DAR File No. 38333

Heritage and Arts, History

Rule R455-15

Procedures for Emergency Meetings

Notice of Proposed Rule

(New Rule)

DAR File No.: 38333
Filed: 03/06/2014 10:25:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Board of State History recognizes that there may be times when, due to the necessity of considering matters of an emergency or urgent nature, the public notice provisions of Section 52-4-202 cannot be met. Pursuant to Subsection 52-4-202(5), under such circumstances those notice requirements need not be followed but rather the "best notice practicable" shall be given.

Summary of the rule or change:

These provisions govern any emergency meetings of the Board of State History, pursuant to Section 52-4-202.

State statutory or constitutional authorization for this rule:

• Section 52-4-202

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. This rule simply establishes emergency meeting procedures for the Board of State History.

local governments:

There is no anticipated cost or savings for local government agencies. This rule simply establishes emergency meeting procedures for the Board of State History.

small businesses:

There is no anticipated cost or savings for small businesses. This rule simply establishes emergency meeting procedures for the Board of State History.

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

There is no anticipated cost savings for persons other than small businesses, or local government entities. This rule simply establishes emergency meeting procedures for the Board of State History.

Compliance costs for affected persons:

There are no costs associated with compliance to this rule. This rule simply establishes emergency meeting procedures for the Board of State History.

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

I have reviewed this rule and there is no fiscal impact on businesses.

Julie Fisher, Executive Director

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

Heritage and Arts
History
300 RIO GRANDE ST
SALT LAKE CITY, UT 84101-1182

Direct questions regarding this rule to:

• Alycia Aldrich at the above address, by phone at 801-533-3556, by FAX at 801-533-3567, or by Internet E-mail at aaldrich@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:

05/01/2014

This rule may become effective on:

05/08/2014

Authorized by:

Julie Fisher, Executive Director

R455. Heritage and Arts, History.

R455-15. Procedures for Emergency Meetings.

R455-15-1. Purpose.

The Board of State History recognizes that there may be times when, due to the necessity of considering matters of an emergency or urgent nature, the public notice provisions of Utah Code Sections 52-4-202 cannot be met. Pursuant to Utah Code Section 52-4-202(5), under such circumstances those notice requirements need not be followed but rather the "best notice practicable" shall be given.

 

R455-15-2. Authority.

This rule is enacted under the authority of Utah Code 52-4-202(5).

 

R455-15-3. Procedure.

The following procedure shall govern any emergency meeting:

A. No emergency meeting shall be held unless an attempt has been made to notify all of the members of the Board of State History of the proposed meeting and a majority of the convened Board of State History votes in the affirmative to hold such an emergency meeting.

B. Public notice of the emergency meeting shall be provided as soon as practicable and shall include at a minimum the following:

(i) Written posting of the agenda and notice at the offices of the auditor;

(ii) If members of the Board of State History may appear electronically or telephonically:

C. All such notices shall specify the anchor location for the meeting at which interested persons and members of the public may attend, monitor, and participate in the open portions of the meeting;

D. Notice to the members of the Board of State History shall advise how they may participate telephonically or electronically and be counted as present for all purposes, including the determination of a quorum.

E. Written, electronic or telephonic notice shall be provided to at least one newspaper of general circulation within the state and at least one local media correspondent.

F. If one or more members of the Board of State History appear electronically or telephonically, the procedures governing electronic meetings shall be followed, except for the notice requirements which shall be governed by these provisions.

G. In convening the meeting and voting in the affirmative to hold such an emergency meeting, the Board of State History shall affirmatively state and find what unforeseen circumstances have rendered it necessary for the Board to hold an emergency meeting to consider matters of an emergency or urgent nature such that the ordinary public notice of meetings provisions of Utah Code Section 52-4-202.

 

KEY: administrative procedures

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, and Implemented or Interpreted Law: 52-4-202