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The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (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 December 1, 2009, please see the codification segue page.

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Rule R765-254. Secure Area Hearing Rooms.

As in effect on December 1, 2009

Table of Contents

R765-254-1. Purpose.

To provide guidelines for the establishment of institutional policy and standards for secure areas associated with hearing rooms on the campuses of the System.

R765-254-2. References.

2.1. Utah Code Section 53B-2-106 (Duties and Responsibilities of the President).

2.2. Utah Code Section 53B-3-103 (Power of the Board to Adopt Rules and Enact Regulations).

2.3. Utah Code Section 76-8-311.1 (Secure Areas -- Items Prohibited -- Penalty).

2.4. Utah Code Title 76, Chapter 8, Part 7 (Criminal Offenses Against Colleges and Universities).

2.5. Utah Code Section 76-10-306 (Explosive, Chemical, or Incendiary Device and Parts -- Definitions -- Persons Exempted -- Penalties).

2.6. Utah Code Section 76-10-523.5 (Compliance with Rules for Secure Areas).

2.7. Policy and Procedures R120, Bylaws of the State Board of Regents; Section 3.3.3.1. (Responsibility of Presidents).

2.8. Policy and Procedures R253, Campus Discipline.

R765-254-3. Policy.

3.1. Secure Area Associated with a Hearing Room - A USHE institution may establish a secure area to protect a hearing room as prescribed in Utah Code Section 76-8-311.1 and prohibit or control in that area any firearm, ammunition, dangerous weapon, or explosive. Only one area at each institution shall be designated a secure area for the purpose of a hearing room at any given time.

3.2. Size of Secure Area - A secure area associated with a hearing room shall be as large as warranted by the number of individuals involved in the hearing.

3.3. Duration of Secure Area Designation - The restriction of firearms, ammunition, dangerous weapons, or explosives in the secure area associated with a hearing room shall be in effect only during the time the secure area hearing room is in use for hearings and for a reasonable time before and after its use.

3.4. Notice to Invitees - An individual required or requested to attend a hearing in a secure area hearing room shall be notified in writing of the requirements related to entering a secured area associated with a hearing room under this rule and Utah Code Section 76-8-311.1.

3.5. Notice at Each Entrance - At least one notice shall be prominently displayed at each entrance to the secure area associated with a hearing room in which a firearm, ammunition, dangerous weapon, or explosive is restricted.

3.6. Secure Weapons Storage - Provisions shall be made to provide a secure weapons storage area so that persons entering the secure area may store their weapons prior to entering the secure area. The institution shall be responsible for weapons while they are stored in the storage area.

3.7. Reasonable Means to Detect Violations - Reasonable means such as mechanical, electronic, x-ray, or similar devices may be used to detect firearms, ammunition, dangerous weapons, or explosives contained in the personal property of or on the person of any individual attempting to enter a secure area associated with a hearing room.

3.8. Criminal Penalties - Any person who knowingly or intentionally transports into a secure area of an institution any firearm, ammunition, or dangerous weapon is guilty of a third degree felony. Any person violates Utah Code Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any explosive in a secure area of an institution.

3.9. Institutional Enforcement - As provided in Utah Code Section 53B-3-103(3), an institution may enforce these policies by the assessment of fines, the imposition of probation, suspension, or expulsion from the institution, the revocation of privileges, the refusal to issue certificates, degrees, and diplomas, through judicial process, or by any reasonable combination of these alternatives.

3.10. Compliance with Rules a Defense - It is a defense to any prosecution under Utah Code Section 76-8-311.1 and these rules that the accused, in committing the act made criminal by that section, acted in conformity with the Board's and institution's rules or policies established pursuant to that section.

KEY

secure area hearing rooms

Date of Enactment or Last Substantive Amendment

May 29, 2003

Notice of Continuation

May 27, 2008

Authorizing, Implemented, or Interpreted Law

76-8-311.1

Rule converted into HTML by the Division of Administrative Rules.

For questions regarding the content or application of rules under Title R765, please contact the promulgating agency (Regents (Board of), 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.

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.

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