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 August 1, 2019, please see the codification segue page.

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


R714. Public Safety, Highway Patrol.

Rule R714-550. Rule for Spending Fees Provided under Section 53-1-117.

As in effect on August 1, 2019

Table of Contents

R714-550-1. Purpose.

Pursuant to Section 53-1-117, this rule establishes criteria and procedures for the Utah Department of Public Safety to administer revenues from the "Public Safety Restricted Account" established by Section 53-3-106(1); which accrue from fee income pursuant to Sections 41-6-44.30, 53-3-105(29) and 53-3-106(5). Accordingly, these funds shall be used to:

(a) purchase equipment for law enforcement agencies of the state and its political subdivisions to assist them in enforcing alcohol or drug related driving laws;

(b) train peace officers;

(c) provide peace officer overtime; and

(d) fund the managing of DUI related motor vehicles.

R714-550-2. Authority.

This rule is authorized by Section 53-1-117 which requires the department to make rules establishing criteria and procedures for alcohol or drug enforcement funding.

R714-550-3. Law Enforcement Alcohol and Drug Fee Committee.

This rule establishes the Law Enforcement Alcohol and Drug Fee Committee (committee) which shall be responsible for assisting the department in awarding funds to purchase equipment, train peace officers, fund peace officer overtime, and develop DUI related vehicle management functions to assist in the enforcement of alcohol or drug related driving laws.

R714-550-4. Committee Membership.

(1) The committee shall consist of six members made up of one representative from each of the following groups or organizations:

(a) Utah Highway Patrol Superintendent or designee;

(b) Utah Department of Public Safety, Breath Alcohol Program;

(c) Utah Division of Highway Safety;

(d) Utah Sheriffs Association;

(e) Utah Chiefs of Police Association;

(f) Statewide Association of Prosecutors;

(2) Members of the committee shall:

(a) be approved by the Commissioner of the Utah Department of Public Safety;

(b) be appointed for four year terms; and

(c) cease to be members of the committee immediately upon the termination of their membership in the group or organization they represent.

(3) If a vacancy occurs during the four year term of a committee member, a new member shall be appointed from the same group or organization to complete the term of that member.

(4) The committee shall select a chairman and vice-chairman from among its members.

(5) Four members shall constitute a quorum for committee action.

(6) The department's special counsel shall assist the committee as needed.

R714-550-5. Committee Meetings.

The committee shall meet at least quarterly for the purpose of reviewing and approving applications from law enforcement agencies.

R714-550-6. Applications.

Applications for the funding of equipment, training, peace officer overtime, and DUI related vehicle management functions shall be made on department forms and shall be mailed to the committee in care of the department.

R714-550-7. Criteria and Awards.

The committee shall use the following criteria in approving funding awards:

(a) the effectiveness to which the equipment, training, overtime or DUI related vehicle management funds will be used by the agency seeking to improve enforcment of alcohol or drug related driving laws;

(b) the effectiveness of the equipment, training, overtime or DUI related vehicle management funds in enhancing the agency's ability to prosecute impaired drivers;

(c) indicators of more efficient use of manpower; and

(d) the completeness of the agency's application.

R714-550-8. Agency Accountability.

Law enforcement agencies that receive funding shall:

(a) use the awarded resources only in the manner set forth in the agency's application;

(b) use the awarded resources only to enforce alcohol and drug related driving laws;

(c) maintain records for five years sufficient to show how the funding is used; and

(d) cooperate with the committee if and when the committee determines it is necessary to audit agency records, and evaluate use of the funding.

KEY

drugs, alcohol, fees

Date of Enactment or Last Substantive Amendment

August 24, 2000

Notice of Continuation

June 19, 2017

Authorizing, Implemented, or Interpreted Law

53-1-117


Additional Information

Contact

For questions regarding the content or application of rules under Title R714, please contact the promulgating agency (Public Safety, Highway Patrol). 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.