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.


R916. Transportation, Operations, Construction.

Rule R916-6. Drug and Alcohol Testing in State Construction Contracts.

As in effect on August 1, 2019

Table of Contents

R916-6-1. Purpose.

The purpose of this rule is to comply with the provisions of Utah Code Section 63G-6a-1303.

R916-6-2. Authority.

This rule is required by Subsection 63G-6a-1303(4)(b) and is enacted under the authority of Subsection 72-1-201(1)(h).

R916-6-3. Definitions.

Except as otherwise provided in this rule, the terms used are defined in Subsection 63G-6a-1303(1), and "Department" means the Utah Department of Transportation.

R916-6-4. Requirements and Procedures.

A contractor or subcontractor shall demonstrate compliance with the requirements of Section 63G-6a-1303 by certifying in the contract documents that the contractor or subcontractor has and will maintain a drug and alcohol testing policy that meets all the requirements of Section 63G-6a-1303 during the period of the state construction contract.

R916-6-5. Penalties.

A contractor or subcontractor's failure to comply with the provisions of Section 63G-6a-1303 will be considered a breach of the terms of the contract and the Department may pursue all remedies and impose all penalties allowed by law, including but not limited to suspension and debarment.

R916-6-6. Reasonable Notice and Opportunity to Cure.

The Department shall give reasonable notice and an opportunity to cure a violation of Section 63G-6a-1303 before suspension or debarment of the contractor or subcontractor under R916-6-5.

KEY

contracts, drug and alcohol testing, contractors, subcontractors

Date of Enactment or Last Substantive Amendment

June 21, 2010

Notice of Continuation

June 22, 2015

Authorizing, Implemented, or Interpreted Law

63G-6-604, 72-1-201


Additional Information

Contact

For questions regarding the content or application of rules under Title R916, please contact the promulgating agency (Transportation, Operations, Construction). 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.