As in effect on April 1, 2008
(1) The Utah State Library Division, Department of Community and Culture, State of Utah, hereby adopts this rule in accordance with Sections 63-46a-1 et seq., and 9-7-213, 9-7-215, and 9-7-216 for the purpose of determining public library eligibility to receive state funds.
(2) For a public library that offers public access to the Internet to retain eligibility to receive state funds, the Library Board shall adopt and enforce a Policy that meets the process and content standards defined in 9-7- 216.
In addition to the terms defined in Section 9-7-101, and 9-7-215:
(1) "Minor" means any individual younger than 18 years of age.
(1) Each Library Board shall submit a copy of its Policy to the Director of the State Library Division no later than July 1, 2001, accompanied by a letter signed by the Library Director and Library Board Chair affirming that the Policy was adopted in an open meeting, that notice of the Policy's availability has been posted in a conspicuous place within the library, and that the Policy is intended to meet the provisions of this rule and Sections 9-7- 213 and 9-7-215.
(2) All documents submitted shall be classified as public records in accordance with the Government Records Access and Management Act (Title 63, Chapter 2).
(1) The State Library Division shall review all public library policies received by July 1, 2001, for compliance with this rule.
(2) The Director of the State Library Division shall issue notices of compliance or non-compliance within 30 days following the receipt of the policy. Any library not submitting a policy shall receive a notice of non- compliance.
(3) Appeals to the notice of non-compliance shall be submitted in writing, within 30 days of the date of the notice, to the Executive Director of the Department of Community and Economic Development, who shall respond within 30 days.
(4) A public library receiving a notice of non-compliance shall not be eligible to receive state funds until the condition(s) upon which the notice of non-compliance is based are corrected and a notice of compliance is received.
(5) A public library in compliance shall be eligible to receive state funds in state fiscal year 2002 and subsequent years, as long as a current Policy is resubmitted to the State Library Division no later than July 1, 2004, and every three years thereafter.
(6) A public library otherwise in compliance with the provisions of this rule shall not lose eligibility to receive state funds unless a complaint submitted to the Library Board under its Policy results in a ruling from a court of law that a minor has accessed obscene material expressly due to insufficient enforcement of the Policy by the local library.
libraries, public library, Internet access
September 8, 2004
November 7, 2005
9-7-213; 9-7-215; 9-7-216; 20 U.S.C. Sec. 9101
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For questions regarding the content or application of rules under Title R223, please contact the promulgating agency (Community and Culture, Library). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html.
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