NOTICE OF SUBSTANTIVE CHANGE
1. Agency Information
Higher Education (Utah Board of), Administration
Utah Board of Higher Education Building, The Gateway
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R765-803. Institutional Policy Review
B. Purpose of the new rule or reason for the change:
The purpose of this filing is to repeal Rule R765-803.
The Utah Board of Higher Education (Board) repealed Rule R765-803 and replaced it with Rule R765-263 to align with the Board's policy numbering scheme. As the substance of Rule R765-803 can now be found in Rule R765-263, Rule R765-803 is no longer necessary.
C. Summary of the new rule or change:
This filing repeals Rule R765-803 in its entirety based on action taken by the Utah Board of Higher Education, following a determination that this rule is no longer necessary.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The repeal of Rule R765-803 will not have any fiscal impact on the state budget.
Because this rule concerns only the process by which students enrolled in institutions of higher education may petition the Utah Board of Higher Education to review policies which affect their civil liberties, and therefore has no impact on the state budget, the repeal of this rule will likewise have no impact on the state budget.
The repeal of Rule R765-803 will not have any fiscal impact on local governments.
Because this rule concerns only the process by which students enrolled in institutions of higher education may petition the Utah Board of Higher Education to review policies which affect their civil liberties, and therefore has no impact on local governments, the repeal of this rule will likewise have no impact on local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
The repeal of Rule R765-803 will not have any fiscal impact on small businesses.
Because this rule concerns only the process by which students enrolled in institutions of higher education may petition the Utah Board of Higher Education to review policies which affect their civil liberties, and therefore has no impact on small businesses, the repeal of this rule will likewise have no impact on small businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The repeal of Rule R765-803 will not have any fiscal impact on non-small businesses.
Because this rule concerns only the process by which students enrolled in institutions of higher education may petition the Utah Board of Higher Education to review policies which affect their civil liberties, and therefore has no impact on non-small businesses, the repeal of this rule will likewise have no impact on non-small businesses.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
The repeal of Rule R765-803 will not have any fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities.
Because this rule concerns only the process by which students enrolled in institutions of higher education may petition the Utah Board of Higher Education to review policies which affect their civil liberties, and therefore has no impact on persons other than small businesses, non-small businesses, state, or local government entities, the repeal of this rule will likewise have no impact on persons other than small businesses, non-small businesses, state, or local government entities.
F. Compliance costs for affected persons:
The repeal of Rule R765-803 does not impose any compliance costs on affected persons as there is no fiscal impact from the repeal of this rule and there are no costs associated with repealing this rule.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Utah Commissioner of Higher Education, Geoffrey Landward, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Alison Adams, Board Secretary and
R765. Higher Education (Utah Board of), Administration.
[R765-803. Institutional Policy Review. This rule establishes a procedure whereby a student enrolled in a public institution of higher education may petition the Utah Board of Higher Education to review a policy that directly affects the student's enumerated civil liberties, which the student believes the institution adopted without first establishing an administrative rule governing the enumerated civil liberty. This rule is authorized by Subsection 53B-27-303(1). R765-803-3. Review Process. (1) Any students enrolled at a public institution of higher education who believes the institution has adopted a policy that directly impacts one of the the the student's enumerated civil liberties but which is not governed by an existing administrative rule may petition the Utah Board of Higher Education for a review. (2) To file a petition for review, the student shall send a written request that identifies the policy for which a review is requested to: review@ushe.edu. Within 30 days of receiving the complaint, the Office of the Commissioner of Higher Education, on behalf of the Utah Board of Higher Education, shall: (a) review the petition to determine if it is made in good faith; (b) dismiss the petition if it is made in bad faith; (c) determine if the institution has established an administrative rule that adopts or governs the policy; and (d) if the institution lacks a governing administrative rule, direct the institution to initiate rulemaking within 60 days of the decision. KEY: civil liberties, Board of Regents review Date of Last Change: October 19, 2019 Notice of Continuation: August 16, 2024 Authorizing, and Implemented or Interpreted Law: 53B-27-302] !--dar--
