DAR File No. 37873

Natural Resources, Oil, Gas and Mining Board

Section R641-100-600

Electronic Meetings

Notice of Proposed Rule

(Amendment)

DAR File No.: 37873
Filed: 07/31/2013 11:20:03 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new section is to authorize the use of electronic meetings of the Board of Oil, Gas and Mining.

Summary of the rule or change:

This new section establishes procedures for the conduct of electronic meetings by the Board of Oil, Gas and Mining. One or more members of the Board or one or more witnesses may participate electronically in accordance with the procedures.

State statutory or constitutional authorization for this rule:

• Section 52-4-207

Anticipated cost or savings to:

the state budget:

The Board of Oil, Gas and Mining and the Administrative section of the Division of Oil, Gas and Mining will implement this rule. No additional staff or costs are anticipated from this rule.

local governments:

Local governments are normally not a witness on Board hearing matters, so no direct cost or savings are anticipated for local government.

small businesses:

Small businesses will not encounter a cost to participate if they already own an electronic device such as an iPad with a camera and microphone, and they should encounter savings if they do not need to travel to the hearing location for circumstances that prevent attendance. Also, electronic participation is an option and not a requirement for the small business.

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

Persons other than small businesses, businesses, or local government entities are not affected by the implementation cost as the rule is implemented by the Board and the Division. Also, electronic participation is an option and not a requirement of persons.

Compliance costs for affected persons:

Board members are not expected to encounter additional costs to implement this rule. Parties with a witness who may participate electronically will not encounter a cost if they already own an electronic device such as an iPad with a camera and microphone, and should encounter savings if they do not need to travel to the hearing location for circumstances that prevent attendance. Also, electronic participation is an option and not a requirement for witnesses.

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

Oil and gas operators or mining operators are the types of businesses that are normally witnesses in a Board hearing. Since electronic participation by witnesses is an option and not a requirement, no additional costs are required. Business should see a reduction in travel expense when they are able to participate in a hearing electronically.

Michael Styler, Executive Director

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

Natural Resources
Oil, Gas and Mining BoardRoom 1210
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@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:

09/16/2013

Interested persons may attend a public hearing regarding this rule:

• 08/28/2013 09:00 AM, DNR, 1594 W North Temple, Salt Lake City, UT

This rule may become effective on:

09/25/2013

Authorized by:

John Baza, Director

R641. Natural Resources; Oil, Gas and Mining Board.

R641-100. General Provisions.

R641-100-600. Electronic Meetings.

610. This section establishes procedures for conducting Board meetings by electronic means as authorized by Section 52-4-207.

611. Electronic participation under this section shall require both video and audio communication, unless the video component is waived by the Board.

620. The following provisions govern any meeting at which one or more Board members appear electronically:

621. If one or more members of the Board may participate electronically, public notice of the meeting shall so indicate. The notice shall specify the anchor location where the members of the Board not participating electronically will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

622. Notice of the meeting and the agenda shall be posted at the anchor location and the Utah Public Notice Website.

623. Notice of the possibility of an electronic meeting shall be given to the Board members at least 24 hours before the meeting.

624. When notice is given of the possibility of a Board member appearing electronically, any Board member may do so and shall be counted as present for the purposes of a quorum and may fully participate and vote on any matter coming before the Board.

625. At the commencement of the meeting, or at such a time as any Board member initially appears electronically, the chair shall identify for the record all those who are appearing electronically. Votes by members of the Board who are not at the physical location of the meeting shall be confirmed by the chair.

626. The anchor location, unless otherwise designated in the notice, shall be at the offices of the Department of Natural Resources, 1594 West North Temple, Salt Lake City, Utah. The anchor location is the physical location from which the electronic meeting originates or from where the participants are connected. The anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

630. The following provisions govern any Board meeting at which one or more witnesses or a party appears electronically:

631. The Board may for good cause allow a party or its witnesses in a formal proceeding to appear electronically if circumstances prevent attendance of the person at the noticed location, provided a party seeking permission shall provide the Board with a written request at least 48 hours prior to the meeting stating the reasons personal attendance is not possible, and providing evidence that written electronic notice has been provided to the Division, all petitioners, and all parties who have filed a response under R641-105-200.

632. The Board may for good cause allow a party or its witnesses in a formal proceeding, on an exceptional basis, to appear electronically with less than 48 hours notice to the Board and parties, if unforeseen circumstances, including weather, prevent attendance in person at the noticed location.

633. Any party participating electronically shall have an attorney present at the noticed location.

 

KEY: administrative procedures

Date of Enactment or Last Substantive Amendment: [1988]2013

Notice of Continuation: September 18, 2012

Authorizing, and Implemented or Interpreted Law: [40-6-1 et seq.]52-4-207