DAR File No. 42257

Natural Resources, Water Resources

Rule R653-9

Electronic Meetings

Notice of Proposed Rule

(New Rule)

DAR File No.: 42257
Filed: 10/23/2017 12:22:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section 52-4-207 (Open and Public Meetings Act) requires a public body to adopt a resolution, rule, or ordinance in order to hold electronic or telephonic meetings. This new rule will fulfill that requirement.

Summary of the rule or change:

This new rule will detail the parameters and requirements for the Utah Board of Water Resources to hold meetings electronically or telephonically.

Statutory or constitutional authorization for this rule:

• Section 52-4-207

Anticipated cost or savings to:

the state budget:

The state budget will not be affected by this new rule as there is no cost associated with it.

local governments:

Local governments will not be affected by this rule as there is no cost associated with it.

small businesses:

Small businesses will not be affected by this rule as there is no cost associated with it.

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

No persons shall be affected by this rule as there is no cost associated with it.

Compliance costs for affected persons:

No compliance costs.

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

This rule will have no fiscal impact on any business.

Michael Styler, Executive Director

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

Natural Resources
Water ResourcesRoom 310
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Barbara Allen at the above address, by phone at 801-538-72352, by FAX at 801-538-7279, or by Internet E-mail at [email protected]

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:

12/15/2017

This rule may become effective on:

12/22/2017

Authorized by:

Eric Millis, Director

R653. Natural Resources, Water Resources.

R653-9. Electronic Meetings.

R653-9-1. Electronic Meetings.

(1)(a) Utah Code Section 52-4-207 authorizes a public body to convene or conduct an electronic meeting provided written procedures are established for such meetings. This rule establishes procedures for conducting Board of Water Resources (Board) meeting by electronic means.

(b) An electronic meeting is a public meeting convened or conducted by means of a conference using electronic communications.

(2) The following provisions govern any meeting at which one or more Board members appear telephonically or electronically pursuant to Section 52-4-207:

(a) If one or more Board members participate in a public meeting electronically or telephonically, public notices of the meeting shall specify:

(i) the Board members participating in the meeting electronically and how they will be connected to the meeting.

(ii) the anchor location where interested persons and the public may attend, monitor, and participate in the open portions of the meeting;

(iii) the meeting agenda; and

(iv) the date and time of the meeting.

(b) Written or electronic notice of the meeting and the agenda shall be posted or provided no less than 24 hours prior to the meeting:

(i) at the anchor location;

(ii) on the Utah Public Notice website; and

(iii) to at least one newspaper of general circulation within the state or to a local media correspondent.

(c) A request to hold an electronic meeting must be made by a Board member and approved by the chair, or vice chair in the chair's absence.

(d) Notice of the possibility of an electronic meeting shall be given to Board members at least 24 hours before the meeting, and the notice shall describe how a Board member may participate in the meeting electronically or telephonically.

(e) When notice is given of the possibility of a Board member appearing electronically or telephonically, any Board member may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the Board.

(i) At the commencement of the meeting, or at such time as any Board member initially appears electronically or telephonically, the chair shall identify for the record all those who are appearing telephonically or electronically.

(ii) Votes by members of the Board who are not at the physical location of the meeting shall be confirmed by the chair.

(f) The anchor location, unless otherwise designated in the notice, shall be at the Division of Water Resources, Room 314, 1594 West North Temple, Salt Lake City, Utah.

(i) The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected.

(ii) The anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

 

KEY: electronic meetings

Date of Enactment or Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: 52-4-207