DAR File No. 37117

Public Safety, Homeland Security

Rule R704-2

Statewide Mutual Aid Act Activation

Notice of Proposed Rule

(New Rule)

DAR File No.: 37117
Filed: 12/20/2012 11:01:57 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to outline a process for jurisdictions that are acting as agents of the state to use in mobilizing or demobilizing available assets in response to an intrastate or interstate disaster as provided in Title 53, Chapter 2, Part 2, Emergency Management Assistance Compact.

Summary of the rule or change:

This rule outlines procedures to be followed in the event that the Statewide Mutual Aid Act is activated. Specifically, this rule outlines procedures related to requests for disaster assistance in a state of emergency, agent of the state deployment, providing mutual aid, pre-mobilization of resources, mobilization of resources, demobilization of resources, mutual aid reimbursement, waiver of reimbursement, and reimbursable expenses.

State statutory or constitutional authorization for this rule:

• Subsection 53-2-506(1)(b)

Anticipated cost or savings to:

the state budget:

This is a procedural rule that outlines processes to follow in the event that the Statewide Mutual Aid Act is activated. As such, there is no anticipated costs or savings to the state budget.

local governments:

This is a procedural rule that outlines processes to follow in the event that the Statewide Mutual Aid Act is activated. As such, there is no anticipated costs or savings to local government.

small businesses:

This is a procedural rule that outlines processes to follow in the event that the Statewide Mutual Aid Act is activated. As such, there is no anticipated costs or savings to small businesses.

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

This is a procedural rule that outlines processes to follow in the event that the Statewide Mutual Aid Act is activated. As such, there is no anticipated costs or savings to persons other than small businesses, businesses or local government entities.

Compliance costs for affected persons:

There are no compliance costs for affected persons. This rule strictly outlines procedures to be followed in the event that the Statewide Mutual Aid Act is activated.

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

There is no anticipated fiscal impact on businesses associated with this rule. This is a procedural rule that outlines processes associated with Statewide Mutual Aid Act activation.

Lance Davenport, Commissioner

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

Public Safety
Homeland Security
Room 1110 STATE OFFICE BUILDING
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Jerrianne Kolby at the above address, by phone at 801-209-7513, by FAX at , 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:

02/14/2013

This rule may become effective on:

02/21/2013

Authorized by:

Keith Squires, Deputy Commissioner

R704. Public Safety, Homeland Security.

R704-2. Statewide Mutual Aid Act Activation.

R704-2-1. Purpose.

The purpose of this rule is to outline a process for jurisdictions that are acting as agents of the state to use in mobilizing or demobilizing available assets in response to an intrastate or interstate disaster as provided in Title 53, Chapter 2, Part 2, Emergency Management Assistance Compact.

 

R704-2-2. Authority.

This rule is authorized by Section 53-2-506(1)(b).

 

R704-2-3. Definitions.

(1) Terms used in this rule are defined in Section 53-2-502.

(2) "Jurisdiction" means political subdivision as defined in Section 53-2-502 (5); (9); and (10).

(3) In addition to the terms defined in Section 53-2-502:

(a) "agent of the state" means any person designated to represent the state;

(b) "authorized representative" means an officer or employee from a participating jurisdiction empowered to request, offer, or provide assistance on behalf of the chief executive officer;

(c) "division" means the Utah Division of Emergency Management;

(d) "EMAC" means Emergency Management Assistance Compact, Utah Code Ann. 53-2-201 to 202;

(e) "EMAC coordinator" means a designated division representative functioning as the coordinator of all Emergency Management Assistance Compact activities and actions between the states;

(f) "emergency manager" means a person designated by a jurisdiction to oversee preparedness, emergency response, mitigation, and recover for its community;

(g) "Form 100," SMAA Checklist for Requesting and Checklist for Responding, is a checklist provided to assist the jurisdictions in procedures to follow when enacting statewide mutual aid under the Act;

(h) "Form 101," SMAA Mission Request Form, is a form used to request resources;

(i) "Form 102A," Agent of the State of Utah - EMAC Agreement, is a document that outlines liability, benefits, and financial responsibilities in deployment to another state;

(j) "Form 102B," Agent of the State of Utah - SMAA Agreement, is a document that outlines liability, benefits, and financial responsibilities within the state;

(k) "Form 103," SMAA Pre-deployment Checklist for Personnel, is a document to list steps in preparation for deployment;

(l) "Form 104," SMAA Mobilization Sheet, is a document that outlines the steps and processes needed at the time of deployment;

(m) "Form 105," SMAA Personnel Location, is a tracking tool used to locate deployed personnel who are serving an SMAA mission assignment;

(n) "Form 106," SMAA Resource Availability Log, is a log that identifies available resources offered by supporting agencies in response to an event;

(o) "Form 107," SMAA Resource Tracking Form, is a tracking tool used to identify and locate resources being utilized under an SMAA mission;

(p) "Form 109," SMAA Demobilization/Return of Assets Guidelines, provides guidelines for the responding jurisdictions to use in tracking assets used in an incident or event;

(q) "Form 110," SMAA Intergovernmental Reimbursement Form, is a form that a jurisdiction uses to request reimbursement from the requesting jurisdiction;

(r) "Form 111," SMAA After Action/Corrective Action Report Survey, is a form that summarizes and analyzes performance in both exercise and actual events, and may also evaluate achievement of the selected exercise objectives and demonstration of the overall capabilities being exercised ;

(s) "Form 112," SMAA Demobilization Checklist, is a document that outlines the steps to follow in preparing to leave the mission;

(t) "Form 113," SMAA Activation Agreement, is a document that shows the intent to activate the SMAA;

(u) "ICS Form 221," Demobilization Checklist, is a FEMA form for tracking resources as they are released from deployment and return to their responding jurisdiction;

(v) "local to local" means assistance between county/city jurisdictions to another county/city jurisdiction that may not utilize coordination from the state;

(w) "mission number" means a number assigned that identifies a mission;

(x) "SMAA" means Statewide Mutual Aid Act, Utah Code Ann. 53-2-501 to 510;

(y) "SMAA coordinator" means a designated Division representative functioning as the coordinator of all Statewide Mutual Aid Act activities and actions between the participating jurisdictions;

(z) "state EOC" means the State of Utah Emergency Operations Center facility operated by the division which assists state agencies and jurisdictions in coordinating information and resources when local emergency response and recovery resources require supplementation; and

(aa) "state EOC manager" means a person designated to manage the State Emergency Operation Center.

 

R704-2-4. Requests for Disaster Assistance in a State of Emergency.

(1) When seeking to utilize the statewide mutual aid system for an emergency or disaster event, the chief executive officer or emergency manager of the requesting jurisdiction shall contact the division director or deputy director after they have made a written or oral declaration of emergency. If an oral declaration is provided, it should be followed up with a written declaration within 24 hours.

(a) The chief executive officer or designee of the requesting jurisdiction shall submit Form 100 to the division director within 24 hours of seeking assistance from the system for state resources or to receive assistance coordinating local to local assistance.

(2) Upon request by the requesting jurisdiction, the SMAA coordinator or state EOC manager shall coordinate services and resources for the emergency or disaster event and shall:

(a) assign a mission number;

(b) post information on WebEOC; and

(c) seek needed equipment and personnel from a participating jurisdiction.

(3) Once a responding jurisdiction that is available to render aid has been identified, the participating jurisdictions shall sign Form 113.

(a) If urgency dictates, the requesting jurisdiction and the responding jurisdiction may enter into a verbal agreement, but the agreement must be put in writing and signed by both jurisdictions no later than 48 hours after the verbal agreement.

(b) If unanticipated circumstances arise during the emergency or disaster event, the requesting and responding jurisdictions may amend or supplement Form 101.

(c) Any amendments or supplements to Form 101 shall be acknowledged by the participating jurisdictions with authorizing signatures.

 

R704-2-5. Agent of the State.

(1) At the request of the division, a jurisdiction may agree to provide the skills and expertise of their personnel to be deployed as an agent of the state for the purpose of rendering aid to a requesting jurisdiction whether it is in state or out of the state. The division will only provide logistics support to the agent of the state.

(a) The governing authority of the employee serving as an agent of the state shall sign Form 102A or Form 102B with the division in response to an intrastate/interstate disaster.

(b) The responding jurisdiction employee shall be entitled to the same salary and benefits to which they would otherwise be entitled to and shall remain an employee of the responding jurisdiction for all other purposes except that the supervision of their duties during the period of assignment may be governed by agreement between the responding jurisdiction and the requesting jurisdiction.

(c) The division assumes no responsibility for the responding jurisdiction's employee other than the coordination of their travel arrangements, lodging, and per diem expenses.

(d) Upon completion of the mission, the agent of the state will turn Form 110 in to the division. The division will then reimburse the responding jurisdiction from the receipt of reimbursement from the requesting jurisdiction for the eligible expenses incurred by the agent of the state.

 

R704-2-6. Procedures for Providing Mutual Aid.

(1) When providing assistance pursuant to the SMAA, the requesting jurisdiction shall control and supervise the personnel, equipment, and resources of any responding jurisdiction.

(a) The requesting jurisdiction shall advise supervisory personnel of the responding jurisdiction concerning assignments or mission tasks.

(b) While providing mutual aid, the incident commander of the requesting jurisdiction shall:

(i) maintain daily personnel time records, material records, and a log of equipment hours;

(ii) oversee the operation, control, and maintenance of the equipment and other resources furnished by the responding jurisdiction;

(iii) report work progress to the responding jurisdiction.

(c) The responding jurisdiction will notify the requesting jurisdiction if the requested resources are donated or loaned.

(d) The responding jurisdiction may recall its personnel subject to providing a minimum of 24 hours advance notice of intent to withdraw personnel or resources from the requesting jurisdiction, unless circumstances make 24 hours advance notice unreasonable.

(2) The responding jurisdiction may release personnel or resources for SMAA assistance after it has determined that its remaining resources are adequate to support its own normal operations;

(a) The requesting jurisdiction shall be responsible for providing food and housing for the personnel from the responding jurisdiction, beginning with the time of arrival at the designated location and until departure, unless otherwise indicated in Form 101.

(b) The requesting jurisdiction may request personnel who are self-sustaining, but must specify what resources it is able to provide to the responding jurisdiction.

(3) The requesting jurisdiction is responsible for coordinating communication between its own personnel and the personnel of the responding jurisdiction.

(a) The responding jurisdiction shall furnish equipment to communicate among its respective operating units.

(4) Each participating jurisdiction shall maintain its own equipment in safe and operational condition.

(5) The division shall receive and maintain an inventory of the state and local services, equipment, supplies, personnel, and other resources related to participation in Title 53, Chapter 2 Part 5, Statewide Mutual Aid Act.

 

R704-2-7. Pre-Mobilization of Resources.

(1) The requesting jurisdiction shall submit Form 101 to the division. The required information includes:

(a) type of resources requested; and

(b) quantity of resources requested.

(2) The responding jurisdiction will confirm the following incident information:

(a) name of incident;

(b) location of incident;

(c) date and time the incident was declared; and

(d) current time of deployment of resources requested.

(3) A situational briefing and Form 103 shall be given to responding personnel by the SMAA coordinator or state EOC manager if the request came through the SMAA or EOC channel.

(a) Travel information shall be provided by the SMAA coordinator or state EOC manager.

(4) A requesting jurisdiction shall first use local agency resources prior to requesting resources through SMAA.

(5) The requesting jurisdiction shall specify a location for a staging area and assign a person to ensure the resources are ready to be released.

(a) If the requested resources are for equipment, the responding jurisdiction shall confirm its readiness to be deployed.

(6) The responding jurisdiction shall perform a communications check with all assigned communications equipment, prior to departure, to ensure compatibility with the requesting jurisdiction.

 

R704-2-8. Mobilization of Resources.

(1) Deployed personnel and resources from a responding jurisdiction will notify the local point of contact for both the requesting jurisdiction, and the responding jurisdiction, of their arrival. The notification will occur at the point of assignment or staging area, and the deployed personnel will then obtain a mission briefing. The division shall use Form 104 for each deployment of resources.

(2) The requesting jurisdiction will notify the responding jurisdiction if there is a change in assignments or locations for the requested resources.

(3) The division will track deployed personnel by using Form 105.

(a) The division will track deployed resources and available resources for the SMAA through Form 106 and Form 107.

 

R704-2-9. Demobilization of Resources.

(1) The requesting jurisdiction will be responsible for demobilization.

(a) After termination of the mission time, the requesting jurisdiction will release resources and return those resources to the responding jurisdiction according to the terms of Form 104, unless the circumstances of the incident make compliance with the terms impracticable or impossible.

(b) The requesting jurisdiction will debrief all personnel assigned to the incident prior to departure. The debriefing will include:

(i) confirmation of personnel's travel arrangements;

(ii) review of personnel's responsibilities for demobilization; and

(iii) use of ICS Form 221.

(2) Equipment issued to personnel from a responding jurisdiction shall be returned, and all documentation will be completed and submitted as required in Form 109.

(3) Personnel and the responding jurisdiction will notify the requesting jurisdiction of the safe arrival of the deployed resources upon returning to their home station.

(4) The responding jurisdiction's returning employee will complete and submit Form 111 to the division for all SMAA deployments.

 

R704-2-10. Reimbursement Procedures for Rendering Mutual Aid.

(1) A responding jurisdiction that seeks reimbursement shall provide notice to the requesting jurisdiction within 30 days of the termination of statewide mutual aid assistance.

(a) The notice of intent should include the following:

(i) Form 110;

(ii) a brief summary of the services provided by the responding jurisdiction; and

(iii) contact information for the designated person or financial representative responsible for the request.

(b) The responding jurisdiction must use the assigned mission number when seeking reimbursement from a requesting jurisdiction.

(c) In addition to the notice of intent to seek reimbursement, the responding jurisdiction shall provide the requesting jurisdiction and the SMAA coordinator if the state was involved, with a copy of all documents related to deployment and reimbursement including:

(i) Form 101and any amendments or supplements;

(ii) the requesting jurisdiction's acknowledgement of the responding jurisdiction's notice of intent to seek reimbursement;

(iii) any notices of dispute; and

(iv) any payments made by the requesting jurisdiction in response to the responding jurisdiction's request.

(2) The requesting jurisdiction shall acknowledge receipt, in writing, of the notice of intent to seek reimbursement from the responding jurisdiction.

(3) The SMAA coordinator shall record all documents related to deployment and reimbursement from the requesting jurisdiction.

(a) The SMAA coordinator shall coordinate with both jurisdictions to encourage and facilitate proper reimbursement, if needed.

(b) The SMAA coordinator may provide reminder notices in anticipation of due dates including the notifications required under Subsections (3) and (4).

(c) The division may designate a financial representative to monitor and provide guidance to participating jurisdictions concerning reimbursement.

(4) When the notification requirements of Subsection (3) have been met, the responding jurisdiction may submit a request for reimbursement to the requesting jurisdiction within 60 days of the termination of statewide mutual aid assistance.

(a) The request for reimbursement shall include a cover letter that summarizes the assistance provided under Form 101.

(b) The request for reimbursement shall also include the following:

(i) a copy of Form 112 with authorizing signatures;

(ii) a comprehensive invoice listing resources provided with the total cost; and

(iii) supporting documentation including copies of individual invoices, travel claims, vouchers, and other similar items.

(c) The request for reimbursement shall also include a copy of any amendments or supplements to the original Form 101and accompanied by the itemized costs and respective supporting documents.

(5) The requesting jurisdiction shall reimburse the responding jurisdiction no later than 30 days from the date of receiving the notice under Subsection (1) unless:

(a) either jurisdiction provides written notice to the other jurisdiction that disputes the reimbursement costs, or alleges noncompliance with the applicable procedures and criteria; or

(b) the jurisdictions agree to an extension for reimbursement.

(6) Disputes regarding reimbursement shall first be addressed between the responding jurisdictions and requesting jurisdiction within 30 days after either party provides notice of the dispute.

(a) The jurisdiction shall make a reasonable effort to resolve the dispute during the 30 day period.

(7) If a dispute cannot be resolved by the jurisdiction within 90 days after the notice of dispute, either party may submit the dispute to the Statewide Mutual Aid Act Committee.

(a) Requests to the committee must be made no later than 30 days after the end of 90-day period described in Subsection (7).

(b) The requesting jurisdiction shall submit Form 110, a concise narrative explaining the dispute, and the documents listed in Subsections (4)(a) through (c).

(c) The requesting and responding jurisdictions may submit other supporting evidence that is relevant to the dispute.

(d) The committee has 30 days to schedule the matter for a hearing.

(e) The committee chairperson shall select a quorum of seven committee members to participate in the hearing.

(f) Hearings are designated as informal adjudications pursuant to Utah Code Ann. §63G-4-202.

(g) The committee, by majority vote, shall issue a final written decision within 30 days of the hearing that includes findings of fact and its reasons for its decision.

 

R704-2-11. Waiver of Reimbursement.

(1) A responding jurisdiction may waive, in writing, any rights to reimbursement under Sections 53-2-507 and 53-2-508.

(2) Waiver of any reimbursable right shall specify each item waived in order to provide notice to the requesting jurisdiction and the SMAA coordinator, if applicable.

(3) Waiver of any reimbursable right shall be delivered to the requesting jurisdiction with a copy delivered to the SMAA coordinator, if applicable, no later than 90 days after the termination of statewide mutual aid assistance.

 

R704-2-12. Reimbursable Expenses.

(1) The requesting jurisdiction shall reimburse the responding jurisdiction for costs related to deployment pursuant to Form 101.

(a) In order to be eligible for reimbursement, all costs must be documented and sufficiently detailed in Form 101.

(b) A jurisdiction that fails to submit all required reimbursement forms by due dates listed in this rule forfeits its right to reimbursement.

(2) Unless otherwise specified in Form 101, the responding jurisdiction shall continue to pay its employees according to ordinances, rules, and regulations at the time of the event.

(a) The requesting jurisdiction shall reimburse the responding jurisdiction for agreed upon costs and expenses incurred during the event.

(3) The requesting jurisdiction shall reimburse the responding jurisdiction for use, damage, or loss of any equipment that the responding jurisdiction provided during the event, exercise, or drill.

(a) If practicable and at the request of the responding jurisdiction, the requesting jurisdiction may provide fuels, miscellaneous supplies, and minor repairs.

(4) Unless damage is caused by gross negligence, bad faith, or willful misconduct by the responding jurisdiction, the requesting jurisdiction shall reimburse the responding jurisdiction for all materials and supplies exhausted or damaged during the event.

(a) The parties may agree that the requesting jurisdiction may replace equipment, materials, and supplies with like, kind, and quality as determined by the responding jurisdiction.

 

KEY: Statewide Mutual Aid Act, agent of the state

Date of Enactment or Last Substantive Amendment: 2013

Authorizing, and Implemented or Interpreted Law: 53-2-506(1)(b)