DAR File No. 40462
This rule was published in the June 15, 2016, issue (Vol. 2016, No. 12) of the Utah State Bulletin.
Governor, Economic Development
Rural Fast Track Program
Notice of Proposed Rule
(Repeal and Reenact)
DAR File No.: 40462
Filed: 06/01/2016 03:47:47 PM
Purpose of the rule or reason for the change:
The reason for the change is because the program has undergone several changes and improvements. This repeal and reenactment reflects those changes.
Summary of the rule or change:
The rule now provides for: 1) new and more clear definitions that the old rule did not contain; 2) content of the application; 3) the application and approval procedure; 4) the containing and verifying of employees when receiving grants for job creation; 5) general requirements and criteria for grants, loans, and other financial assistance pursuant to Subsection 63N-3-104(5); and 6) the verification process and requirements of applicant in that process. The old rule did not contain any of these new additions and contained simply language repeated from statute.
State statutory or constitutional authorization for this rule:
- Section 63N-3-104
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state because this rule impacts funds granted to the agency in a restricted account. There could be unexpected savings to that account due to a more precise qualification criteria.
There are no cost or savings to a local government because they cannot apply for this grant program.
Small businesses that are seeking to participate in this program may incur nominal costs associated with application and compliance requirements. Otherwise, there are no costs or savings to small businesses generally.
persons other than small businesses, businesses, or local governmental entities:
There are no other persons affected by this rule because only small businesses in rural Utah can participate in the grant program.
Compliance costs for affected persons:
The cost are only nominal costs associated with application and compliance requirements.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no fiscal impacts except for nominal costs associated with application and compliance requirements.
Val Hale, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Governor
60 E SOUTH TEMPLE 3RD FLR
SALT LAKE CITY, UT 84111
Direct questions regarding this rule to:
- Jeffrey Van Hulten at the above address, by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Val Hale, Executive Director
R357. Governor, Economic Development.
R357-1. Rural Fast Track Program.
(1) Subsection 63N-3-104 permits the administrator to
make rules governing the following aspects of the Rural Fast
Track Program: (a) the content of the application form; (b) who qualifies as an employee; and (c) the verification procedure.
R357-1-2. Application Form.
(1) An application shall: (a) be required that details company information
including company name, federal tax ID, mailing and street
address, telephone number, company capabilities, project
description, submission requirements, and other information that
is deemed necessary by the Governor's Office of Economic
Development. (b) include financial statements demonstrating
profitability and must accompany the application.
(1) The company must have at least 2 employees who are
paid a salary. Each new incremental job added must be paid a
salary. GOED will verify and use the county average annual wage
based on the most recently published data from the United States
Census Bureau. (a) GOED will verify and use the county population of
30,000 or less based on the most recently published data from the
United States Census Bureau. (2) An application can be made based on job (FTE)
creation in a rural community. (a) Definition of FTE: "FTE" means an
individual full time employee of Applicant's Utah Business
that is a Utah Resident and employed at least 30 hours per week
(excluding lunch) during each week. (b) When counting FTEs, if an FTE has its employment with
Applicant terminated for any reason before completion of the
applicable RFT Disbursement Period, another person otherwise
meeting the requirements described above may be promptly hired
full time to fill the terminated FTE's position and complete
the year of qualifying full-time employment. In such case,
Applicant and the Administrator would count the combined
contribution of these two (2) full time employees as one (1) FTE.
A replacement will need to be hired within 60 days for the
position to remain qualifying for FTE purposes during a given RFT
R357-1-4. Economic Opportunity.
(1) An application can be made based upon a unique
Economic Opportunity in a rural community. (a) Definition of Rural Fast Track Economic Opportunity:
"Economic opportunity" means a unique business
situation or community circumstance which lends itself to the
furtherance of the economic interests of the state and the local
community by providing a catalyst or stimulus to the growth or
retention, or both, of commerce and industry in the
(1) Procedure for verifying FTE and disbursing funds on
post performance basis: (a) Request Letter (i) Claim for credits earned and request for disbursement
of funds on company letterhead. (ii) The request should summarize the number of jobs
claimed multiplied against the incentive dollars per employee and
the total dollar amount requested. (iii) Company tax ID number (iv) Address and addressee for where the check is to be
sent (b) Support Document (i) Summarizes the claim for credits earned by outlining
the types of jobs and number of jobs that meet the minimum
earnings threshold and is usually produced in spreadsheet
form. (ii) A base year document is created at the time of
incentive approval and is used as a template for this summary
document and will be sent to the company by the Administrator.
Document will include requested information about the new jobs
listed and compared against the base number of employees in the
company at the time of the application. (iii) Department of Workforce Services filing of
quarterly unemployment insurance forms covering the disbursement
period. (c) Letter of Compliance (i) A letter verifying the accuracy of the information
supplied to claim the incentive. Completed and signed by company
KEY: economic opportunity, job creation, rural economic development, Rural Fast Track Program
Date of Enactment or Last Substantive
December 28, 2007]
Notice of Continuation: April 13, 2012
Authorizing, and Implemented or Interpreted Law: 63N-3-104
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160615.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Jeffrey Van Hulten at the above address, by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.