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:
R765-135. Legal Services for Utah System of Higher Education Degree-Granting Institutions
B. Purpose of the new rule or reason for the change:
This new administrative rule, R765-135, outlines the appointment, scope of authority, systemwide coordination, and funding of legal counsel at degree-granting institutions in the Utah System of Higher Education (USHE).
Rule R765-135 also outlines the responsibilities of the presidents of degree-granting institution presidents related to legal services.
Rule R765-135 also provides requirements for USHE institutions to comply with SB 240 (passed in the 2026 General Session).
C. Summary of the new rule or change:
This new administrative rule provides procedures for the provision of legal services for USHE degree-granting institutions.
New Rule R765-135 is being enacted to comply with SB 240 (2026) and Section 53H-3-405.
Rule R765-135 outlines how legal counsel at USHE institutions are appointed, as well as the scope of their authority.
The rule also contains provisions related to USHE-wide coordination of legal services, the funding of legal services at degree-granting institutions, and the responsibilities of presidents of degree-granting USHE institution presidents as they relate to institutional legal counsel.
4. Legislative Action Information
A. Are any changes in this filing
because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and
session:
SB 240 (2026 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This rule will not have any fiscal impact on the state budget.
There is no fiscal impact on the state budget because this new rule provides procedures related to the appointment, scope of authority, systemwide coordination, and funding of legal counsel at degree-granting institutions in the USHE, as well as related responsibilities of institutional presidents.
This rule does not make any changes or impose any requirements that would create either any cost to or savings for the state budget. While Rule R765-135 complies with SB 240 (2026), the possible costs outlined in that bill's fiscal note do not relate to or affect any of the provisions in Rule R765-135.
This rule will not have any fiscal impact on local governments.
There is no fiscal impact on local governments because this new rule provides procedures related to the appointment, scope of authority, systemwide coordination, and funding of legal counsel at degree-granting institutions in the USHE, as well as related responsibilities of institutional presidents.
This rule does not make any changes or impose any requirements that would create either any cost to or savings for local governments. Rule R765-135 complies with SB 240 (2026) and the fiscal note for SB 240 (2026) states that enactment of that bill would likely not result in direct, measurable costs for local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
This rule will not have any fiscal impact on small businesses.
There is no fiscal impact on small businesses because this new rule provides procedures related to the appointment, scope of authority, systemwide coordination, and funding of legal counsel at degree-granting institutions in the USHE, as well as related responsibilities of institutional presidents.
This rule does not make any changes or impose any requirements that would create either any cost to or savings for small businesses. Rule R765-135 complies with SB 240 (2026) and the fiscal note for SB 240 (2026) states that enactment of that bill would likely not result in direct, measurable costs for individuals and businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
This rule will not have any fiscal impact on non-small businesses.
There is no fiscal impact on non-small businesses because this new rule provides procedures related to the appointment, scope of authority, systemwide coordination, and funding of legal counsel at degree-granting institutions in the USHE, as well as related responsibilities of institutional presidents.
This rule does not make any changes or impose any requirements that would create either any cost to or savings for non-small businesses. Rule R765-135 complies with SB 240 (2026), and the fiscal note for SB 240 (2026) states that enactment would likely not result in direct, measurable costs for individuals and 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):
This rule will not have any fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities.
There is no fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities because this new rule provides procedures related to the appointment, scope of authority, systemwide coordination, and funding of legal counsel at degree-granting institutions in the USHE, as well as related responsibilities of institutional presidents.
This rule does not make any changes or impose any requirements that would create either any cost to or savings for persons other than small businesses, non-small businesses, state, or local government entities. Rule R765-135 complies with SB 240 (2026), and the fiscal note for SB 240 (2026) states that enactment would likely not result in direct, measurable costs for individuals and businesses.
F. Compliance costs for affected persons:
This rule does not impose any compliance costs for affected persons because this rule provides procedures related to the appointment, scope of authority, systemwide coordination, and funding of legal counsel at degree-granting institutions in the USHE, as well as related responsibilities of institutional presidents.
While Rule R765-135 complies with SB 240 (2026), the possible costs outlined in that bill's fiscal note do not relate to or affect any of the provisions in Rule R765-135.
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 Commissioner of Utah 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:
B. Summary of reasonable alternatives or modifications:
The Utah Board of Higher Education does not expect that the implementation of new Rule R765-135 will have a measurable negative impact on family health, stability, or formation, and as such, no alternatives or modifications are necessary.
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
Agency head or
designee and title:
Alison Adams, Board Secretary and
Designee
R765. Higher Education (Utah Board of), Administration.
R765-135. Legal Services for Utah System of Higher Education Degree-Granting Institutions. This rule outlines the appointment, scope of authority, systemwide coordination, and funding of legal counsel at Utah System of Higher Education (USHE) degree-granting institutions. It also outlines a degree-granting institution president's responsibilities related to legal services. This rule is authorized by Section 53H-3-405. (1) "Legal counsel" means an attorney hired as an employee of a USHE degree-granting institution to provide legal services. For purposes of this rule, "legal counsel" does not include an Assistant Attorney General. (2) "Formal legal opinion" means an official opinion issued by the Attorney General that interprets federal or state statutes, regulations, or rules. R765-135-4. Appointment of Legal Counsel. The president of a degree-granting USHE institution may appoint one or more legal counsel. Legal counsel shall provide legal advice to the institution's Board of Trustees, president, administration, and other representatives of the institution, and coordinate legal affairs within the institution as authorized under Sections R765-135-4 through R765-135-7. R765-135-5. Legal Counsel Scope of Authority. (1) Shall be licensed to practice law in Utah; 
