Utah Department of Administrative Services Division of Administrative Rules

Health, Administration

Rule R380-41

Governance Committee Electronic Meetings

Notice of Proposed Rule

(New Rule)

DAR File No.: 36432
Filed: 07/02/2012 02:10:59 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to authorize use of electronic meetings.

Summary of the rule or change:

This rule establishes procedures for conducting electronic meetings.

State statutory or constitutional authorization for this rule:

• Section 52-4-207

Anticipated cost or savings to:

the state budget:

Using electronic meetings should be budget neutral or generate small savings for state participants.

local governments:

Using electronic meetings should be budget neutral or generate small savings for local government participants.

small businesses:

Using electronic meetings has the potential to make it easier and less expensive for the public to participate in these meetings.

persons other than small businesses, businesses, or local governmental entities:

Using electronic meetings has the potential to make it easier and less expensive for the public to participate in these meetings.

Compliance costs for affected persons:

Using electronic meetings has the potential to make it easier and less expensive for the public to participate in these meetings.

Comments by the department head on the fiscal impact the rule may have on businesses:

Using electronic meetings has the potential to make it easier and less expensive for the public to participate in these meetings.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Robert Rolfs at the above address, by phone at 801-538-6111, by FAX at 801-538-6306, or by Internet E-mail at rrolfs@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2012

This rule may become effective on:

08/21/2012

Authorized by:

David Patton, Executive Director

R380. Health, Administration.

R380-41. Governance Committee Electronic Meetings.

R380-41-1. Authority and Purpose.

(1) Utah Code Section 52-4-207 requires a state public body that holds electronic meeting to have a rule governing the use of electronic meetings. This rule establishes procedures for conducting electronic meetings by the Governance Committee.

(2) This rule is authorized by Sections 52-4-207, 63G-3-201 and 26-1-5.

R380-41-2. Definitions.

The definitions found in Section 52-4-103 apply to this rule. In addition, the following definitions apply:

(1) "Committee meeting" means a meeting of the Governance Committee that is required to be public by the provisions of the Open and Public Meetings Act, Utah Code Title 52, Chapter 4.

(2) "Electronic meeting" includes any meeting where at least one member of the Governance Committee participates in the public meeting by telephonic or other electronic means.

(3) "Governance Committee" means the committee established in Section 26-1-4(2).

R380-41-3. Designation of Electronic Meetings.

The person scheduled to preside at the Governance Committee meeting shall schedule any committee meeting as an electronic meeting upon request of any member of the committee.

(1) A member of the Governance Committee may request that the member's participation in the meeting be allowed electronically up to 24 hours prior to the commencement of the meeting.

(2) No vote of the Governance Committee is necessary to include other members of the committee to join the meeting through an electronic connection.

R380-41-4. Anchor Location.

(1) Unless otherwise designated in the posted public notice of the Governance Committee meeting, the anchor location for an electronic meeting held by the Governance Committee is the Cannon Health Building located at 288 North 1460 West, Salt Lake City, Utah.

(2) The person presiding at the meeting may restrict the number of separate connections for members of the committee that are allowed for an electronic meeting based on available equipment capability.

R380-41-5. Quorum, Member Participation.

(1) A quorum is not required to be present at the anchor location.

(2) A member of the committee who participates in the meeting via electronic means shall be counted as present at the meeting for quorum, participation, and voting requirements.

R380-41-6. Public Participation.

(1) Interested persons and the public may attend and monitor the open portions of the meeting at the anchor location.

(2) At the discretion of the person presiding at the committee meeting, interested persons and the public may be allowed to observe the meeting via electronic means. As in any public meeting, the person presiding at the meeting may determine whether comments from the public will be accepted during the electronic meeting.

KEY: electronic meetings

Date of Enactment or Last Substantive Amendment: 2012

Authorizing and Implemented or Interpreted Law: 52-4-207