Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R320. Examiners (Board of), Administration.

Rule R320-101. Procedures for Electronic Meetings.

As in effect on October 1, 2019

Table of Contents

R320-101-1. Procedures for Electronic Meetings.

A. These provisions govern any meeting at which one or more members of the Board of Examiners or one or more applicants or agencies may appear telephonically or electronically pursuant to Utah Code Section 52-4-207.

B. If one or more members of the Board of Examiners or one or more applicants or agencies may participate electronically or telephonically, public notices of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members of the Board of Examiners not participating electronically or telephonically will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

C. Applicants or public agencies are required to personally be in attendance at any Board of Examiner's meeting. However, if there are unique and extraordinary circumstances justifying an applicant or agency appearing electronically, the Chairman of the Board of Examiners may authorize such electronic appearance. Any applicant or agency requesting such permission shall submit a written request to the Chairman setting forth the unique and extraordinary reasons for an electronic appearance at least 10 days prior to the meeting. The Chairman shall rule on the request not later than 24 hours before the meeting when notice of the meeting is posted. If the request is granted, the Chairman shall indicate to the applicant or agency how they may participate in the meeting electronically or telephonically.

D. Notice of the meeting and the agenda shall be posted at the anchor location. Written or electronic notice shall also be provided in accordance with Section 52-4-202(3). These notices shall be provided at least 24 hours before the meetings.

E. Notice of the possibility of an electronic meeting shall be given to the members of those Board of Examiners and applicants or agencies that may be allowed to appear electronically at least 24 hours before the meeting. In addition, the notice shall describe how the members of the Board of Examiners and applicants or agencies authorized to participate electronically may participate in the meeting electronically or telephonically.

F. When notice is given of the possibility of a member of the Board of Examiners appearing electronically or telephonically, any member of the Board of Examiners 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 of Examiners. At the commencement of the meeting, or at such time as any member of the Board of Examiners initially appears electronically or telephonically, the Chair shall identify for the record all those who are appearing telephonically or electronically. Votes by members of the Board of Examiners who are not at the physical location of the meeting shall be confirmed by the Chair.

G. The anchor location shall be designated in the notice. The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected. In addition, the anchor location has space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

KEY

Board of Examiners, electronic meetings, open meetings, public meetings

Date of Enactment or Last Substantive Amendment

February 10, 2012

Notice of Continuation

February 7, 2017

Authorizing, Implemented, or Interpreted Law

52-4-207; 63G-9-205


Additional Information

Contact

For questions regarding the content or application of rules under Title R320, please contact the promulgating agency (Examiners (Board of), Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.