DAR File No. 39009

Commerce, Administration

Rule R151-1

Department of Commerce General Provisions

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39009
Filed: 12/12/2014 03:13:35 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Utah Constitution Art. IV, Sec. 10, Oath of Office, sets forth the oath that must be taken by appointed board/commission members. This rule requires the oath to be given to board/commission members within the Department of Commerce. Subsection 53-13-101(12) defines the term "sworn" as it relates to a person who is required to take an oath of office, including the Department of Commerce board/commission members. Subsection 13-1-6(1) gives the Department of Commerce general rulemaking authority. Subsection ad-1-2(1)(b) requires the Department of Commerce to execute and administer state laws regulating business activities and occupations affecting the public interest. Board/commission members, who are required to take an oath of office, are key players in executing and administering those laws. Meetings with board/commission members are frequently conducted electronically. Section 52-4-103 sets forth definitions that are related to boards/commissions and their meetings. This rule reflects those definitions. Section 52-4-207 sets forth the requirements that apply generally to electronic meetings. This rule adopts those requirements as being applicable to electronic meeting conducted by the Department of Commerce.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received during and since the last five-year review of the rule from interested persons supporting or opposing the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule sets forth provisions that govern: 1) oaths given to investigators and commission/board members; and 2) electronic meetings. The Department of Commerce continues to administer oaths and to conduct electronic meetings in accordance with the rule. Therefore, the rule is continually in use and requires continuation.

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

Commerce
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at jjonsson@utah.gov

Effective:

12/12/2014

Authorized by:

Francine Giani, Executive Director