DAR File No. 39458

Transportation, Operations, Construction

Rule R916-6

Drug and Alcohol Testing in State Construction Contracts

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39458
Filed: 06/22/2015 03:44:30 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:

The Utah Procurement Code at Section 63G-6a-1303 requires the Department of Transportation to make rules that establish penalties that may be imposed on contractors and subcontractors that have entered into public contracts should they fail to establish and maintain a required drug and alcohol testing policy during the period of the state construction contract that applies to the covered individuals hired by the subcontractor, posts in one or more conspicuous places a notice to covered individuals hired by the subcontractor that the subcontractor has the drug and alcohol testing policy, and subjects the covered individuals hired by the subcontractor to random testing under the drug and alcohol testing policy. Rule R916-6 establishes these penalties and satisfies other requirements set forth by Section 63G-6a-1303.

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

The Department has not received any comments related to Rule R916-6 in the past five years.

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

Utah Procurement Code Section 63G-6a-1303 requires the Department of Transportation to make and enforce a rule that does the things set forth in Rule R916-6. This section of the Procurement Code remains in effect as of this date and has not been amended in a way that would allow the Department of Transportation to cause Rule R916-6 to be eliminated from the Administrative Code. Rule R916-6 must continue in effect or the Department of Transportation will be in violation of the Procurement Code.

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

Transportation
Operations, Construction
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov

Effective:

06/22/2015

Authorized by:

Carlos Braceras, Executive Director