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.


R895. Technology Services, Administration.

Rule R895-14. Access to Information Technology for Users with Disabilities.

As in effect on October 1, 2019

Table of Contents

R895-14-1. Purpose and Authority.

Each state agency shall develop, procure, maintain, and use accessible electronic information and Information Technology (IT) acquired on or after June 1, 2015, that conforms to the applicable provisions set forth by s. 508 of the Rehabilitation Act of 1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194, and the voluntary guidelines reflected W3C Web Content Accessibility Guidelines (WCAG) Version 2.0.

Information Technology accessibility ensures that people with and without disabilities can access the same information, perform the same tasks, and receive the same services using information technology. It is the digital equivalent to accessibility in the physical environment. While IT accessibility can provide usability benefits to everyone who uses IT, accessibility is vital to many people with disabilities. This rule is established under the authority of Sections 63F-1-102; 63F-1-205; and 63F-1-206 as amended, and 63F-1-210 as enacted.

(1) Undue Burden to Agencies.

If compliance with this rule causes an undue burden to agencies; agencies may propose an alternative method of access that allows users with disabilities to use information and data. The alternative method must be submitted to the CIO in writing, and the CIO must approve.

(2) Accessibility Testing Protocols.

The Department of Technology Services provides guidelines for accessibility testing and revises them on a regular schedule for use by State Agencies. Current testing protocols measure accessibility against United States Public Access Board Guidelines of 2015, including Section 508 of the Rehabilitation Act of 1973 as amended, and W3C Web Content Accessibility Guidelines (WCAG) Version 2.0.

R895-14-2. Scope of Application.

This rule is applicable to all State of Utah Executive Branch Agencies that are under the jurisdiction of the State CIO per Title 63F, The Utah Technology Governance Act.

(1) Exceptions.

Agencies excepted include only those agencies specifically excluded by statute in Title 63F, The Utah Technology Governance Act as amended.

(2) Conditions.

The intent of this rule is to provide a best effort approach to accessibility that ensures that people with and without disabilities can access the same information, perform the same tasks, and receive the same services using information technology.

(3) Limitations.

This rule does not apply to information technology deployed prior to June 1, 2015.

R895-14-3. Accessibility Criteria for Agency Websites.

Agency websites created after adoption of this rule will conform at minimum to W3C Web Content Accessibility Guidelines (WCAG) Version 2.0. Testing will reflect compliance based upon no errors at then current DTS accessibility guideline recommendations.

(1) Incorporations by Reference.

W3C Web Content Accessibility Guidelines (WCAG) Version 2.0 is incorporated by reference as published at http://www.w3.org/TR/WCAG20.

(2) Agency Discretion.

Agency websites for public and internal use shall comply with accessibility guidelines irrespective of then current audience accessibility needs.

(3) Vendor Accessibility Certification.

Vendors developing new websites or applications for agencies are required to meet accessibility guidelines subject to this rule. The contractor must correct new websites that do not meet accessibility guidelines without cost to the agency.

R895-14-4. Accessibility Criteria for Hardware and Software.

Hardware and software products acquired after June 1, 2015 shall comply with W3C Guidance on Applying WCAG 2.0 to Non-Web Information and Communications Technologies (WCAG2ICT), which is incorporated by reference. These guidelines are published at http://www.w3.org/TR/wcag2ict.

(1) Agency Discretion.

Agency hardware and software procurements shall comply with accessibility guidelines irrespective of then current known user accessibility needs, or the agency must provide individuals with disabilities with an alternative method of access that allows the individual to use the hardware and software.

(2) Vendor Accessibility Certification.

Vendors proposing IT products and services for use by the State of Utah shall provide Voluntary Product Accessibility Template (VPAT) documents. (A VPAT is a document provided by a vendor documenting compliance with Section 508.) Vendors will also meet accessibility requirements included in State of Utah Standard Terms and Conditions for IT contracts.

R895-14-5. Accessibility for Existing Legacy Information Systems used by Executive Branch Agencies.

Agencies shall ensure that plans are developed to address IT accessibility issues once identified in existing systems, subject to available funding. Corrective actions in project plans, procurement of more accessible IT, and providing alternate means of access to the IT product or service are examples of possible remediation. Such changes are voluntary and are not mandated by this rule.

(1) Agency Discretion.

Agencies will make reasonable efforts to comply with accessibility guidelines for legacy information systems and at minimum, must provide individuals with disabilities with an alternative method of access that allows the individual to use the hardware and software associated with the legacy information system.

R895-14-6. Grievance Reporting Procedures.

The Department of Technology Services shall provide accessible forms for reporting accessibility issues that can be accessed in the standard Utah.gov Website footer used by agency Websites. In addition, a contact number is provided on agency Websites to report accessibility issues.

(1) Responding to Accessibility Violations.

DTS shall respond to accessibility violation reports within 30 working days with suggestions for remediation and possible timelines as appropriate.

KEY

accessibility guidelines, information technology for users with disabilities, web accessibility

Date of Enactment or Last Substantive Amendment

August 7, 2015

Authorizing, Implemented, or Interpreted Law

63F-1-206; 63F-1-210


Additional Information

Contact

For questions regarding the content or application of rules under Title R895, please contact the promulgating agency (Technology Services, 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.