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 April 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 April 1, 2019
Table of Contents
- R916-6-1. Purpose.
- R916-6-2. Authority.
- R916-6-3. Definitions.
- R916-6-4. Requirements and Procedures.
- R916-6-5. Penalties.
- R916-6-6. Reasonable Notice and Opportunity to Cure.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
The purpose of this rule is to comply with the provisions of Utah Code Section 63G-6a-1303.
This rule is required by Subsection 63G-6a-1303(4)(b) and is enacted under the authority of Subsection 72-1-201(1)(h).
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.
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.
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.
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.
contracts, drug and alcohol testing, contractors, subcontractors
June 21, 2010
June 22, 2015
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.