DAR File No. 40655
This rule was published in the September 1, 2016, issue (Vol. 2016, No. 17) of the Utah State Bulletin.
Science Technology and Research Governing Auth., Administration
Rule R856-1
Formation and Funding of Utah Science Technology and Research Innovation Teams
Notice of Proposed Rule
(Repeal)
DAR File No.: 40655
Filed: 08/10/2016 04:04:11 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
Recent legislation (S.B. 166 from the 2016 General Session) has made the rule inapplicable.
Summary of the rule or change:
This rule is repealed in its entirety due to recent legislation (S.B. 166 (2016)) making it inapplicable.
Statutory or constitutional authorization for this rule:
- Subsection 63M-2-302(h)
Anticipated cost or savings to:
the state budget:
None--The repeal of this rule is a result of S.B. 166 (2016), which made this rule unnecessary. The potential revenue impacts were reviewed as a part of S.B. 166, and the fiscal note attached to that legislation concluded that there was not likely to be a direct, measurable revenue impact.
local governments:
None--The repeal of this rule is a result of S.B. 166 (2016), which made this rule unnecessary. The potential revenue impacts were reviewed as a part of S.B. 166, and the fiscal note attached to that legislation concluded that there was not likely to be a direct, measurable revenue impact.
small businesses:
None--The repeal of this rule is a result of S.B. 166 (2016), which made this rule unnecessary. The potential revenue impacts were reviewed as a part of S.B. 166, and the fiscal note attached to that legislation concluded that there was not likely to be a direct, measurable revenue impact.
persons other than small businesses, businesses, or local governmental entities:
None--The repeal of this rule is a result of S.B. 166 (2016), which made this rule unnecessary. The potential revenue impacts were reviewed as a part of S.B. 166, and the fiscal note attached to that legislation concluded that there was not likely to be a direct, measurable revenue impact.
Compliance costs for affected persons:
None--There are no compliance costs associated with this repeal as it is obsolete and no longer applicable to any persons or entities in its current form.
Comments by the department head on the fiscal impact the rule may have on businesses:
None--The repeal of this rule is a result of S.B. 166 (2016), which made this rule unnecessary. The potential revenue impacts were reviewed as a part of S.B. 166, and the fiscal note attached to that legislation concluded that there was not likely to be a direct, measurable revenue impact.
Ivy Estabrooke, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Science Technology and Research Governing Auth.Administration
60 E NORTH TEMPLE 3RD FLR
SALT LAKE CITY, UT 84111
Direct questions regarding this rule to:
- Koa Perlac at the above address, by phone at 801-538-8622, by FAX at 801-538-8881, or by Internet E-mail at kperlac@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:
10/03/2016
This rule may become effective on:
10/10/2016
Authorized by:
Ivy Estabrooke, Executive Director
RULE TEXT
R856. Science Technology and Research Governing Authority (Utah), Administration.
[R856-1. Formation and Funding of Utah Science Technology and
Research Innovation Teams.
R856-1-1. Authority.
This rule is issued pursuant to Title
63M-2-302(f).
R856-1-2. Scope of Rule.
This rule relates to all funds allocated to Utah Science
Technology and Research innovation teams by the Utah Science
Technology and Research Governing Authority.
R856-1-3. Definitions.
(A) "Capital equipment" means an article of
non-expendable tangible personal property having a useful life of
more than one year and an acquisition cost of $5,000 or more per
unit.
(B) "Core operating support" means telephone
administrative support and equipment, consumables, and other
recurring support of Utah Science Technology and Research
innovation team hire.
(C) "Executive director" means the person
appointed by the governing authority under Section
63M-2-301.
(D) "Governing authority" means the Utah
Science Technology and Research Governing Authority created in
Section 63M-2-301.
(E) "Program budget" means the budget proposed
by each Utah Science Technology and Research innovation team and
approved by the Utah Science Technology and Research Governing
Authority.
(F) "Start-up funds" means Utah Science
Technology and Research money allocated to pay for Utah Science
Technology and Research innovation team hire's recruiting,
moving, capital equipment, laboratory and office space build-out,
and other expenses necessary for Utah Science Technology and
Research project.
(G) "Utah Science Technology and Research
Project" means the buildings and activities described in
Title 63M-2 Part 2, Utah Science Technology and Research
Project.
(H) "Utah Science Technology and Research innovation
team" means the research teams recruited and hired through
the Utah Science Technology and Research initiative to conduct
science and technology research within the framework set forward
by the Utah Science Technology and Research Governing
Authority.
(I) "Utah Science Technology and Research innovation
team hire" means the researchers recruited and hired
directly through the Utah Science Technology and Research
initiative to conduct science and technology research within the
framework set forward by the Utah Science Technology and Research
Governing Authority.
R856-1-4. Initial Allocation of Funds to Utah Science
Technology and Research Innovation Team.
(A) 10% of program money is released for Utah Science
Technology and Research innovation team when initial position is
considered necessary and approved for by the governing
authority.
(1) Total amount of program money is determined by pro
forma program budget approved by the governing
authority.
R856-1-5. Secondary Allocation of Funds to Utah Science
Technology and Research Innovation Team.
(A) The remaining 90% of program money is eligible for
release to Utah Science Technology and Research innovation team
when a memorandum of understanding of first team hire is
presented to the governing authority and the detailed program
budget is deemed to be within the guidelines of the governing
authority.
(B) Utah Science Technology and Research innovation team
hire and the appropriate university representatives such as
department head, dean, provost, or vice president for research
will agree upon and enter into a memorandum of understanding
detailing:
(1) capital equipment and other start-up
requirements;
(2) salary and benefits requirements;
(3) core operating support requirements;
(4) how the expected Utah Science Technology and Research
innovation team will be organized;
(5) Utah Science Technology and Research innovation team
requirements and expectations;
(6) other points important to Utah Science Technology and
Research innovation team hire and university.
R856-1-6. Ongoing Funding for Utah Science Technology and
Research Innovation Team.
(A) Innovation team funding will have non-lapsing status
based on the previous years funding, until:
(1) the governing authority cancels the Utah Science
Technology and Research innovation team; or
(2) the governing authority approves a motion to reduce
innovation team budget; or
(3) program changes are mutually proposed by the
authorized university representative and the executive director
and approved by the governing authority.
R856-1-7. Unused Funds for Utah Science Technology and
Research Innovation Team.
(A) Utah Science Technology and Research innovation team
funds allocated as start-up funds according to memorandum of
understanding will have non-lapsing status between fiscal years
for the first 3 fiscal years based on the date of the memorandum
of understanding.
(1) Start-up funds unused after the first 3 fiscal years
will revert back to the Utah Science Technology and Research
General Fund.
(B) Core operating support and salary and benefit funds
unused by the end of the fiscal year will have a threshold 10%
automatic carry over into the subsequent fiscal year.
(1) Institutions may request carry forward of the unused
funds over the 10% threshold subject to executive director
approval.
KEY: USTAR, technology funding, research funding
Date of Enactment or Last Substantive Amendment: July 31,
2012
Authorizing, and Implemented or Interpreted Law:
63M-2-302(f)]
Additional Information
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/b20160901.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 Koa Perlac at the above address, by phone at 801-538-8622, by FAX at 801-538-8881, or by Internet E-mail at kperlac@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.