Utah Admin. Code 861-1A-45

Current through Bulletin 2024-19, October 1, 2024

Section R861-1A-45 - Procedures for Commission Meetings Not Open to the Public Pursuant to Utah Code Ann. Section 59-1-405

(1) When the commission holds a meeting that is not open to the public pursuant to Section 59-1-405, the commission shall:

(a) follow the procedures set forth in commission rules:

(i)R861-1A-9, Tax Commission as Board of Equalization;

(ii)R861-1A-11, Appeal of Corrective Action;

(iii)R861-1A-20, Time of Appeal;

(iv)R861-1A-22, Petitions for Commencement of Adjudicative Proceedings;

(v)R861-1A-23, Designation of Adjudicative Proceedings;

(vi)R861-1A-24, Formal Adjudicative Proceedings;

(vii)R861-1A-26, Procedures for Formal Adjudicative Proceedings;

(viii)R861-1A-27, Discovery;

(ix)R861-1A-28, Evidence in Adjudicative Proceedings;

(x)R861-1A-29, Decision, Orders, and Reconsideration;

(xi)R861-1A-30, Ex Parte Communications;

(xii)R861-1A-31, Declaratory Orders;

(xiii)R861-1A-32, Mediation Process;

(xiv)R861-1A-33, Settlement Agreements;

(xv)R861-1A-34, Private Letter Rulings;

(xvi)R861-1A-38, Class Actions;

(xvii)R861-1A-40, Waiver of Requirement to Post Security Prior to Judicial Review; and

(xviii)R861-1A-42, Waiver of Penalty and Interest for Reasonable Cause; and

(b) for all meetings other than initial hearings, or the deliberating and issuing of an order relating to adjudicative proceedings, keep confidential written minutes and a confidential recording of the meeting.

(2) Written minutes of a meeting under Subsection (1)(b) shall include:

(a) the date, time, and place of the meeting;

(b) the names of each person present at the meeting;

(c) the substance of all matters proposed, discussed, or decided by the commission, which may include a summary of comments made by the commissioners;

(d) a record, by commissioner, of each vote taken by the commission;

(e) a summary of comments made by a person, other than a commissioner, present at the meeting; and

(f) any other information that is a record of the proceedings of the meeting that any commissioner requests be entered in the minutes or recording.

(3) Recorded minutes of a meeting under Subsection (1)(b) shall be:

(a) properly labeled or identified with the date, time, and place of the meeting; and

(b) a complete and unedited record of the meeting.

Utah Admin. Code R861-1A-45