DAR File No. 37611

Alcoholic Beverage Control, Administration

Section R81-1-31

Duties of the Commission Subcommittees

Notice of 120-Day (Emergency) Rule

DAR File No.: 37611
Filed: 05/13/2013 11:17:49 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to implement S.B. 66 passed by the Legislature in the 2012 General Session. S.B. 66 created commission subcommittees with duties to be defined by rule, Subsection 32B-2-201.5(4). An emergency rule was filed in February 2013 and the formal rulemaking process was initiated. The previous rule did not address action item when a quorum of the full commission (four members) is present at subcommittee meetings. This rule clarifies that if there are at least four members of the commission present at a subcommittee meeting, the subcommittee make take action on agenda items.

Summary of the rule or change:

The proposed Section R81-1-31 defines the duties of the two commission subcommittees -- Compliance, Licensing and Enforcement Subcommittee and the Operations and Procurement Subcommittee.

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: Emergency rulemaking is necessary for the agency to comply with state statute that administrative rules be in place within six months of enactment. S.B. 66 was passed in the 2012 General Session, creating two commission subcommittees. An emergency rule was filed on 02/15/2013 and the formal rulemaking process was initiated. However, the commission decided not to adopt the rule as proposed and a change in proposed rule has now been filed. This emergency rule is being filed to ensure that a rule remains in place as we engage in the formal rulemaking process.

State statutory or constitutional authorization for this rule:

• Section 32B-2-201.5
• Section 32B-1-607

Anticipated cost or savings to:

the state budget:

None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with state statute.

local governments:

None--This rule filing simply makes the DABC rules consistent with state statute.

small businesses:

None--This rule filing simply makes the DABC rules consistent with state statute.

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

None--This rule filing simply makes the DABC rules consistent with state statute.

Compliance costs for affected persons:

None--This rule filing simply makes the DABC rules consistent with state statute.

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

None--This rule filing simply makes the DABC rules consistent with state statute.

Salvador D. Petilos, Executive Director

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

Alcoholic Beverage Control
Administration
1625 S 900 W
SALT LAKE CITY, UT 84104-1630

Direct questions regarding this rule to:

• Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov

This rule is effective on:

05/13/2013

Authorized by:

Sal Petilos, Executive Director

R81. Alcoholic Beverage Control, Administration.

R81-1. Scope, Definitions, and General Provisions.

R81-1-31. Duties of Commission Subcommittees.

(1) This rule is promulgated pursuant to Section 32B-2 201.5 and shall govern the duties of the two commission subcommittees, Compliance Licensing and Enforcement Subcommittee and the Operations and Procurement Subcommittee .

(2) The Compliance Licensing and Enforcement Subcommittee will review and d iscuss items related to compliance, licensing and enforcement and make recommendations to the full commission on those items.

(3) The Operations and Procurement Subcommittee will review and d iscuss items related to operations and procurement and make recommendations to the full commission on those items.

(4) If a quorum of the full commission is present, the subcommittee may act on all agenda action items.

(5) If a quorum of the full commission is not present, a recommendation on action items can be presented to a quorum of the commission for action without discussion if:

(a) A quorum of the subcommittee is present;

(b) There is a unanimous vote on the recommendation; and

(c) A member of the full commission does not request discussion on the items of recommendation.

(6) A subcommittee quorum is the majority of standing members.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: May 13, 2013

Notice of Continuation: May 10, 2011

Authorizing, and Implemented or Interpreted Law: 32B-2-201(10); 32B-2-202; 32B-3-203(3)(c); 32B-1-305; 32B-1-306; 32B-1-307; 32B-1-607; 32B-1-304(1)(a); 32B-6-702; 32B-6-805(3); 32B-9-204(4); 32B-4-414(1)(b) and (c)