1. (1) There are times when, due to the necessity of considering matters of an emergency or urgent nature, the public notice provisions of Subsection 52-4-202(1) cannot be met. Pursuant to Subsection 52-4-202(5), the notice requirements in

   Subsection 52-4-202(1) may be set aside when unforeseen circumstances require the Board to meet and consider matters of an emergency or urgent nature.

2. (2) The following procedure shall govern any emergency meeting:

   1. (a) No emergency meeting shall be held unless an attempt has been made to notify each of the members of the Board of the proposed meeting and a majority of the convened members vote in the affirmative to hold the emergency meeting.
   2. (b) In convening the emergency meeting and voting in the affirmative to hold the meeting, the Board shall affirmatively state and find what unforeseen circumstances have made it necessary for the Board to hold an emergency meeting to consider matters of an emergency or urgent nature such that the ordinary public notice provisions of Section 52-4-202 could not be followed.

   3. (c) Public notice of the emergency meeting shall be provided as soon as practicable and shall include the following:

      1. (i) the time and location of the meeting;
      2. (ii) the topics to be considered.
      3. (iii) If members of the Board appear electronically or telephonically; and
      4. (iv) notice shall comply with the requirements of Subsection R58-17-17(2) to the extent practicable.

   4. (d) Public notice of the emergency meeting shall be provided as soon as practicable and considered;

      1. (i) at the offices of the department;
      2. (ii) on the department's web page;
      3. (iii) on the Utah Public Notice Website; and
      4. (iv) at the location where the emergency meeting will be conducted.

KEY: aquaculture

Date of Last Change: March 29, 2023

Notice of Continuation: November 8, 2024

Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503