public Participation.

Interested persons and the public may attend and monitor the open portions of the meeting at the anchor location.

 

KEY: electronic meetings, open and public meetings

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 52-4-207