Utah Admin. Code R20 — Cultural and Community Engagement

R450 Administration

R450-1 Government Records Access And Management Act Rules

Utah Admin. Code R450-1-1 Purpose

The purpose of the following rule is to provide procedures for access to government records.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R450-1-2 Authority

The authority for the following rule is Section 63G-2-204 and Section 63A-12-104 of the Government Records Access and Management Act (GRAMA), effective July 1, 1992.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R450-1-3 Allocation of Responsibility Within Cultural and Community Engagement (CCE)

CCE and its agencies shall be considered a single government entity and the Executive Director of CCE or designee shall be considered the chief administrative officer of CCE and its agencies for purposes of Section 63G-2-401.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R450-1-4 Requests for Access

(1) Requests for access to government records of Cultural and Community Engagement (CCE) and its agencies must be made in writing. Except as provided for in Subsection R450-1-4(1)(a), record access requests must be directed to the records officer of the CCE agency holding the requested record. The response to a request may be delayed if not properly directed. See Subsections 63G-2-204(2) and 63G-2-204(6). Record access requests must be directed as set forth in this section:

(a) Media and other expedited requests must be addressed to the CCE Public Information Officer, located at the CCE Administrative Office in Salt Lake City.

(b) Other requests must be addressed to the records officer, located at the main Salt Lake City office of the appropriate CCE agency listed in this section:

(i) CCE Administration, which includes all other CCE agencies not specifically referenced in this section;

(ii) Office of Multicultural Affairs;

(iii) Division of Arts and Museums;

(iv) Division of Indian Affairs;

(v) Division of State History;

(vi) Division of State Library;

(vii) STEM Action Center; and

(viii) Utah Commission on Service and Volunteerism.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R450-1-5 Fees

A fee schedule for the direct and indirect costs of duplicating or compiling a record may be obtained from CCE by contacting Executive Assistant to the Executive Director, CCE Administration, located at the CCE Administrative Office in Salt Lake City. CCE and its agencies may require payment of past fees and future estimated fees before beginning to process a request if fees are expected to exceed $50 or if the requester has not paid fees from previous requests.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R450-1-6 Waiver of Fees

Fees for duplication and compilation of a record may be waived under certain circumstances described in Subsection 63G-2-203(3). Requests for waiver of fees are made to CCE Executive Assistant to the Executive Director, located at the CCE Administrative Office in Salt Lake City.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R450-1-7 Request for Access for Research Purposes

Access to private or controlled records for research purposes is allowed by Subsection 63G-2-202(8). Requests for access to such records for research purposes may be made directly to the records officer of the CCE agency from which the record is sought as set forth in R450-1-4.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R450-1-8 Requests for Records Containing Intellectual Property Rights

If the department owns an intellectual property right contained within records being requested, it shall duplicate and distribute such materials in accordance with Subsection 63G-2-201(10). Initial decisions with regard to these rights will be made by the records officer of the CCE agency from which the record is sought as set forth in R450-1-4.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R450-1-9 Requests to Amend a Record

(1) An individual may contest the accuracy or completeness of a document pertaining to him pursuant to Section 63G- 2-603. Such requests to amend a record shall be made in writing and include the following: 1) the requester's name, mailing address, and daytime telephone number; and 2) a brief statement explaining why CCE should amend the record. Such requests shall be made and directed to the appropriate CCE agency Director as set forth in this section:

(a) Requests to amend records held by CCE Administration or by CCE agencies not specifically referenced in this section shall be addressed to the Executive Director, located at the CCE Administrative Office in Salt Lake City.

(b) Requests to amend records held by the following listed CCE agencies shall be addressed to the Executive Director, located at the main Salt Lake City office of the applicable agency:

(i) Office of Multicultural Affairs;

(ii) Division of Arts and Museums;

(iii) Division of Indian Affairs;

(iv) Division of State History;

(v) Division of State Library;

(vi) STEM Action Center; and

(vii) Utah Commission on Service and Volunteerism.

(2) Adjudicative proceedings resulting from requests to amend a record shall be conducted informally. Pursuant to Section 63G-4-203, the following procedures are established by rule to govern such proceedings:

(a) The Director of a CCE agency may delegate the responsibility to respond to a request to amend a record.

(b) An individual making a request to amend a record may also request a meeting to present information or evidence. The agency Director, or designee, receiving the request shall determine whether a meeting with the petitioner will be required to fairly respond to the request.

(c) The Director, or designee, receiving a request to amend a record shall respond to the request in writing within a reasonable time following receipt of the request. In the event a meeting with the petitioner is necessary to fairly evaluate the merits of a request, a written response shall be made within a reasonable time following the conclusion of any such meeting. The response shall contain the following information:

(i) The decision reached.

(ii) The reasons for the decision.

(iii) A notice of the requester's right to appeal to the Executive Director of CCE, or designee, within 30 days of the date of the response, pursuant to Section 63G-4-301.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R450-1-10 Appeals to Agency Head

Review of an order denying a request to amend a record may be taken to the Executive Director of CCE, or designee, located at the CCE Administrative Office in Salt Lake City. Such review shall be conducted pursuant to the procedures outlined in Section 63G-4-301.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R450-1-11 Time Periods Under GRAMA

Rule 6 of the Utah Rules of Civil Procedure shall apply to calculate time periods specified in GRAMA.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R450-1-12 Forms

(1) Forms described in this section are available from the records officer of the CCE agency from which the record is sought as set forth in Section R182-1-4. The forms described as follows or a document prepared by the requester containing substantially similar information to that requested in the CCE forms, shall be completed by the requester with the records requests:

(a) CCE Record Access Request form is for use by entities requesting records from CCE or its agencies. This form is intended to assist entities, who request records, to comply with the requirements of Subsection 63G-2-204(1) regarding the contents of a request. If a request is made through a written document other than a completed CCE Record Access Request form, the document must be legible and include the following information: the requester's name; mailing address; if available, daytime telephone number; a description of the records requested that identifies the record with reasonable specificity; and if the request is for a record which is not public, information regarding the requester's status.

(b) CCE Request For Protected Record Status form is for use by entities providing records to CCE or its agencies. This form is intended to comply with the Section 63G-2-309 regarding business confidentiality claims. If a request for protected records status is made through a written document other than a CCE Request For Protected Record Status form, the document must contain a claim of business confidentiality and a concise statement of reasons supporting the claim of business confidentiality.

(c) CCE Disclosure and Agreement form is for use when another government entity, political subdivisions of the state and their designated economic development agencies request controlled, private or protected records from CCE or its agencies, pursuant to Section 63G-2-206. This form discloses to the government entity certain information regarding restrictions on access, and obtains the written agreement of the entity to abide with those restrictions.

(d) CCE Certification by Requesting Government Entity form is for use by another government entity requesting controlled or private records from CCE or its agencies, pursuant to Section 63G-2-206. This form requires the information found in the CCE Record Access Request form, as well as certain representations required from the government entity, if the information sought is not public.

(2) CCE or its agencies may use forms to respond to requests for records.

History

KEY: government documents, freedom of information, public records
Date of Last Change: March 31, 2022
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

R450-2 Cultural Resources Viewer Fee

Utah Admin. Code R450-2-1 Purpose

The purpose of this rule is to establish the procedure regarding user fees for a web-based Cultural Resources Viewer Program tool that is maintained online by the State Historic Preservation Office within the Department of Cultural and Community Engagement.

The department is committed to maintaining the web-based Cultural Resource Viewer Program to streamline the cultural resource management processes. Therefore, the fees collected will contribute, along with ongoing digitization funds, to the ongoing operation, maintenance, and improvement of the application.

History

KEY: archaeology, preservation pro, user fee, cultural resources
Date of Last Change: March 24, 2023
Notice of Continuation: May 9, 2022
Authorizing, and Implemented or Interpreted Law: 9-1-201

Utah Admin. Code R450-2-2 Authority

The department may make, amend, or repeal rules for the conduct of its business in accordance with Subsection 63G-3- 201(2), Utah Administrative Rulemaking Act.

History

KEY: archaeology, preservation pro, user fee, cultural resources
Date of Last Change: March 24, 2023
Notice of Continuation: May 9, 2022
Authorizing, and Implemented or Interpreted Law: 9-1-201

Utah Admin. Code R450-2-3 Definitions

(1) "Cultural Resources Viewer" is an online tool intended to help stakeholders manage Utah's cultural resources data. It contains both public and protected information. The system may have various names over time, but the core content remains the same. Access to protected information will be governed according to 63G-2, Government Records Access and Management Act.

(2) "Department" is the Utah Department of Cultural and Community Engagement.

(3) "Executive Director" is the director of the Department of Cultural and Community Engagement.

(4) "Office" is the State Historic Preservation Office in the Department of Cultural and Community Engagement.

(5) "Director" is the director of the State Historic Preservation Office.

History

KEY: archaeology, preservation pro, user fee, cultural resources
Date of Last Change: March 24, 2023
Notice of Continuation: May 9, 2022
Authorizing, and Implemented or Interpreted Law: 9-1-201

Utah Admin. Code R450-2-4 Fee

(1) The Cultural Resources Viewer fee will be established annually through the legislative appropriations process.

(2) Fees can be remitted to the Department of Cultural and Community Engagement, Director of Finance, 3760 S Highland Dr., Millcreek, UT 84106. Other payment options may be available. Contact the Director for details.

(3) Fees are assessed annually, and are due on the first day of July. Only entities that have paid their fee or received a fee waiver from the department will be allowed access to the Cultural Resources Viewer.

(4) The annual fee will be prorated by month for entities who request access mid-year.

History

KEY: archaeology, preservation pro, user fee, cultural resources
Date of Last Change: March 24, 2023
Notice of Continuation: May 9, 2022
Authorizing, and Implemented or Interpreted Law: 9-1-201

Utah Admin. Code R450-2-5 Fee Waiver Process

(1) Organizations that provide grants or data to maintain and improve the application and the database may receive full or partial waivers.

(2) Other requests for fee waivers may also be considered.

(a) A waiver request application is available from the State Historic Preservation Office.

(b) Individuals or organizations seeking a fee waiver should submit their application to the Director, 3760 S Highland Drive, Millcreek, UT 84106.

(d) The Director shall review and determine all fee waivers. In doing so, the Director shall convene a committee that consists of the department's Finance Director, as well as representatives from the division and the Department of Technology Services.

(i) This committee will review all waiver requests, and the Director will make the final determination.

(ii) The division will then notify the applicant of the decision within ten business days.

(iii) Appeals of decisions shall be made to the Department of Cultural and Community Engagement, Executive Director, 3760 S Highland Dr., Millcreek, UT 84106.

History

KEY: archaeology, preservation pro, user fee, cultural resources
Date of Last Change: March 24, 2023
Notice of Continuation: May 9, 2022
Authorizing, and Implemented or Interpreted Law: 9-1-201

R450-4 Multicultural Commission

Utah Admin. Code R450-4-1 Purpose

This rule establishes the membership, duties, and procedures of the Utah Multicultural Commission.

History

KEY: multicultural, commissions and boards, diversity
Date of Last Change: March 31, 2022
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-21-301

Utah Admin. Code R450-4-2 Authority

This rule is required by Subsection 9-21-301(9) and enacted under the authority of Sections 9-21-201, 9-21-202.2, and 9-21-301.

History

KEY: multicultural, commissions and boards, diversity
Date of Last Change: March 31, 2022
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-21-301

Utah Admin. Code R450-4-3 Definitions

The terms used in this rule are defined in Sections 9-1-102 and 9-21-102.

History

KEY: multicultural, commissions and boards, diversity
Date of Last Change: March 31, 2022
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-21-301

Utah Admin. Code R450-4-4 Membership and Duties of the Commission

(1) Membership and duties of the Utah Multicultural Commission are outlined in Sections 9-21-301 through 9-21-302.

(2) A quorum of the commission members may select a co-chair of the commission. The co-chair will have the same authority as the chair defined in Subsection 9-21-301-2(a).

(3) A majority of the commission may request nominations for board members from organizations outside of the commission. Those nominations shall be submitted to the Governor for appointment.

(4) The commission may recommend the Governor appoint members based on specific job titles with automatic membership on the commission for the person holding that position.

(5) Members may designate a proxy for attendance and voting purposes at individual meetings, as needed.

History

KEY: multicultural, commissions and boards, diversity
Date of Last Change: March 31, 2022
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-21-301

Utah Admin. Code R450-4-5 Procedures

(1) The commission may adopt standards and procedures governing its internal operations, programs, and meeting protocol, consistent with state statute and its purposes under Sections 9-21-301 through 9-21-302.

(2) Any such standards and procedures shall be set forth in printed or electronic materials and available to the public.

(3) Proposed amendments to internal operating procedures, programs and meeting protocol shall be submitted in writing to all members of the commission in advance of the next regular meeting, at which time a majority of the commission is required for the adoption of the amendment. Amendments become effective immediately upon ratification.

History

KEY: multicultural, commissions and boards, diversity
Date of Last Change: March 31, 2022
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-21-301

R450-5 Utah Martin Luther King Jr. Human Rights Commission

Utah Admin. Code R450-5-1 Purpose

This rule establishes the membership, duties, and procedures of the Utah Martin Luther King Jr. Human Rights Commission.

History

KEY: multicultural, boards and commissions, Martin Luther King, human rights
Date of Last Change: March 31, 2022
Notice of Continuation: October 17, 2025
Authorizing, and Implemented or Interpreted Law: 9-21-401

Utah Admin. Code R450-5-2 Authority

This rule is required by Subsection 9-21-401(9) and enacted under the authority of Sections 9-1-201, 9-1-202.2, and 9- 21-401.

History

KEY: multicultural, boards and commissions, Martin Luther King, human rights
Date of Last Change: March 31, 2022
Notice of Continuation: October 17, 2025
Authorizing, and Implemented or Interpreted Law: 9-21-401

Utah Admin. Code R450-5-3 Definitions

The terms used in this rule are defined in Sections 9-1-102 and 9-21-102.

History

KEY: multicultural, boards and commissions, Martin Luther King, human rights
Date of Last Change: March 31, 2022
Notice of Continuation: October 17, 2025
Authorizing, and Implemented or Interpreted Law: 9-21-401

Utah Admin. Code R450-4-4 Membership and Duties of the Human Rights Commission

(1) Membership and duties of the Utah Martin Luther King Jr. Human Rights Commission are outlined in Sections 9- 21-401 through 9-21-402.

(2) A majority of the commission may request nominations for board members from organizations outside of the commission. Those nominations shall be submitted to the Governor for appointment.

History

KEY: multicultural, boards and commissions, Martin Luther King, human rights
Date of Last Change: March 31, 2022
Notice of Continuation: October 17, 2025
Authorizing, and Implemented or Interpreted Law: 9-21-401

Utah Admin. Code R450-5-5 Procedures

(1) The Commission may adopt standards and procedures governing its internal operations, programs, and meeting protocol, consistent with state statute and its purposes under Sections 9-21-401 through 9-21-402.

(2) Any such standards and procedures shall be set forth in printed or electronic materials and available to the public.

(3) Any proposed amendment to internal operating procedures, programs and meeting protocol shall be submitted in writing to each member of the commission in advance of the next regular meeting, at which time a majority of the commission is required for the adoption of the amendment. An amendment becomes effective immediately upon its ratification.

History

KEY: multicultural, boards and commissions, Martin Luther King, human rights
Date of Last Change: March 31, 2022
Notice of Continuation: October 17, 2025
Authorizing, and Implemented or Interpreted Law: 9-21-401

R451 Arts and Museums

R451-1 Arts and Museums General Program Rules

Utah Admin. Code R451-1-1 Arts and Museums General Program Rules

Arts and Museums will set forth in printed or electronic materials: standards and procedures, eligibility requirements, fees, restrictions, deadlines for submitting applications, requirements pertaining to specific opportunities, dates of events, liability, and other information which is available to the public. Arts and Museums has the authority to award prizes, commissions, grants, scholarships, sponsorships and fellowships.

History

KEY: art in public places, art preservation, art financing, performing arts
Date of Last Change: June 29, 2022
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 9-6-201

R451-2 Policy for Commissions, Purchases, Deaccessioning, Donations to, and Loans from, the State of Utah Alice Merrill Horne Art Collection

Utah Admin. Code R451-2-1 Policy for Commissions, Purchases, Deaccessioning, and Donations to, and Loans from, the State of Utah Alice Merrill Horne Art Collection

To maintain the quality and integrity of the State of Utah Alice Merrill Horne Art Collection, the following policies have been adopted:

a. All works of art accepted into or deaccessioned from the State of Utah Alice Merrill Horne Art Collection must be approved through the appropriate channels: Utah Arts Advisory Board, Utah Museum Field Services Advisory Board, Art Collection Committee, Public Art Selection Committees, or a designated Ad Hoc Committee. This policy applies to commissions, purchases and donations, and deaccession of artwork. When art is added to the State of Utah Alice Merrill Horne Art Collection, Arts and Museums will assume responsibility for cataloging, conserving, insuring, storing, and displaying that work. The criteria for selecting artworks for the State of Utah Alice Merrill Horne Art Collection will be based on the quality of the work, and its role in filling historical, cultural, and stylistic gaps of the collection. Public Art commissions will be based on the aesthetic value, appropriateness to the site or facility, and budget.

b. If other state agencies are approached by an individual or organization wishing to donate a work of art, that agency may contact Arts and Museums to receive approval through the appropriate channels. If the agency does not contact Arts and Museums, or if the donation is not accepted by Arts and Museums, the donated work will not be considered part of the State of Utah Alice Merrill Horne Art Collection and the recipient agency becomes solely responsible for its ownership, including cataloging, conserving, insuring, storage, and displaying the donated work of art.

c. Loans of artwork from the State of Utah Alice Merrill Horne Art Collection must be approved through appropriate channels and the intended site determined appropriate for art display in order for them to be insured by the state's Risk Management Division through Arts and Museums. Replacement value insurance for non-state agencies, by agreement or default, is borne by the institution receiving the loaned works. Works of art loaned directly to Arts and Museums for exhibition or other purposes are fully insured by the state's Risk Management Division through Arts and Museums. Public Art commissions are insured by the state's Risk Management Division through Arts and Museums and the host agency.

d. A work of art in the State of Utah Alice Merrill Horne Art Collection that is to be deaccessioned is not state surplus property and is not subject to the surplus property program.

e. State agencies that wish to purchase art may work with Arts and Museums to utilize its Limited Purchasing Delegation and acquisition process.

History

KEY: art loans, art donations, art in public places, art work art deaccession
Date of Last Change: June 29, 2022
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 9-6-303 through 304

R451-3 Public Art Installation Initiative Application Process

Utah Admin. Code R451-3-1 Purpose

The purpose of this rule is to establish an application process for the Public Art Installation Initiative consistent with Section 9-6-410.

History

KEY: art in public places, art financing
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-6-410

Utah Admin. Code R451-3-2 Authority

The authority for this rule is Section 9-6-410, effective May 1, 2024.

History

KEY: art in public places, art financing
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-6-410

Utah Admin. Code R451-3-3 Definitions

Terms used in this rule are defined in Sections 9-6-102, 9-6-301, 9-6-403, and 9-6-410.

History

KEY: art in public places, art financing
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-6-410

Utah Admin. Code R451-3-4 Application Process

The division shall create eligibility guidelines and an application form to be open to applicants during a designated timeframe.
Applicants shall include as part of the application form:

a. a budget;

b. required information as defined in Subsection 9-6-410(4);

c. a written agreement from the owner of the public space where the proposed public art installation is to be installed; and

d. a maintenance plan with 10-year and 30-year activity and cost projections.

Applications must be received by the due date established by the division.
Eligible applications will be reviewed by a panel organized by the division.
Panel members will use a scoring rubric to evaluate applications based on eligibility, submission date, and application form completion. In the event of limited funding, panel members will also consider the quality of the written grant application and demonstrated project excellence in determining award recommendations.
Panel award recommendations will be approved by the board.
Upon board approval, applicants will be notified of award.

History

KEY: art in public places, art financing
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-6-410

R453 Historic Preservation

R453-1 Ancient Human Remains

Utah Admin. Code R453-1-1 Purpose

The purpose of this rule is to ensure that ancient human remains are given respectful, lawful, and scientifically-sound treatment, that landowners are not harmed or burdened by the discovery of ancient human remains on their property, and to ensure that steps are taken to determine lawful ownership of recovered remains.

History

KEY: ancient human remains, archaeology
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-309; 9-9-403; 76-5-802; 76-5-803

Utah Admin. Code R453-1-2 General Authority

The authority for this rule is Section 9-8a-309, effective May 7, 2025.

History

KEY: ancient human remains, archaeology
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-309; 9-9-403; 76-5-802; 76-5-803

Utah Admin. Code R453-1-3 Definitions

(1) "Antiquities Section" means the Antiquities Section of the State Historic Preservation Office.

(2) "ancient" means one-hundred years of age or older.

(3) "Native American" means of or relating to a tribe, people, or culture that is indigenous to the United States.

(4) "human remains" means all or part of a physical individual, in any stage of decomposition, and objects on or in association with the physical individual that were placed there as part of the death rite or ceremony of a culture.

(5) "nonfederal land" includes land owned or controlled by the state, a county, city, or town, an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members, a person other than the federal government; or school and institutional trust lands as defined in Section 53C-1-103.

(6) "state land" means any land owned by the state including the state's legislative and judicial branches, departments, divisions, agencies, boards, commissions, councils, and committees, institutions of higher education as defined under Section 53B-3-102. "State land" does not include land owned by a political subdivision of the state, land owned by a school district; private land, school and institutional trust lands as defined in Section 53C-1-103.

(7) "excavate" means the scientific disturbance or removal of surface or subsurface archaeological resources by qualified archaeologists in compliance with Title 9, Chapter 8a, Part 3, Antiquities.

(8) "director" means director of the State Historic Preservation Office.

(9) "local law enforcement agency" means the police department, sheriff's office, or other agency having jurisdiction.

History

KEY: ancient human remains, archaeology
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-309; 9-9-403; 76-5-802; 76-5-803

Utah Admin. Code R453-1-4 Response to Notification of a Discovery of Ancient Human Remains

Human remains that are discovered in conjunction with a project or undertaking subject to Title 9, Chapter 8a, Part 4, Historic Sites, or Section 106 of the National Historic Preservation Act, are the responsibility of the project proponents, not the Antiquities Section. The Antiquities Section may however advise, assist, and cooperate with responsible agencies in meeting their obligations regarding ancient human remains. For ancient human remains recovered as part of a compliance project from lands covered by Section 9-8a-309, the Antiquities Section will, following appropriate analyses, and if asked, assume the role of the landowner for purposes of determination of ownership as per Subsection 9-9-403(8).

Upon notification that ancient human remains have been discovered, the Antiquities Section will gather information and consult as necessary with affected agencies and individuals and within two business days determine a course of action with approval of the landowner to leave remains in place or excavate and remove remains and notify the affected agencies and individuals of the decision.

History

KEY: ancient human remains, archaeology
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-309; 9-9-403; 76-5-802; 76-5-803

Utah Admin. Code R453-1-5 Excavation and Removal of Ancient Human Remains

If the landowner grants permission for excavation and removal, the Antiquities Section, or its agent, will conduct respectful and scientifically-sound investigations of the remains and will remove the remains from the site within five days of receiving permission to excavate. The Antiquities Section may establish a perimeter around the area of the remains for the protection of staff and the remains. Only Antiquities Section personnel and those individuals with permission from the Antiquities Section will be allowed into the area surrounding the remains until the excavation is completed. If agreed to by the landowner, an alternative agreement may be reached as provided for in Section 9-8a-309(3). If extraordinary circumstances as defined in Subsection 9-8-309(1)(c)(i) exist or arise requiring a time extension, the Antiquities Section will notify the landowner immediately.

If the landowner does not grant permission to excavate and remove the ancient human remains, the Antiquities Section will inform the landowner of the legal restrictions regarding human remains as specified in Section 76-5-802 and Section 76-5- 803.

The Antiquites Section will have temporary custody of the remains to identify cultural affiliation and ownership. Those determined to be Native American will be subject to Title 9, Chapter 9, Part 4, Native American Grave Protection and Repatriation Act. For the purposes of determining ownership of remains excavated under Title 9, Chapter 9, Part 4, Native American Grave Protection and Repatriation Act, the Antiquities Section will serve in the capacity of the landowner and will make lineal descent and cultural affiliation ownership determinations in consultation with the Division of Indian Affairs and allowing interested individuals and tribes to assert claims of ownership.

History

KEY: ancient human remains, archaeology
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-309; 9-9-403; 76-5-802; 76-5-803

R453-2 State Register for Historic Resources and Archaeological Site

Utah Admin. Code R453-2-1 Purpose

The purpose of this rule is to establish compatibility between the State and National Register and standards for state landmarks consistent with Sections 9-8a-306, 9-8a-401, 9-8a-402, and 9-8a-403.

History

KEY: historic sites, national register, state register
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-302; 9-8a-306; 9-8a-401; 9-8a-402; 9-8a-403; 63G-4-102

Utah Admin. Code R453-2-2 Definitions

(1) Terms used in this rule are defined in Section 9-8a-302 and Subsection 9-8a-402(1).

(2) In addition:

(a) "office" means the State Historic Preservation Office;

(b) "director" means the director of the State Historic Preservation Office;

(d) "property owner" means those persons or entities holding fee simple title to the property.

History

KEY: historic sites, national register, state register
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-302; 9-8a-306; 9-8a-401; 9-8a-402; 9-8a-403; 63G-4-102

Utah Admin. Code R453-2-3 State Register for Historic Resources and Archaeological Sites

(1) The State Register for properties and sites incorporates by reference, within this rule, 36 CFR 60.4, 2025 Edition for the selecting of properties and sites as historical places within Utah.

(2) Properties or sites recommended for National Register consideration shall automatically be listed on the State Register after they have been recommended by the National Register Review Committee for National Register listing and after the director has nominated them for listing on the National Register.

(3) Should a property or site be found to be ineligible for the National Register by the Keeper of the National Register, National Park Service, that property may be reviewed for removal from the State Register.

(4) Properties or sites may be removed from Century and State Registers only after notification to the owner and a hearing by the board, unless they have been entirely demolished, in which case they may be removed administratively by division staff following state procedures for removal.

History

KEY: historic sites, national register, state register
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-302; 9-8a-306; 9-8a-401; 9-8a-402; 9-8a-403; 63G-4-102

Utah Admin. Code R453-2-4 State Landmark Listing for Archaeological and Anthropological Sites and Localities

Archaeological and anthropological sites of significance may be designated as Archaeological or Anthropological Landmarks by the National Register Review Committee after nomination and with the written consent of the property owner.

History

KEY: historic sites, national register, state register
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-302; 9-8a-306; 9-8a-401; 9-8a-402; 9-8a-403; 63G-4-102

R453-3 Preservation Easements

Utah Admin. Code R453-3-1 Purpose

The purpose of this rule is to insure the adequate handling of preservation easements and their proper recording in accordance with Sections 9-8a-503 and 9-8a-504.

History

KEY: historic preservation, historic sites
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-503; 9-8a-504

Utah Admin. Code R453-3-2 Definitions

Terms used in this rule are defined as:

(1) "historical value" means a property on the State or National Register of Historic Places; and

(2) "office" means the State Historic Preservation Office.

History

KEY: historic preservation, historic sites
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-503; 9-8a-504

Utah Admin. Code R453-3-3 Granting of an Easement to the Division

(1) The office may accept easements under the following conditions:

(a) the property is on the National Register or State Register of Historic Places;

(b) the easement will be recorded with the proper county recorder's office;

(c) the preservation easement will prohibit demolition or alteration not in conformance with the Secretary of Interior's Standards for Rehabilitation;

(d) the easement shall be in place for as long as the owner specifies but for no less than that required by IRS rule, if any, or;

(e) the office shall acknowledge within 30 days acceptance or rejection of the easement.

History

KEY: historic preservation, historic sites
Date of Last Change: December 15, 2025
Authorizing, and Implemented or Interpreted Law: 9-8a-503; 9-8a-504

R453-4 Historic Preservation Tax Credit

Utah Admin. Code R453-4-1 Purpose

The purpose of this rule is to:

(1) ensure an orderly process by the State Historic Preservation Office;

(2) allow for appeal and judicial review of decisions; and

(3) ensure that rehabilitation work on historic preservation tax credit projects meets the Secretary of the Interior's "Standards for Rehabilitation."

History

KEY: preservation, tax credits, rehabilitation, housing
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 59-7-609; 59-10-1006; 9-8a-203

Utah Admin. Code R453-4-2 Applicability

This rule applies to applications and proceedings under Sections 59-7-609 and 59-10-1006.

History

KEY: preservation, tax credits, rehabilitation, housing
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 59-7-609; 59-10-1006; 9-8a-203

Utah Admin. Code R453-4-3 Definitions

As used in this rule:

(1) "Director" means the Director of the State Historic Preservation Office.

(2) "Office" means the State Historic Preservation Office.

(3) "Historic Preservation Tax Credit" means any tax credit allowed by the Utah State Tax Commission pursuant to Section 59-7-609 or Section 59-10-1006.

(4) "Project" means the entire scope and course of work on any building and accompanying site for which an applicant is seeking the historic preservation tax credit.

(5) "Applicant" means any person or entity that is seeking a historic preservation tax credit.

(6) "Standards" means the Secretary of Interior's "Standards for Rehabilitation" as promulgated under the authority of the National Historic Preservation Act, 54 U.S.C. 300101 et seq.

(7) "National Register" means the National Register of Historic Places maintained pursuant to the National Historic Preservation Act, 54 U.S.C. 300101 et seq.

(8) "Anticipatory construction, demolition, or alteration" means any rehabilitation-related action that does not meet the "Standards" taken with prior knowledge and in intentional disregard of the "Standards" or after having received Office comments.

History

KEY: preservation, tax credits, rehabilitation, housing
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 59-7-609; 59-10-1006; 9-8a-203

Utah Admin. Code R453-4-4 Application for Historic Preservation Tax Credit

(1) Any person or entity seeking the historic preservation tax credit shall, before completion of the rehabilitation project, apply to the Office for certification of historic significance and approval of the proposed or ongoing rehabilitation work. The applications shall be on forms approved by the Office. The applicant shall complete the applications in whole and shall provide other information requested relative to the project including adequate pre-rehabilitation photographs and other required documentation.

(2) The Office shall consult with the applicant and provide historic and technical advice and assistance subject to budgetary and management constraints, as necessary to assist the applicant in applying for the historic preservation tax credit. The Office shall review the application within 30 days of receipt to determine if the proposed or ongoing rehabilitation work meets the "Standards."

(3) If the Office determines the project meets the "Standards" and that no anticipatory construction, demolition, or alteration has occurred, the Office shall provide the applicant with written approval of the proposed or ongoing work along with any further comments or conditions deemed necessary.

(4) If after full consultation the Office determines the project does not meet the "Standards," that anticipatory construction, demolition, or alteration has occurred, or the building is not a certifiable historic building, the Office shall notify the applicant in writing of the decision, set forth the basis of the decision, and detail the process to appeal the decision. The applicant or other interested party may request a review of the decision as set forth in Section R453-4-9.

History

KEY: preservation, tax credits, rehabilitation, housing
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 59-7-609; 59-10-1006; 9-8a-203

Utah Admin. Code R453-4-5 Execution of Project

(1) During the project, the Office shall be available for continuing consultation subject to budgetary and management constraints. If the applicant desires to change the approved work plan, the applicant shall make a change request in writing to the.

(2) The applicant shall allow access and observation of the project building at any reasonable time upon request of the Office.

History

KEY: preservation, tax credits, rehabilitation, housing
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 59-7-609; 59-10-1006; 9-8a-203

Utah Admin. Code R453-4-6 Certification of Completed Work

(1) Upon completion of the project, the applicant shall request certification of completed work in writing on a form approved by the Office and shall provide other information requested by the Office relative to the project. The applicant shall allow access to the project for final observation by the Office if necessary, in determining if the work conforms with the approved plan.

(2) At this time the applicant shall also submit a complete National Register nomination if the building is not already listed in the National Register as set forth in Section R453-4-10.

(3) The final Office review shall be in writing and shall be forwarded to the applicant within 30 days of receipt of a complete application.

History

KEY: preservation, tax credits, rehabilitation, housing
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 59-7-609; 59-10-1006; 9-8a-203

Utah Admin. Code R453-4-7 Issuance of Authorization Form and Certification Number

If the Office determines the work was completed in accordance with the approved plan and meets the "Standards," the Office shall issue an authorization form provided by the Utah State Tax Commission, including the unique certification number. If any request for review is sought, the Office may not issue the authorization form or unique certification number until the review results in approval of the project.

History

KEY: preservation, tax credits, rehabilitation, housing
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 59-7-609; 59-10-1006; 9-8a-203

Utah Admin. Code R453-4-8 Request for Review and Appeal Proceedings

(1) All proceedings under Rule R453-4 with regard to the historic preservation tax credit are informal.

(2) The applicant or any interested person may seek review of the decision of the Office by filing a request for review with the Director. The request for review shall set forth in detail that portion of the decision of the Office for which review is sought, and on what basis the decision was inconsistent with the facts or "Standards." Copies of the request for review shall be sent to the applicant and to any other party who has expressed interest in the proceeding as appropriate. Any such request for review must be filed with the Director within 30 days of the decision of the Office.

(3) The applicant or any interested person may file with the Director a response to the request for review within 15 days of notification.

(4) Review of the Office decision shall be made by the Director and shall be based on review of the project file, the request for review, and responses, if any. The Director may conduct an independent investigation and request further information from the Office staff, applicant, or any other party to the project. In addition, the Director may conduct an informal hearing on the review.

(5) Within 30 days of receipt of the request for review, the Director shall issue a decision based on review of the project file and the information received at a hearing or from other sources, if any. The Director shall set forth in writing a decision concerning the request for review and forward it to the applicant and other interested parties.

(6) Judicial review of the decision of the Director may be obtained by filing a complaint in the Third Judicial District Court in Salt Lake County seeking review by a trial de novo. The issue in the district court is whether the decision of the Director constituted an abuse of discretion. The person or entity seeking judicial review shall have the burden of proof that the decision of the Director constituted an abuse of discretion.

History

KEY: preservation, tax credits, rehabilitation, housing
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 59-7-609; 59-10-1006; 9-8a-203

Utah Admin. Code R453-4-9 Noncertified Historic Buildings

(1) If the project building is not listed in the National Register when the application for certification of completed work is submitted, the applicant shall submit a complete National Register nomination form to the Office. The Office shall review the nomination for completeness and forward it to the National Register Review Committee according to requirements of 36 CFR 60 and applicable policies for evaluation and action.

(2) If the project building is located in a National Register Historic District and the building has not been designated by the Office as being of significance to the district at the time of application for certification of completed work, the applicant shall submit a request for designation to the Office. The request shall be on a form approved by the Office. The Office shall review the request for completeness and determine if the project building is of significance to the district.

History

KEY: preservation, tax credits, rehabilitation, housing
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 59-7-609; 59-10-1006; 9-8a-203

R453-5 Computerized Records for Cemeteries, Burial Locations and Plots, and Granting Matching Funds

Utah Admin. Code R453-5-1 Purpose

The purpose of this rule is to establish a process to govern the awarding of grants to cemeteries to digitize their records, create GIS map or repair cemeteries, grave sites and tombstones.

History

KEY: burial, cemetery, plots
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-203(15); 9-8a-203(16)

Utah Admin. Code R453-5-2 Definitions

(1) "Burial locations" means locations of human burials outside of established cemeteries where written records exist on the deceased.

(2) "Burial Plot" means the burial location of an individual within a cemetery.

(3) "Cemeteries" means formal groupings of burial locations, including public and private facilities, whether abandoned or currently used and maintained.

(4) "Office" means the State Historic Preservation Office.

(5) "Eligible Organizations" means cemeteries, genealogical associations, and other nonprofit groups interested in cemeteries and burial locations.

(6) "GIS" means Geographic Information System. A system that links information to geographic locations.

(7) "In kind" matches include volunteer hours, labor, or equipment to match grant contributed.

(8) "Matching grants" means grants made to eligible organizations that are matched, using a county classification tier that allows matches with cash or in kind.

(9) "Record" means existing record of name and other available information on the interred individual.

(10) "Computerized record" means an electronic version of a record meeting the standards established by the Office.

History

KEY: burial, cemetery, plots
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-203(15); 9-8a-203(16)

Utah Admin. Code R453-5-3 Application and Distribution of Funds

(1) Eligible organizations may apply for matching grants through an application managed by the Office.

(2) Matching grants shall be provided to the extent that funding is available.

(3) Grants will be awarded by the Office at the beginning of the fiscal year.

(4) Grant funds will be distributed to grant recipients after a grant contract is signed.

(5) Final reports meeting the specifications of Section R453-5-4 are required to successfully complete the grant.

History

KEY: burial, cemetery, plots
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-203(15); 9-8a-203(16)

Utah Admin. Code R453-5-4 Reports and Deliverables

A final report shall be completed by the grantee in a format designated by the Office. The report shall include a summary of the project, an accounting of matching share contributions, and when applicable, a digital file of burial plots or photos of completed preservation projects.

History

KEY: burial, cemetery, plots
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-203(15); 9-8a-203(16)

R453-6 Cultural Site Stewardship Program Volunteer Selection, Training, and Certification Procedures

Utah Admin. Code R453-6-1 Purpose

This rule provides procedures on how the Office will select, train and certify volunteers to participate in the Stewardship Program.

History

KEY: cultural stewardship, archaeology, volunteers, public lands
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-205

Utah Admin. Code R453-6-2 Selection of Volunteers

(1) The Office shall engage in public outreach activities to announce stewardship opportunities for potential volunteers.

(2) Volunteers will self-select interest in the program and will fill out a volunteer application created by the Office and submit to the Stewardship Coordinator.

(3) The Utah Cultural Site Stewardship Coordinator or designee will review each volunteer's application and supporting materials and contact the volunteer to move forward on their involvement in the program.

History

KEY: cultural stewardship, archaeology, volunteers, public lands
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-205

Utah Admin. Code R453-6-3 Training of Volunteers

(1) After acceptance as a potential Cultural Site Stewardship volunteer, but before that volunteer service begins, the volunteer will participate in a training session held by the Office and agency partners.

(2) Training includes the following components:

(a) review of Volunteer Services Agreement, Code of Ethics, Photographic Release, and other required forms;

(b) orientation to the conditions of volunteer service and the volunteer's specific assignment;

(d) archaeological methods and expectations of volunteer service; and

(e) agency point-of-contact and vandalism reporting procedures pursuant to Rule R453-7).

(3) Training will be of an appropriate duration to cover relevant topics.

History

KEY: cultural stewardship, archaeology, volunteers, public lands
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-205

Utah Admin. Code R453-6-4 Certification of Volunteers

(1) After successful completion of the training program as established by the Office, its agency partners, and the description in Section R453-6-2, the volunteer will sign appropriate forms, including the Volunteer Services Agreement, Code of Ethics, and Photographic Release.

(2) The Office shall retain a copy of these agreements during the volunteer's service.

History

KEY: cultural stewardship, archaeology, volunteers, public lands
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-205

Utah Admin. Code R453-6-5 De-Certification of Volunteers

(1) If a volunteer quits the Utah Cultural Site Stewardship Program at any time, the volunteer will lose certification upon such termination of service and must return any training or archaeological site location information obtained through the Utah Cultural Site Stewardship Program.

(2) If a volunteer has been convicted of a crime under the "Cultural Sites Protection Act" under Section 76-6-903, the Office may de-certify that volunteer.

(3) If a volunteer has been convicted of a civil or criminal penalty under the federal Archeological Resources Protection Act, under Section 16 U.S.C 470, the Office may de-certify that volunteer.

(4) If a volunteer has otherwise breached a provision of the Volunteer Services Agreement or Code of Ethics the Office may terminate and de-certify the volunteer.

History

KEY: cultural stewardship, archaeology, volunteers, public lands
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-205

Utah Admin. Code R453-6-6 Documentation of Volunteer Hours and Supervision of Volunteers

(1) The Office shall require a volunteer to document the hours donated by the volunteer.

(2) The Office shall ensure that volunteers are adequately supervised for the work they are asked to perform. Supervisors may include, Office personnel, federal or state agency personnel, and archaeologists holding a Public Lands Policy Coordinating Office Principal Investigator permit.

History

KEY: cultural stewardship, archaeology, volunteers, public lands
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-205

R453-7 Cultural Site Stewardship Program Vandalism Reporting Procedures

Utah Admin. Code R453-7-1 Purpose and Authority

This rule provides procedures on how the State Historic Preservation Office shall report vandalism of a cultural site to the appropriate land managing authority.

History

KEY: cultural stewardship, vandalism, public lands, preservation
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-205

Utah Admin. Code R453-7-2 Definitions

(1) "Office" means the State Historic Preservation Office.

(2) Other definitions in this rule are found within Subsection 9-8a-205(1).

History

KEY: cultural stewardship, vandalism, public lands, preservation
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-205

Utah Admin. Code R453-7-3 Vandalism Reporting Responsibilities

Under Section 9-8a-205, the Office and its volunteers under the Utah Cultural Site Stewardship Program have a responsibility to report vandalism to appropriate land managing authority.

(1) Safety of volunteers and staff is of primary concern, thus any act of vandalism either in the past or in-progress shall be reported to appropriate land managing agencies by Program staff or volunteers promptly.

(2) Each federal or state agency participating in the Program will maintain an active point-of-contact at the agency for reports of vandalism.

(3) Each Program volunteer and staff shall provide a report of vandalism to the appropriate land managing agency point-of-contact in a timely fashion. The report may include written description, photographs, and locational information.

(4) A copy of the report shall be provided to the Utah Cultural Site Stewardship Program Coordinator or designee at the Office.

History

KEY: cultural stewardship, vandalism, public lands, preservation
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-205

Utah Admin. Code R453-7-4 Records

(1) The Office shall maintain records of any reported vandalism and make those reports available to the appropriate land managing agency point-of-contact upon request.

(2) Records of vandalism may not be publicly accessible if they contain private, controlled, or protected information about archaeological site locations, consistent with Government Records and Management Act under Section 63G-2-3.

History

KEY: cultural stewardship, vandalism, public lands, preservation
Date of Last Change: February 13, 2026
Authorizing, and Implemented or Interpreted Law: 9-8a-205

R455 History

R455-1 Adjudicative Proceedings

Utah Admin. Code R455-1-1 Scope and Applicability

This rule is enacted in compliance with the Utah Administrative Procedures Act, Section 63G-4-102 et seq. and applies only to actions which are governed by the Act.

History

KEY: administrative procedures, adjudicative proceedings
Date of Last Change: May 27, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102

Utah Admin. Code R455-1-2 Definitions

A. Terms, used in this rule are defined in Section 63G-4-103.

B. In Addition:

"agency" means the Utah Historical Society;
"applicability" means a determination if a statute, rule, or order should be applied, and if so, how the law stated should be applied to the facts;
"director" means the director of the Utah Historical Society;
"board" means the Board of State History;
"presiding officer" means the Board or its designee, which may be a subcommittee of the Board; and
"petitioner" means any person aggrieved by a decision or determination of the Utah Historical Society.

History

KEY: administrative procedures, adjudicative proceedings
Date of Last Change: May 27, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102

Utah Admin. Code R455-1-3 Designation

The Agency designates all agency actions subject to the scope and applicability of the Utah Administrative Procedures Act, Section 63G-4-102 as formal proceedings.

History

KEY: administrative procedures, adjudicative proceedings
Date of Last Change: May 27, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102

Utah Admin. Code R455-1-4 Adjudicative Hearings

A. Any person aggrieved by a decision or determination of the Utah Historical Society may request a hearing before the Board. That person, known as "the petitioner," shall request the hearing by filing a request in writing with the Board Chair and providing a copy to the director of the Division. The petition shall set forth the reason for the request, including the following:

a description of the decision which the petitioner requests a hearing on;
the date of the decision, who made the decision, and, if in writing, attach a copy of the decision;
the relief sought by the petitioner; and
the reason the petitioner is entitled to the relief requested.

B. Upon receipt of the Request for Hearing, the Division shall file a written response within 21 days with the Board Chair and send a copy to the petitioner. The Division response shall include any facts or matters not included in the Request for Hearing that may be necessary for the determination, and set forth the reasons and basis for the decision for which the petitioner is seeking a hearing.

C. After the filing of the response, a meeting shall be scheduled with the petitioner, representative of the agency, and council for the Board as a pre-hearing conference. The purpose of the conference is to have the agency and the petitioner meet to determine what factual and legal matters are in dispute, what discovery may be needed by anyone to process the case, and the best manner for presentation or hearing for the Board. Counsel for the Board shall prepare a discovery and hearing schedule based upon the meeting, which shall govern the proceedings.

D. The Board may act as a presiding officer and conduct the hearing, may appoint a subcommittee of its Board or may appoint an individual or group of individuals to act as the presiding officer to conduct the hearing. If the presiding officer is other than the entire Board, the presiding officer shall make recommended findings of fact, conclusions of law, and proposed order on the petitioner's request for a hearing. That proposed order shall be placed upon and acted upon by the Board at its next scheduled meeting. The Board may adopt, reject or change the proposed order of the presiding officer.

History

KEY: administrative procedures, adjudicative proceedings
Date of Last Change: May 27, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102

Utah Admin. Code R455-1-5 Request for Declarative Orders

A. As required by Section 63G-4-503, this section provides the procedures for submission, review, and disposition of petitions for agency declaratory orders on the applicability of statutes, rules, and orders governing or issued by the agency.

B. In order of importance, procedures governing declaratory orders are:

procedures specified in this rule pursuant to 63G-4-102;
the applicable procedures of 63G-4-102;
applicable procedures of other governing state and federal law; and
the Utah Rules of Civil Procedure.

C. The petition, or request for agency action, shall be addressed and delivered to the director, who shall mark the petition with the date of receipt.

The petition shall:

a. be clearly designated as a request for an agency declaratory order;

b. identify the statute, rule, or order to be reviewed;

c. describe in detail the situation or circumstances in which applicability is to be reviewed;

d. describe the reason or need for the applicability review, addressing in particular why the review should not be considered frivolous;

e. include an address and telephone where the petitioner can be contacted during regular work days; f. declare whether the petitioner has participated in a completed or ongoing adjudicative proceeding concerning the same issue within the past 12 months; and

g. be signed by the petitioner.

D. The agency will not issue a declaratory order that deals with a question or request that the director determines is:

Not within the jurisdiction and competence of the agency;
Trivial, irrelevant, or immaterial;
Not one that is ripe or appropriate for determination;
Currently pending or will be determined in an ongoing judicial proceeding;
Not in the best interest of the Division or the public to consider; or
Prohibited by state or federal law.

E. A person may file a petition for intervention under Section 63G-4-207 if delivered to the director within 20 days of the director's receipt of the declaratory order petition filed under Section R455-1-3.

F. Petitions shall be reviewed under the following procedure:

The director shall promptly review and consider the petition and may:

a. meet with the petitioner;

b. consult with counsel or the Attorney General;

c. take any action consistent with law that the agency deems necessary to provide the petition adequate review and due consideration; and

d. the Petitioner shall be advised as to the status or procedures to be used concerning the Petitioner's request.

The director may issue an order in accordance with Section 63G-4-503.
The director may order that an adjudicative proceeding be held in accordance with Section 63G-4-503 related to review of a petition.

G. A petitioner may seek administrative review or reconsideration of a declaratory order by petitioning the Board of State History or the agency under the procedures of Sections 63G-4-301 through 63G-4-302.

History

KEY: administrative procedures, adjudicative proceedings
Date of Last Change: May 27, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102

R455-3 Memberships, Sales, Gifts, Bequests, Endowments

Utah Admin. Code R455-3-1 Scope and Applicability

Purpose: To establish rules for handling disposition of proceeds and membership dues and make adjustments to prices of various publications.

History

KEY: administrative procedures, historical society
Date of Last Change: March 31, 2022
Notice of Continuation: September 16, 2025
Authorizing, and Implemented or Interpreted Law: 9-8-206; 9-8-207

Utah Admin. Code R455-3-2 Definitions

"board" means the Board of State History which acts as the Board of the Utah State Historical Society;
"society" means the Utah State Historical Society;
"division" means the Division of State History;
"historical magazine" means the Utah Historical Quarterly; and
"director" means the Director of the Division of State History.

History

KEY: administrative procedures, historical society
Date of Last Change: March 31, 2022
Notice of Continuation: September 16, 2025
Authorizing, and Implemented or Interpreted Law: 9-8-206; 9-8-207

Utah Admin. Code R455-3-3 Sales

Prices for the sale of the historical magazine, books published by the division, microfilm, photos, and other published or facsimile documents shall be established annually by the Director in consultation with the Board.
Proceeds and earned interest from sales shall be deposited with the treasurer of the state as restricted interest bearing, nonlapsing revenue of the Society in accordance with Sections 9-8-206 and 9-8-207.
The disposition of the proceeds and earned interest shall be determined by the Director in accordance with policy established by the Board or in consultation with the Board.

History

KEY: administrative procedures, historical society
Date of Last Change: March 31, 2022
Notice of Continuation: September 16, 2025
Authorizing, and Implemented or Interpreted Law: 9-8-206; 9-8-207

Utah Admin. Code R455-3-4 Donations

The Society may receive gifts, grants, donations, bequests devises and endowments of money or property. These moneys shall be used in accordance with directions provided by the donor and shall be kept in a separate line account as nonlapsing funds of the society together with earned interest.
If the donor makes no indication of the direction or use of the gifts, bequests, donations, devices, and endowments, these funds and interest on these funds shall be retained in a separate line account of the society as nonlapsing funds. Disbursement shall be made by the Director in accordance with policy established by the Board or in consultation with the Board.
The Board may review, or establish a policy of review and may receive, any gift, grant, donation, bequest, devise or endowment of money or property but need not.

History

KEY: administrative procedures, historical society
Date of Last Change: March 31, 2022
Notice of Continuation: September 16, 2025
Authorizing, and Implemented or Interpreted Law: 9-8-206; 9-8-207

Utah Admin. Code R455-3-5 Memberships

Membership dues shall be established annually by the Director in consultation with the Board according to Subsection 9-8-207(1).
Proceeds from memberships shall be kept in a separate line account as nonlapsing funds of the society together with earned interest.
Disbursement shall be made by the Director in accordance with policy established by the Board or in consultation with the Board.

History

KEY: administrative procedures, historical society
Date of Last Change: March 31, 2022
Notice of Continuation: September 16, 2025
Authorizing, and Implemented or Interpreted Law: 9-8-206; 9-8-207

R455-14 Procedures for Electronic Meetings

Utah Admin. Code R455-14-1 Purpose

The Board of State History recognizes that there may be times when, due to the necessity of considering matters of an emergency or urgent nature, members of the Board may need to appear telephonically or electronically pursuant to Section 52-4- 207.

History

KEY: administrative procedures
Date of Last Change: March 31, 2022
Notice of Continuation: March 25, 2024
Authorizing, and Implemented or Interpreted Law: 52-4-207

Utah Admin. Code R455-14-2 Authority

This rule is enacted under the authority of Section 52-4-207.

History

KEY: administrative procedures
Date of Last Change: March 31, 2022
Notice of Continuation: March 25, 2024
Authorizing, and Implemented or Interpreted Law: 52-4-207

Utah Admin. Code R455-14-3 Procedure

The following procedure shall govern any electronic meeting:

A. If one or more members of the Board of State History may participate electronically or telephonically, public notices of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members of the Board not participating electronically or telephonically will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

B. Notice of the meeting and the agenda shall be posted at the anchor location. Written or electronic notice shall also be provided in accordance with Subsection 52-4-202(3). These notices shall be provided at least 24 hours before the meetings.

C. Notice of the possibility of an electronic meeting shall be given to the members of the Board of State History that may be allowed to appear electronically at least 24 hours before the meeting. In addition, the notice shall describe how the members of the Board of State History authorized to participate electronically may participate in the meeting electronically or telephonically.

D. When notice is given of the possibility of a member of the Board of State History appearing electronically or telephonically, any member of the Board of State History may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the Board. At the commencement of the meeting, or at such time as any member of the Board initially appears electronically or telephonically, the Chair shall identify for the record those who are appearing telephonically or electronically. Votes by members of the Board of State History who are not at the physical location of the meeting shall be confirmed by the Chair.

E. The anchor location shall be designated in the notice. The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected. In addition, the anchor location has space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

History

KEY: administrative procedures
Date of Last Change: March 31, 2022
Notice of Continuation: March 25, 2024
Authorizing, and Implemented or Interpreted Law: 52-4-207

R455-15 Procedures for Emergency Meetings

Utah Admin. Code R455-15-1 Purpose

The Board of State History recognizes that there may be times when, due to the necessity of considering matters of an emergency or urgent nature, public notice of a board meeting may not comply with Section 52-4-202. Pursuant to Subsection 52- 4-202(5), under such circumstances those notice requirements need not be followed but rather the "best notice practicable" shall be given.

History

KEY: administrative procedures
Date of Last Change: April 7, 2022
Notice of Continuation: March 25, 2024
Authorizing, and Implemented or Interpreted Law: 52-4-202

Utah Admin. Code R455-15-2 Authority

This rule is enacted under the authority of Subsection 52-4-202(5).

History

KEY: administrative procedures
Date of Last Change: April 7, 2022
Notice of Continuation: March 25, 2024
Authorizing, and Implemented or Interpreted Law: 52-4-202

Utah Admin. Code R455-15-3 Procedure

The following procedure shall govern any emergency meeting:

A. No emergency meeting shall be held unless an attempt has been made to notify members of the Board of State History of the proposed meeting and a majority of the convened Board of State History votes in the affirmative to hold such an emergency meeting.

B. Public notice of the emergency meeting shall be provided as soon as practicable and shall include at a minimum the following:

(i) Written posting of the agenda and notice at the offices of the auditor; and

(ii) If members of the Board of State History may appear electronically or telephonically:

C. All such notices shall specify the anchor location for the meeting at which interested persons and members of the public may attend, monitor, and participate in the open portions of the meeting.

D. Notice to the members of the Board of State History shall advise how they may participate telephonically or electronically and be counted as present for all purposes, including the determination of a quorum.

E. Written, electronic or telephonic notice shall be provided to at least one newspaper of general circulation within the state and at least one local media correspondent.

F. If one or more members of the Board of State History appear electronically or telephonically, the procedures governing electronic meetings shall be followed, except for the notice requirements which shall be governed by these provisions.

G. In convening the meeting and voting in the affirmative to hold such an emergency meeting, the Board of State History 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 of meetings fulfills the requirements of Section 52-4-202.

History

KEY: administrative procedures
Date of Last Change: April 7, 2022
Notice of Continuation: March 25, 2024
Authorizing, and Implemented or Interpreted Law: 52-4-202

R455-18 Policy for Deaccessioning of Artifacts and Documentary Materials for Education and Cultural Use

Utah Admin. Code R455-18-1 Scope and Applicability

Purpose: To establish rules for handling the deaccession and disposition of artifacts and documentary materials within the Utah Historical Society's collections.

History

KEY: deaccessioning, artifacts, documentary materials, collections
Date of Last Change: December 27, 2023
Authorizing, and Implemented or Interpreted Law: 9-8-203(2)

Utah Admin. Code R455-18-2 Definitions

(1) "Society" means the Utah Historical Society.

(2) "Collections" means the items acquired by the Society and held as the property of the state and under the control of the Society.

History

KEY: deaccessioning, artifacts, documentary materials, collections
Date of Last Change: December 27, 2023
Authorizing, and Implemented or Interpreted Law: 9-8-203(2)

Utah Admin. Code R455-18-3 Policy

To maintain the quality and integrity of the Society collection, the following policy has been adopted:

(1) Any item in the Society's collection that is to be deaccessioned is not state surplus property and is not subject to the surplus property program;

(2) All items deaccessioned from the Society's collection must be approved through the appropriate channels as designated by the Society's internal policies; and

(3) The disposition of any item deaccessioned from the Society's collection will be decided by following the procedures set forth in the Society's internal policies on deaccessioning.

History

KEY: deaccessioning, artifacts, documentary materials, collections
Date of Last Change: December 27, 2023
Authorizing, and Implemented or Interpreted Law: 9-8-203(2)

R456 Indian Affairs

R456-1 Native American Grave Protection and Repatriation

Utah Admin. Code R456-1-1 General Policy Statement Regarding Native American Burials

Native American burials are regarded as spiritual and sacred ceremonies where the deceased is prepared for their journey into the next dimension of life. Once the deceased, the grave and the funerary objects are blessed, consecrated and dedicated to the care and keeping of the creator the burial site is then considered "sacred ground."
Native American burial sites discovered on state lands or non-federal lands must not be disturbed except as allowed by this rule and other applicable law. Any disturbances that are allowed should be conducted in a manner that minimizes desecration of the site.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-2 Purpose

This rule provides procedures designed to preserve the sacred nature of Native American burials by protecting Native American burial sites and insuring that the final disposition of unidentified Native American remains, discovered on state lands or non-federal lands, shall be in keeping with that sacred nature.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-3 Authority

This rule is authorized under Sections 9-9-403 and 9-9-405, the Native American Grave Protection and Repatriation Act and Subsection 9-9-104(2)(c).

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-4 Definitions

Terms used in this rule are defined in Section 9-9-402.
In addition, as used in this rule "agency" means the state agency having primary management authority over the land or state repository, including museums, where Native American remains are found.
"Committee" means the Native American Remains Review Committee.
"Director" means the Director of the Division of Indian Affairs.
"Division" means the Division of Indian Affairs.
"Scientific testing" means physical or chemical tests such as radiocarbon dating and DNA analysis, performed by a qualified technician to determine the age, ethnicity or any other pertinent information.
"Lineal descendant" means the genealogical descendant established by oral or written record or other evidence.
"Cultural affiliation" means a relationship of shared group identity that may be reasonably traced historically or prehistorically between a present-day Indian tribe and an identifiable earlier group.
"State land" as defined by Section 9-9-402.
"Non-federal land" as defined by Section 9-9-402.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-5 Scope and Applicability

This rule applies to all Native American remains found on state lands or non-federal lands.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-6 Ascertaining Lineal Descendants and Cultural Affiliation

Each agency, in consultation with Antiquities Section, State Historic Preservation Office, shall compile an inventory of acquired ancient human remains and report updates of the inventory to the Committee biannually until the remains have been determined to be unclaimed, unaffiliated, or placed in the burial vault.

a. The inventory shall identify the lineal descent, cultural affiliation, and geographic location of the remains to the extent possible, and upon completion, the inventory shall be sent to the Director to disseminate to the Committee, Indian tribes, and all interested parties.

b. The inventory of lineal descent and cultural affiliation shall be completed in consultation with appropriate tribes and tribal government representatives, which consultation shall be coordinated and facilitated by the Division.

The agency shall have one year from date of discovery to complete research for an assessment of lineal descent or cultural affiliation.

a. The documentation for the inventory can consist of existing agency records, relevant studies, other pertinent data for determining lineal descent, the cultural affiliation, geographical origin, and basic facts surrounding the acquisition of ancient human remains.

b. Evidence of a lineal descendant or cultural affiliation to ancient human remains shall be established by using the following types of evidence: kinship, biological, archaeological, anthropological, linguistic, folklore, oral tradition, historical, geographical, or other relevant information or expert opinion.

Lineal descent and cultural affiliation assessments shall be established by a preponderance of the evidence. Agencies do not have to establish lineal descent or cultural affiliation with scientific certainty.
If an agency has made a good faith effort to consult and identify the remains, but has been unable to complete the process within the one year time frame, the agency may appeal to the Committee for an extension. The Committee may grant an extension upon findings of good faith effort.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-7 Notification of Possible Owners of the Remains

Once the Division has been notified of the discovery of Native American remains and a lineal descendant ascertained by the agency, the Director shall notify any known or possible lineal descendants, Indian tribes in Utah, and all other interested parties within 30 days.
If no lineal descendants can be ascertained, and if the cultural affiliation of the remains has been determined by the agency, the Director shall notify within 30 days all Indian tribes in Utah and any other interested parties who have requested notification and have designated a contact person.
If no lineal descendant or cultural affiliation to any tribe can be ascertained, or the geographic location of discovery of the remains is unknown, the Director shall notify all Indian tribes in Utah and any other interested parties who have requested notification and have designated a contact person, of known information regarding the remains.
Notice to the tribes shall include a request that the tribes take reasonable steps to notify their members of the discovery and of the process and time limits for filing an intent to claim by posting the notice in a public place or by including it in tribal news media.
Any interested party may request notification of the discovery and repatriation process of Native American remains by sending a letter to the Division, specifying a contact person to be notified in the event of a discovery and an address where they can be reached.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-8 Claims of Ownership

Lineal descendants or Indian tribes may assert a claim of ownership for the remains by notifying the Division of their intent to claim within 45 days from the date that notification is sent out by the Division. Lineal descendants or Indian tribes will have 60 days from the Division's receipt of the Intent to Claim notice to provide substantiating documentation.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-9 Determination of Ownership

When only one claimant has asserted a claim of ownership with an intent to claim notice regarding a claim of lineal descent or cultural affiliation, the Director shall request a written petition from the claimant, substantiating the claim. The claimant will have 60 days from the Divisions receipt of the intent to claim notice, to deliver substantiating documents. Once the Division receives the substantiating documents or the 60 days has expired, the Director shall notify the agency of all claims with substantiating documents, or lack of claims, within ten business days. If the claimant makes a substantial showing of lineal descent or cultural affiliation the agency will make a determination of lineal descent or cultural affiliation and grant ownership of the remains to that claimant.
When two or more claimants have asserted claims of ownership with intent to claim notices for lineal descent or cultural affiliation, the Director shall request a written petition from the claimants, substantiating the claims. The claimants will have 60 days from the Division's receipt of the intent to claim notices to deliver substantiating documents. Once the Division receives the substantiating documents or the 60 days has expired, the Director shall notify the agency of all claims with substantiating documents, or lack of claims, within ten business days. If the agency determines both claimants have made a substantial showing of lineal descent or cultural affiliation, the Director and Committee shall facilitate a resolution of the competing claims. If the facilitation of resolution between claimants does not result in resolution, determination of ownership shall be made by the agency in consultation with the Director and Committee based upon a preponderance of the evidence in an informal proceeding which shall comply with Section 63G-4-101.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-10 Procedure for the Resolution of Claims for Lineal Descent or Cultural Affiliation

After the expiration of time for the substantiating documents of claims regarding lineal descent or cultural affiliation to be submitted has occurred, and the agency has determined all claims have made a substantial showing, the Director, in consultation with the agency and Committee, shall schedule a time within 60 days to facilitate the resolution of the competing claims and shall notify the claimants of such date.
In an informal proceeding, the Director and Committee shall meet with competing claimants and facilitate the resolution between claimants if at all possible.
If the facilitation of resolution of the competing claims does not result in resolution, the agency shall conduct an informal hearing at which the competing claimants shall be allowed to testify, present evidence, and comment on issues concerning their claim.

a. Lineal descent or cultural affiliation may be established by genealogical records, archaeological records, oral or written history, oral tradition, scientific analysis, relevant tribal records, associated funerary objects and any other supporting material.

The agency shall grant ownership to the claimant that has shown the closest lineal descent, or if none, to the tribe that has shown the strongest genetic or cultural relationship with the remains, by a preponderance of the evidence.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-11 Adjudication of Disputed Claims

If any party is dissatisfied with the agency's or Director's decision, the claimants may appeal the decision to the Committee. The Committee shall review the decision and issue findings relating to the identity of, the cultural affiliation of the remains, or an Aboriginal land use determination, which shall be used in accordance with Subsection 9-9-403(6).
A copy of the Committee's findings and the Director's or agency's decision shall be mailed to each of the claimants and interested parties who have designated a contact person along with a notice explaining the procedure for seeking an appeal of the Director's or agency's decision in the District Court where the agency that has temporary possession of the remains pending this process, is located.
If no party has filed an appeal in the District Court within 30 days, the Director's or agency's decision shall be binding upon the parties.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-12 Disposition of Unidentified and Unclaimed Remains

When lineal descent and cultural affiliation cannot be determined, and the Division has notified all Indian tribes in Utah and any other interested parties who have requested notification and have designated a contact person, and has received no intent to claim notices within 30 days, then the Director shall, upon recommendation of the agency and in consultation with the Committee, coordinate at least every six months, the placement of the ancient human remains in the Indian burial vault or other designated cemetery until further information regarding the identity and owner of the remains can be obtained.
If the remains have not been excavated and have gone through the determination of ownership and control process and are unclaimed, the remains may be permanently left in place upon final approval by the agency and in consultation with the Director.
If the remains have been excavated and have gone through the determination of ownership process and are unclaimed, the remains shall be re-interred in the Indian Burial Repository or other designated cemeteries throughout the state.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-13 Re-interment of Ancient Human Remains

Annually, or as needed, the Director shall present to the Committee an inventory of remains that have completed the process of repatriation and have been determined to be without a lineal descendant or cultural affiliation or unclaimed, that reside in the burial vault. The Director shall include a plan for interment regarding the final resting place of the remains in either the burial vault or designated cemetery, and with approval of the Committee, the Director shall coordinate the interment of the remains.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-14 Role and Responsibilities of Committee

The Committee shall meet quarterly or as deemed necessary to monitor the identification process described in Section R456-1-10 conducted by the agency for lineal descent or cultural affiliation claims per Subsection 9-9-405(3).

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-15 Disposition of Remains Once Ownership has been Determined

If the remains have not been excavated, the owner of the remains may excavate the remains pursuant to Sections 76- 5-802 and 76-5-803, for repatriation elsewhere or may leave the remains in place, subject to agreement by the agency or non- federal agency.
If the remains have already been excavated pursuant to Rule R455-4, the owner or person or tribe in control of the remains may then take possession of the remains from the agency that has temporary possession of the remains.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-16 Scientific Investigation of Remains

No scientific investigation beyond that allowed in Section 9-9-4 shall be conducted on remains except upon written permission granted by the Director in consultation with the Committee.
If the ownership of the remains has not been determined, and further information regarding the identity and owner of remains becomes available, the agency or other interested parties may petition the Committee to recommend removal of the remains from the Indian burial vault or designated cemetery for testing.

a. The agency will provide to the Committee and Director a report specifying the nature and duration of the testing and the Committee will determine per majority vote whether to grant the removal request.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

Utah Admin. Code R456-1-17 Savings Provision

If, following the conclusion of the process to determine ownership of human remains using lineal descent and cultural affiliation, an owner cannot be identified by the responsible agency, tribes may submit claims based on Aboriginal land to the Division. The Director shall make a determination of ownership based upon findings of the Committee and in consultation with the landowner.

History

KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405

R457 Pete Suazo Utah Athletic Commission

R457-1 Pete Suazo Utah Athletic Commission Act Rule

Utah Admin. Code R457-1-101 Title

This rule is known as the "Pete Suazo Utah Athletic Commission Act Rule."

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-102 Definitions

In addition to the definitions in Title 9, Chapter 23 Pete Suazo Utah Athletic Commission Act, the Commission adopts following definitions to this rule:

(1) For purposes of Section 9-23-304, "amateur boxing" means a live boxing contest conducted in accordance with the standards and regulations of USA Boxing, Inc., and in which the contestants participate for a non-cash purse.

(2) "Applicant" means an Organization Which Promotes Amateur Boxing in the State as defined in this section.

(3) "Boxing" means the sport of attack and defense using the fist, covered by an approved boxing glove.

(4) "Designated Commission member" means a member of the Commission designated as supervisor for a contest and responsible for the conduct of a contest, as assisted by other Commission members, Commission personnel, and others, as necessary and requested by the designated Commission member.

(5) "Drug" means a controlled substance, as defined in Title 58, Chapter 37, Utah Controlled Substances Act, or alcohol.

(6) "Elimination Tournament" means a contest involving unarmed combat in which contestants compete in a series of matches until not more than one contestant remains in any weight category.

(7) "Grant" means the Commission's distribution of monies as authorized under Subsection 9-23-304(3).

(8) "Organization Which Promotes Amateur Boxing in the State" means an amateur boxing club located within the state, registered with USA Boxing Incorporated.

(9) "State Fiscal Year" means the annual financial reporting period of the state, beginning July 1 and ending June 30.

(10) "Unprofessional conduct" is as defined in Subsection 9-23-101(25), and is defined further to include the following:

(a) as a promoter, failing to promptly inform the Commission of all matters relating to the contest;

(b) as a promoter, substituting a contestant in the 24 hours immediately preceding the scheduled contest without approval of the Commission;

(d) testing positive for drugs or alcohol in a random body fluid screen before or after participation in any contest;

(e) testing positive for HIV, Hepatitis B or C;

(f) failing or refusing to comply with a valid order of the Commission or a representative of the Commission; and

(g) entering into a secret contract that contradicts the terms of the contracts filed with the Commission;

(h) providing false or misleading information to the Commission or a representative of the Commission;

(i) behaving at any time or place in a manner deemed by the Commission to reflect discredit to unarmed combat;

(j) engaging in any activity or practice that is detrimental to the best interests of unarmed combat;

(k) knowing that an unarmed contestant suffered a serious injury before a contest or exhibition and failing or refusing to inform the Commission about that serious injury; and

(l) conviction of a felony or misdemeanor, except for minor traffic violations.

(11) A "training facility" is a location which holds scheduled training of unarmed combat contestants.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-201 Authority - Purpose

The Commission adopts this rule under the authority of Sections 9-23-308 and 9-23-318, to enable the Commission to administer Title 9, Chapter 23 Pete Suazo Utah Athletic Commission Act. Title R457 to enable the Commission to implement Section 9-23-304 to facilitate the distribution of General Fund monies to Organizations Which Promote Amateur Boxing in the state.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-202 Scope and Organization

(1) Pursuant to Title 9, Chapter 23 Pete Suazo Utah Athletic Commission Act, general provisions codified in Sections R457-1-101 through R457-1-512 apply to all contests or exhibitions of "unarmed combat," as that term is defined in Subsection 9-23-101(23).

(2) Sections R457-1-601 through R457-1-623 shall apply only to contests of boxing, as defined in Subsection R457-1- 102(1).

(3) Sections R457-1-701 through R457-1-702 shall apply only to elimination tournaments, as defined in Subsection R457-1-102(4).

(4) Section R457-1-801 shall apply only to martial arts contests and exhibitions. Section R457-1-901 shall apply only to White-Collar Contests.

(5) The Sections R457-1-1001 through R457-1-1004 shall apply only to grants for amateur boxing.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-203 Adoption of the "Unarmed Combat" Rules

(1) The Commission incorporated by reference the following unified rules for unarmed combat set forth by the Association of Boxing Commission and Combative Sports:

(a) Unified Rules of Boxing, approved August 3, 2016;

(b) Unified Rules of Mixed Martial Arts, approved August 1, 2019;

(d) Mixed Martial Arts Judging Criteria, approved August 2, 2016; and

(e) Unified Rules Mixed Martial Arts Fouls, approved 2017.

(2) The Commission incorporated by reference the following rules, as amended, for unarmed combat:

(a) PSUAC Unified Rules for Muay Thai, approved 2017;

(b) International Kickboxing Federation Rules for Muay Thai, 2023;

(d) Association of Boxing Commissions (ABC) Bare Knuckle Fighting Unified Rules, adopted August 2, 2023.

(3) In advance of an event, the promoter shall identify to the Director the set of rules to which the entire event will adhere.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-301 Qualifications for Licensure

(1) In accordance with Section 9-23-301, a license is required for a person to act as or represent that they are a:

(a) promoter;

(b) timekeeper;

(d) contestant;

(e) second;

(f) matchmaker;

(g) referee; or

(h) judge.

(2) A licensed amateur contestant may not:

(a) compete against a professional unarmed combat contestant;

(b) receive a purse, or a percentage of ticket sales; or

(c) other remuneration, other than for reimbursement for reasonable travel expenses and per diem, consistent with IRS guidelines.

(3) A licensed manager or contestant may not act as a referee or judge for any event or contestant affiliated with a gym or training facility they have been involved with during the past 12 months.

(4) A promoter may not hold a license as a referee, judge, second or contestant.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-302 Licensing - Procedure

(1) In accordance with the authority granted in Section 9-23-308, the expiration date for licenses issued by the Commission shall be one year from the date of issuance.

(2) A contestant may designate a manager as outlined in Section R457-1-504.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-401 Designation of Adjudicative Proceedings

(1) The Commission designates any of the following as an informal adjudicative proceeding:

(a) any action to revoke, suspend, restrict, place on probation or enter a reprimand as to a license;

(b) approval or denial of applications for:

(i) initial licensure;

(ii) reinstatement of a license; and

(iii) renewal of a license;

(d) the withholding of a purse by the Commission under Section 63N-10-313; or

(e) protests against the results of a contest.

(2) An individual may seek an adjudicated hearing before the Commission for the matters listed in Subsection (1) by submitting a written request to the Director within 30 days from the date of the action or result.

(3) Subject to the exception under Subsection 63G-4-202(3) or unless otherwise stipulated to, the Commission designates any other adjudicative proceeding before the Commission not specifically listed in under Subsection (1), as an informal adjudicative proceeding.

(4) The Commission may designate any adjudicative proceeding as a formal adjudicated proceeding at the outset.

(5) The Commission may convert any informal adjudicative proceeding to a formal adjudicative proceeding, and any formal adjudicative proceeding to an informal adjudicative proceeding, in accordance with Section 63G-4-202.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-402 Adjudicative Proceedings in General

(1) The procedure for an adjudicative proceeding is under Section 63G-4-203 for an informal adjudicative proceeding and Section 63G-4-204 for a formal adjudicative proceeding; and this rule.

(2) Unless the Commission determines otherwise, the Commission shall act as the sole presiding officer in any adjudicative proceeding, and where applicable, serve as the fact finder in any adjudicative proceeding.

(3) A majority vote of the Commission shall constitute its decision. The Director may sign the order or, in the Director's absence, the Chair of the Commission in accordance with Section 63G-4-208 for formal proceedings and Subsection 63G-4-203(1) for informal proceedings.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-403 Additional Procedures for Immediate License Suspension

(1) Under Section 9-23-303, the designated Commission member, or in the absence of a designated Commission member the Director may issue an order immediately suspending the license of a licensee upon a finding that the licensee presents an immediate and significant danger to the licensee, other licensees, or the public.

(2) The suspension shall be at such time and for such period as the Commission believes is necessary to protect the health, safety, and welfare of the licensee, other licensees, or the public.

(3) A licensee whose license has been immediately suspended may, within 30 days after the decision of the designated Commission member, challenge the suspension by submitting a written request for a hearing to the Director. The Commission shall schedule the hearing as soon as is reasonably practical but before 30 days from the receipt of the written request, unless the Commission and the party requesting the hearing agree to conduct the hearing at a later date.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-404 Evidentiary Hearings in Informal Adjudicative Proceedings

(1) A request for an evidentiary hearing in an informal adjudicative proceeding shall be submitted in writing no later than 20 days following the issuance of the Commission's notice of agency action if the proceeding was initiated by the Commission, or together with the request for agency action, if the proceeding was not initiated by the Commission, in accordance with the requirements set forth in the Utah Administrative Procedures Act, Title 63G, Chapter 4.

(2) Unless otherwise agreed upon by the parties, no evidentiary hearing shall be an informal adjudicative proceeding unless the Commission served timely notice of the hearing upon the parties as required by Subsection 63G-4-203(1)(d). Timely notice means service of a Notice of Hearing upon all parties no later than ten days before any scheduled evidentiary hearing.

(3) Parties may testify, present evidence, and comment on the issues at an evidentiary hearing in an informal adjudicative proceeding.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-405 Reconsideration and Judicial Review

Agency review is not available as to any order or decision entered by the Commission. However, any person aggrieved by an adverse determination by the Commission may either seek reconsideration of the order pursuant to Section 63G-4-302 or seek judicial review of the order pursuant to Sections 63G-4-401 through 63G-4-404.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-501 Promoter's Responsibilities in Arranging a Contest

(1) Before a licensed promoter may hold a contest or single contest as part of a single promotion, the promoter shall file with the Commission an application for a permit to hold the contest not less than 15 days before the date of the proposed contest, or not less than seven days for televised contests.

(2) The application shall include the date, time, and place of the contest as well as information concerning the on-site emergency facilities, personnel, and transportation.

(3) The permit application must include a contest registration fee determined by the Department under Section 63J-1- 504.

(4) To grant a permit to hold a contest, the promoter shall post a surety bond with the Commission in the amount of $20,000, or total sum of the contestant purses, official's fees and estimated Commission fees, whichever is greater. Promoters who have held less than five unarmed combat events in the state shall deposit an additional $20,000 minimum Cashier's Check or Bank Draft with the Commission no later than seven days before the event or the Commission may cancel the event.

(5) Before the scheduled time of the contest, the promoter shall have available for inspection the completed physical facilities used directly or indirectly for the contest. The designated Commission member shall inspect the facilities in the presence of the promoter or the promoter's authorized representative. The promoter may correct all deficiencies cited upon inspection before the contest.

(6) A promoter shall verify the identity, record, and suspensions of each contestant. A promoter remains responsible for the accuracy of the names and records of each of the participating contestants in all publicity or promotional material.

(7) A promoter shall ensure that a contestant is not disproportionately outclassed in a contest.

(8) Before a contest begins, the promoter shall give the designated Commission member the funds necessary for payment of contestants, referees, judges, timekeeper, and the attending physicians. The designated Commission member shall pay each contestant, referee, and judge in the presence of one witness.

(9) A promoter shall remain free of the influence of alcohol or controlled substances:

(a) during the contest;

(b) until after the Commission pays all contestants; and

(10) The promoter shall be responsible for payment of any Commission fees deducted from a contestant's purse, if the fees are not collected directly from the contestant at the conclusion of the bout or if the contestant fails to compete in the event.

(11)(a) At the time of an unarmed combat contest weigh-in, the promoter of a contest shall provide primary insurance coverage for each uninsured contestant and secondary insurance for each insured contestant in the amount of $20,000 for each licensed contestant, to provide medical, surgical and hospital care for licensed contestants who are injured while engaged in a contest or exhibition.

(b) The term of the insurance coverage shall not require the contestant to pay a deductible for the medical, surgical or hospital care for injuries the contestant sustains while engaged in a contest of exhibition;

(c) If a licensed contestant pays for the medical, surgical or hospital care for injuries sustained during a contest or exhibition, then the insurance proceeds shall reimburse the contestant or the contestant's beneficiaries as reimbursement for the payment.

(d) The promoter shall also provide life insurance coverage of $20,000 for each contestant in case of death resulting from injuries sustained during a contest or exhibition;

(e) The contestant, or any other party, may not waive the required medical insurance and life insurance coverage.

(f) A contestant seeking medical insurance reimbursement for injuries sustained during an unarmed combat event shall obtain medical treatment for their injuries within 72 hours of their bout and maintain written records of their treatment, expenses and correspondence with the insurance provider and promoter to ensure coverage.

(g) The promoter may not delay or circumvent the timely processing of an insurance claim submitted by a contestant injured during a contest or exhibition.

(12) In addition to the payment of any other fees and money due under this part, the promoter shall pay the following event fees:

(a) the event attendance fee established in the adopted Fee Schedule on the date of the event;

(b) the applicable fees assessed by the Association of Boxing Commissions and Combative Sports designated official record keeper, if not previously paid by the promoter; and

(c) 3% of the first $500,000 and 1% of each of the next $1,000,000 increments, of the total gross receipts from the sale, lease, or other exploitation of internet, broadcasting, television, and motion picture rights for any contest or exhibition thereof, without any deductions for Commissions, brokerage fees, distribution fees, advertising, contestants' purses or any other expenses or charges, except in no case shall the fee be more than $50,000.

(13) The Commission may:

(a) exempt from the payment any of the assessed fees under this section for a special contest or exhibition based on factors which include:

(i) a showcase event promoting a greater interest in contests in the state;

(ii) attraction of the optimum number of spectators;

(iii) costs of promoting and producing the contest or exhibition;

(iv) ticket pricing;

(v) committed promotions and advertising of the contest or exhibition;

(vi) rankings and quality of the contestants;

(vii) committed television and other media coverage of the contest or exhibition; and

(viii) contribution to a 501(c)(3) charitable organization; and

(b) require the promoter to provide a surety deposit to the Commission to fulfill the requirements of subsection(a).

(14) The promoter shall pay the Commission within 45 days of the event.

(15) The promoter shall notify and provide the Commission with certified copies of any contracts, agreements or transfers of any internet, broadcasting, television, and motion picture rights for any contest or exhibition within seven days of any such agreements.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-502 Ringside Requirements and Equipment

(1) Each promoter shall provide all the following:

(a) Commission-approved gloves in whole, clean and in sanitary condition for each contestant;

(b) stools for use by the seconds;

(d) a stretcher, which shall be available near the ring and near the ringside physician;

(e) a portable resuscitator with oxygen;

(f) seats at ringside for the assigned officials;

(g) seats at ringside for the designated Commission member;

(h) ring, cage, cleaning supplies, including bucket, towels, and disinfectant;

(i) a public address system;

(j) a separate dressing room for each sex if contestants of both sexes are participating;

(k) a separate room for physical examinations;

(l) the promoter shall provide a separate dressing room for event officials unless the physical arrangements of the contest site make an additional dressing room impossible;

(m) adequate security personnel who are either licensed as a security guard by the Division of Professional Licensing, or who are off duty police officers; and

(n) sufficient bout sheets for ring officials and the designated Commission member.

(2) An ambulance with attendants will always be on site when contestants are competing. The promoter shall make arrangements for a replacement ambulance if the first ambulance is required to transport a contestant for medical treatment. The promoter shall communicate the location of the ambulance and the arrangements for the substitute ambulance service to the physician.

(3) A promoter shall only hold contests in facilities that conform to the laws, ordinances, and regulations regulating the county, city, town, or village where the bouts are situated.

(4) A promoter or contestant shall not utilize restrooms as dressing rooms, for physical examinations or weigh-ins.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-503 Contracts

(1) Pursuant to Section 9-23-312, the promoter shall file a copy of the contract between a promoter and a contestant with the Commission before a contest begins. The contract received by the Commission shall embody all agreements between the parties.

(2) A contestant's manager may sign a contract on behalf of the contestant. If a contestant does not have a licensed manager, the contestant shall sign the contract.

(3) A contestant shall use the contestant's own legal name to sign a contract. However, a contestant licensed under another name may sign the contract using the contestant's licensed name if the contestant's legal name appears in the body of the contract as the name under which the contestant is legally known.

(4) The contract between a promoter and a contestant shall be for the use of the contestant's skills in a contest, and a promoter may not require the contestant to sell tickets to pay for the contestant's services.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-504 Manager

(1)(a) Managers, as designated by the contestant and applicant, may submit and request transfer of medical records between athletic Commissions for licensure within the Association of Boxing Commissions and Combative Sports.

(b) This ability to submit and request transfer of medical records does not grant managers access to medical records with the Commission licensing system.

(2) To obtain a manager license, an applicant must:

(a) file an affidavit with the Commission to recognize the manager, signed by both parties; and

(b) submit the license application fee as set forth by the Commission Fee Schedule, incorporated by reference on August 18, 2023.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-505 Complimentary Tickets

(1)(a) Limitation on issuance, calculation of price, and service charge for payment to contestant working on percentage basis.

(b) A promoter may not issue complimentary tickets for more than 4% of the seats in the house without the Commission's written authorization. The Commission may not consider complimentary tickets which it authorizes under this section to constitute part of the total gross receipts from admission fees for the purposes of calculating the license fee prescribed in Section 9-23-304.

(c) If complimentary tickets are issued for more than 4% of the seats in the house, then for each contestant who works on a percentage basis, the promoter shall pay the contestant a percentage of the normal price of all complimentary tickets more than 4% of the seats in the house, unless the contract between the contestant and the promoter provides otherwise and stipulates the number of complimentary tickets issued. In addition, if a promoter or its agent charges a service fee for complimentary tickets, then the promoter may pay the contestant a percentage of that service fee, less any deduction for federal taxes and fees.

(d) Pursuant to Section 9-23-304 a promoter shall file, within 10 days after the contest, a report indicating how many complimentary tickets the promoter issued and the value of those tickets.

(2)(a) Complimentary ticket and tickets at reduced rate, persons entitled or allowed to receive such tickets, duties of promoter, disciplinary action, fees and taxes.

(b) Each promoter shall provide tickets without charge to the following persons who may not be liable for the payment of any fees for those tickets:

(i) the Commission members, Director and representatives;

(ii) principals and seconds who are engaged in a contest or exhibition which is part of the program of unarmed combat; and

(iii) holders of lifetime passes issued by the Commission, and any lifetime passes shall be subject to the following:

(A) approval based on the sole discretion of the Commission by majority vote;

(B) holder shall notify the Director of their intent to attend an event;

(D) any Commission Member or Director may nominate an individual to receive a lifetime pass; and

(E) Revocation by a majority vote of the Commission.

(c) Each promoter may provide tickets without charge or at a reduced rate to the following persons who shall be liable for payment of applicable fees on the reduced amount paid, unless the person is a journalist, police officer or firefighter as provided in this subsection:

(i) any of the promoter's employees, and if the promoter is a corporation, to a director or officer who is regularly employed or engaged in promoting programs of unarmed combat, regardless of whether the Director or officer's duties require admission to the particular program and regardless of whether the Director or officer is on duty at the time of that program;

(ii) employees of the Commission;

(iii) a journalist who is performing a journalist's duties; and

(iv) a firefighter or police officer that is performing the duties of a firefighter or police officer.

(d) Each promoter shall perform the following duties in relation to the issuance of complimentary tickets or those issued at a reduced price:

(i) the promoter will issue clearly marked "PRESS" badges to the press. No more tickets may be issued to journalists than will permit comfortable seating in the press area;

(ii) seating at the press tables or in the press area must be journalists who are covering the contest or exhibition and to other persons designated by the Commission;

(iii) the promoter shall submit a list of passes issued to journalists to the Commission before the contest or exhibition;

(iv) the promoter may sell only one ticket at a reduced price to any manager, second, contestant or other person licensed by the Commission;

(v) the Commission or Director may approve, in advance, any credential issued by the promoter which allows an admission to the program without a ticket; and

(iv) the promoter shall request for the issuance of such credentials at least 5 hours before the first contest or exhibition of the program.

(e) Admission of any person who does not hold a ticket or who is non-exempt pursuant to this section is grounds for suspension or revocation of the promoter's license or for the assessment of a penalty.

(f) The Commission shall collect all fees and taxes due on any ticket that is not specifically exempt pursuant to this section, and for any person admitted without a ticket in violation of this section.

(3) Reservation of area for use by Commission. For every program of unarmed combat, the promoter of the program shall reserve seats at ringside for use by the designated Commission member and Commission representatives.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-506 Physical Examination - Physician

(1) The ringside physician, designated by the Commission, shall exam each contestant not less than one hour before a contest. The examination shall include a detailed medical history and a physical examination of all the following:

(a) eyes;

(b) teeth;

(d) neck;

(e) chest;

(f) ears;

(g) nose;

(h) throat;

(i) skin;

(j) scalp;

(k) head;

(l) abdomen;

(m) cardiopulmonary status;

(n) neurological, musculature, and skeletal systems;

(o) pelvis; and

(p) the presence of controlled substances in the body.

(2) If after the examination the physician determines that a contestant is unfit for competition, the physician shall notify the Commission of this determination, and the Commission shall prohibit the contestant from competing.

(3) The physician shall provide a written certification of those contestants who are in good physical condition to compete.

(4) Before a bout, a female contestant may provide the ringside physician with a signed pregnancy waiver. If not provided the Commission may prohibit the contestant from competing.

(5) The Commission may not issue a license to a contestant who has had cardiac surgery, unless a cardiovascular surgeon has certified the contestant as fit to compete.

(6) A contest may not begin until a physician and an attended ambulance are present. The physician may not leave until the decision in the final contest has been announced and all injured contestants have been attended to.

(7) The contest may not begin until the physician ringside. The physician shall remain at that location for the entire fight, unless it is necessary for the physician to attend to a contestant.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-507 Drug Testing

(1) The Commission prohibits administration of or use of any of the following, before or during a contest or exhibition to or by any unarmed combatant:

(a) alcohol;

(b) illicit drug;

(d) drug or injection not approved by the Commission, including the drugs or injections listed by The Association of Boxing Commission for Boxing and Mixed Martial Arts in any part of the body.

(2) The Commission prohibits the following types of drugs, injections or stimulants for any unarmed combatant:

(a) any drug or substance identified on the World Anti-Doping Code International Standard Prohibited List, effective January 1, 2023, published by the World Anti-Doping Agency, which is incorporated by reference and made available, free of charge, at www.wada-ama.org; and

(b) World Anti-Doping Agency (WADA) thresholds set the standard level on prohibited substances unless otherwise prescribed by the Commission rules;

(3) The Commission discourages the following types of drugs or injections for any unarmed combatant:

(a) aspirin and products containing aspirin; and

(b) nonsteroidal anti-inflammatories.

(4) The Commission allows the use of the following types of drugs or injections:

(a) antacids, such as Maalox;

(b) antibiotics, antifungals or antivirals that have been prescribed by a physician;

(d) antihistamines for colds or allergies, such as Bromphen, Brompheniramine, Chlorpheniramine Maleate, Chlor- Trimeton, Dimetane, Hismal, PBZ, Seldane, Tavist-1 or Teldrin;

(e) antinauseants, such as Dramamine or Tigan;

(f) antipyretics, such as Tylenol;

(g) antitussives, such as Robitussin, if the antitussive does not contain codeine;

(h) antiulcer products, such as Carafate, Pepcid, Reglan, Tagamet or Zantac;

(i) asthma products in aerosol form, such as Brethine, Metaproterenol, Alupent, Salbutamol, Albuterol, Proventil or Ventolin;

(j) asthma products in oral form, such as Aminophylline, Cromolyn, Nasalide or Vanceril;

(k) ear products, such as Auralgan, Cerumenex, Cortisporin, Debrox or Vosol;

(l) hemorrhoid products, such as Anusol-HC, Preparation H or Nupercainal;

(m) laxatives, such as Correctol, Doxidan, Dulcolax, Efferyllium, Ex-Lax, Metamucil, Modane or Milk of Magnesia;

(n) nasal products, such as AYR Saline, HuMist Saline, Ocean or Salinex; and

(o) the following decongestants:

(i) Afrin;

(ii) Oxymetazoline HCL Nasal Spray; or

(iii) any other decongestant that is pharmaceutically similar to the decongestants in this subsection.

(5) At the request of the Commission, the designated Commission member, or the ringside physician, a licensee shall submit to a test of body fluids to determine the presence of drugs or other prohibited substances. A licensee shall give an adequate sample, or the Commission shall consider the sample inadequate and a denial by the licensee. The promoter shall pay for any costs of testing.

(6) If the test results in a finding of the presence of a prohibited substance or metabolite or if the licensee is unable or unwilling to provide a sample of body fluids for such a test within 60 minutes of notification, the Commission may take one or more of the following actions:

(a) immediately suspend the licensee's license in accordance with Section R457-1-403;

(b) stop the contest in accordance with Section 9-23-309;

(d) withhold the contestant's purse in accordance with Section 9-23-313.

(7) A contestant who is disciplined pursuant to this rule and who was the winner of a contest shall be disqualified and the decision of the contest shall be changed to "no contest" and shall be fined a minimum of their win bonus.

(8) Unless the Commission determines otherwise at a scheduled meeting, a licensee who tests positive for prohibited substances or their metabolites shall be penalized as follows:

(a) First offense - 180 day suspension;

(b) Second offense - 1 year suspension, and mandatory completion of a supervisory treatment program approved by the Commission that licensed the event;

(c) Third offense - 2 year suspension, and mandatory completion of a supervisory treatment program approved by the Commission that licensed the event; and

(d) in the case of failure by the contestant to fully disclose all medications taken within 30 days of their pre-fight physical, before their bout, the Commission shall deem this as unprofessional conduct and double the length of any applicable suspension, or any other combination of remedies as defined by the Commission based upon mitigating or aggravating circumstances.

(9) Medical Cannabis. For a contestant who for the first-time tests positive for medical cannabis above the threshold level set by USADA/WADA (15ng/mL) the Commission shall fine up to $100. The fine shall escalate to $200 if in the future, a contestant again tests positive for cannabis above the threshold.

(10)(a) Therapeutic Use Exemptions (TUEs). An applicant or licensee who believes the applicant or licensee has a therapeutic reason to use a substance described in Subsection R457-1-506(2) may apply in advance using a form approved by the Director, for a TUE to permit continued use of that substance.

(b) The Director may approve an application for a TUE for medical cannabis prescribed by a registered qualified medical provider in accordance with the Utah Medical Cannabis Act, or if a contestant is a resident of another state, then medical cannabis prescribed as allowed by the statute of another state. After an application, the Commission may grant other substances, after a public hearing.

(d) Supporting medical information shall accompany the request sufficient to allow the Commission to determine whether to grant their request.

(e) In reaching its decision, the Commission will, at a minimum, determine whether the licensee satisfied all of the following criteria:

(i) the applicant or licensee would experience a significant impairment to health if the prohibited substance were to be withheld in the course of treating an acute or chronic medical condition;

(ii) the therapeutic use of the prohibited substance would produce no additional enhancement of performance other than that anticipated by a return to a state of normal health following the treatment of a legitimate medical condition;

(iii) the use of any Prohibited Substance or Prohibited Method to increase "low-normal" levels of any endogenous hormone is not an acceptable Therapeutic intervention;

(iv) the applicant or licensee has attempted to use reasonable therapeutic alternatives to the prohibited substance or no reasonable alternative exists; and

(v) the necessity for the use of the otherwise prohibited substance is not a result, wholly or in part, of a prior non- therapeutic use of any substance described in Subsection R457-1-506(2).

(f) The Commission may, in its sole discretion, either grant or deny the request or refer the request to the Voluntary Anti-Doping Association (VADA) or similar evaluating body for a recommendation. The evaluating body shall obtain such evaluation and expert consultation as the body deems necessary. The evaluating body shall present the Commission with a written recommendation and a detailed basis for that recommendation.

(g) The applicant shall be responsible to pay any costs associated with the TUE evaluation and all subsequent mandated compliance testing.

(h) The Commission shall cancel the TUE, if:

(i) the contestant does not promptly comply with any requirements or conditions imposed by the Commission;

(ii) the TUE's term has expired; or

(iii) the Commission withdraws the TUE and notifies the contestant.

(11) Failure to disclose the use of a substance described in Subsection R457-1-506(2) constitutes unprofessional conduct and subject to additional disciplinary action under Section 9-23-303.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-508 HIV Testing

(1) All contestants shall provide evidence in the form of a competent laboratory examination certificate verifying that the contestant is HIV negative at the time of the weigh-in.

(2) The Commission shall only recognize as valid an examination certificate for a HIV test completed within 180 days before the contest.

(3) Any contestant with a positive HIV test shall not participate in a contest.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-509 Hepatitis B Surface Antigen (HBsAg) and Hepatitis C Virus (HCV) Antibody Testing

Contestants shall produce evidence of a negative test for HBsAg and HCV antibody as a condition to participation in a contest as follows:

(1) A competent laboratory examination certificate, completed at most one year before the contest, verifying that the contestant is negative at the time of the weigh-in.

(2) The Commission may reduce the one year expiration time period for testing to protect public safety in the event of an outbreak.

(3) Any contestant whose HBV or HCV result is positive shall not participate in a contest.

(4) In lieu of a negative HBsAg test result, a contestant may present laboratory testing evidence of immunity against Hepatitis B virus based on a positive Hepatitis B surface antibody (anti-HBs) test result or of having received the complete Hepatitis B vaccine series as recommended by the Advisory Committee on Immunization Practices.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-510 Contestant Use or Administration of Any Substance

(1) The Commission only allows use or administration of drugs, stimulants, or non-prescription preparations by or to a contestant during a contest as provided by this rule.

(2) A contestant may consume only water during a contest.

(3) A contestant may use petroleum jelly, as determined by the referee.

(4) A contestant may use coagulants, adrenaline 1/1000, avetine, and thrombin, as approved by the Commission, between rounds to stop the bleeding of minor cuts and lacerations sustained by a contestant, except as follows:

(i) contestants may not use Monsel's solution, silver nitrate, flex collodion also known as new skin, or substances having an iron base; and

(ii) the use of any substance described in subsection (i) is cause for immediate disqualification.

(5) The ringside physician shall monitor the use and application of any foreign substances administered to a contestant before or during a contest and shall confiscate any suspicious foreign substance for laboratory analysis, and the physician or laboratory shall forward the results to the Commission.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-511 Weighing-In

(1) Unless otherwise approved by the Commission for a specific contest, the weigh-in shall occur not less than six nor more than 36 hours before the start of a contest. The designated Commission member or authorized Commission representative shall weigh-in each contestant in the presence of other contestants.

(2) The Commission may grant licenses when the contestants are weighed in.

(3) Only contestants previously approved by the Commission for the contest may weigh-in.

(4) Each contestant must weigh-in, in the presence of the contestant's opponent, a representative of the Commission and an official representing the promoter, on scales approved by the Commission at any place designed by the Commission.

(5) The contestant must have all weights stripped from the contestant's body before the contestant is weighed but may wear shorts. The Commission may permit a contestant to wear a singlet or sports bra for modesty.

(6) The Commission may require a contestant to weigh in more than once for any cause deemed sufficient by the Commission.

(7) A contestant who fails to make the weight agreed upon in the contestant's bout agreement forfeits:

(a) 25% of the contestant's purse if no lesser amount is set by the Commission's representative; or

(b) a lesser amount set by the Director and approved by the Commission, unless the weight difference is 1 pound or less.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-512 Event Officials

(1) Selection and approval of event officials for a contest, bout, program, match, or exhibition shall occur as outlined in this rule.

(2) The event officials are the referees, judges, timekeeper and physicians.

(3) Any event official participating in a contest, bout, match, or exhibition must obtain the approval of the Commission.

(4) The Commission shall decide the number of officials assigned to the event based on the number of rounds, bouts, or championship bouts.

(5) The number of event officials required or the substitution of officials for any reason or at any time during the event shall be solely within the power and discretion of the Commission.

(6)(a) Event officials may not be under the influence of alcohol or illicit drugs.

(b)(i) At the request of the Commission, an event official shall submit to a test of body fluids to determine the presence of prohibited drugs or alcohol.

(ii) The event official shall give an adequate sample or it will be considered a denial, and the event official may not participate in future events.

(iii) The promoter shall pay for any costs of testing.

(c) Unless the Commission determines otherwise at a scheduled meeting, the Commission shall penalize an event official who tests positive for alcohol or illegal drugs as follows:

(i) First offense - 180 day prohibition from participating in unarmed combat events;

(ii) Second offense - 1 year prohibition from participating in unarmed combat events; and

(iii) Third offense - 2 year prohibition from participating in unarmed combat events.

(7) Event officials shall station themselves at places designated by the Commissioner in Charge or Director.

(8) Referees, judges, timekeepers, and physicians shall be independent contractors of the Commission.

(9) The licensed promoter for the event shall pay the judges, referees and timekeepers officiating at any event, bout, program, match, or exhibition are in accordance with the Fee Schedule approved by the Commission.

(10) The promoter shall pay to the Commission the total fees set by the Commission for all officials whom the Commission approves to officiate in a contest or exhibition.

(11) Event Officials' Minimum Fee Schedule: Refer to Fee Schedule approved by the Commission on August 18, 2023. Event Officials' Compensation amount per event, day or night shall be:

(a) Referees $325;

(b) Judges $225; and

(12) If any licensee of the Commission protests the assignment of a referee or judge, the Commission will review the matter by two Commissioners, or a Commissioner and the Commission Director or Chief Inspector, to make such disposition of the protest as the facts may justify. The Commission may deny untimely protests.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-513 Announcer

(1) The promoter shall select the event announcer.

(2) At the beginning of a contest, the announcer shall announce that the contest is under the auspices of the Commission.

(3) The announcer shall announce the names of the referee, judges, and timekeeper when the competitions are about to begin, and any changes made in officials as the contest progresses.

(4) The announcer shall announce the names of all contestants, their weight, professional record, their city and state of residence, and country of origin if not a citizen.

(5) An announcer may not engage in unprofessional conduct.

(6)(a) The announcer may not be under the influence of alcohol or illicit drugs.

(b)(i) At the request of the Commission, an announcer shall submit to a test of body fluids to determine the presence of drugs or alcohol.

(ii) The event official shall give an adequate sample or it will be considered a denial and the official shall be prohibited from participating in future events.

(iii) The promoter shall pay for any costs of testing.

(c) Unless the Commission determines otherwise at a scheduled meeting, an announcer who tests positive for alcohol or illegal drugs shall be penalized as follows:

(i) First offense - 180-day prohibition from participating in unarmed combat events.

(ii) Second offense - 1-year prohibition from participating in unarmed combat events.

(iii) Third offense - 2-year prohibition from participating in unarmed combat events.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-514 Timekeeper

(1) A timekeeper shall announce the beginning and end of each round by striking the gong.

(2) A timekeeper shall have an alerting device and a stopwatch.

(3) Ten seconds before the beginning of each round, the timekeeper shall warn the contestants of the time by sounding the alert device.

(4) If a contest terminates before the scheduled limit of rounds, the timekeeper shall inform the announcer of the exact duration of the contest.

(5) The timekeeper shall keep track of and record the exact amount of time that any contestant remains on the canvas.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-515 Stopping a Contest

(1) The referee may stop a contest to ensure the integrity of a contest or to protect the health, safety, or welfare of a contestant or the public for any one or more of the following reasons:

(a) injuries, cuts, or other physical or mental conditions that would endanger the health, safety, or welfare of a contestant if the contestant were to continue with the competition;

(b) one-sided nature of the contest;

(d) refusal or inability of a contestant to comply with the rules of the contest.

(2) If a referee stops a contest, the referee shall disqualify the contestant, where appropriate, and recommend to the designated Commission member to withhold the purse of that professional contestant pending an impoundment decision in accordance with Section 9-23-313.

(3) The designated Commission member may stop a contest at any stage in the contest to decide to withhold the purse when there is a significant question with respect to the contest, the contestant, or any other licensee associated with the contest, pursuant to Section 9-23-313.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-516 Ringside Physician

(1) "Ringside Physician" as used in this section, means a physician approved by the Commission to attend boxing and martial arts contests as required by Section R457-1-506.

(2) Ringside physicians shall meet all the following criteria:

(a) have a current and unrestricted license issued by the Utah Division of Professional Licensing;

(b) complete a license application; and

(3) Ringside Physicians not previously approved as a ringside physician shall:

(a) hold staff privileges in medicine, surgery, or emergency medicine in a general acute care facility accredited by the Joint Commission on Accreditation of Health Organizations;

(b) attend a ringside physician training clinic before a licensure; and

(4) Notwithstanding Subsection (3)(c) a supervised physician may act as the second physician in attendance at a contest.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-517 Competing in an Unsanctioned Unarmed Combat Event

(1) The Commission shall deny issuing a license to a contestant who has competed in an unarmed combat event not sanctioned by an Association of Boxing Commission (ABC) member Commission for a period of 60 days from the date of the event.

(2) Unarmed combat contestants, currently licensed by the Commission cannot compete in an unarmed combat event until 60 days from the date of their last competition in an unarmed combat event not sanctioned by an ABC member Commission.

(3) After competing in an unsanctioned unarmed combat event, a contestant must submit new blood tests results drawn within 30 days of their scheduled event.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-601 Boxing - Contest Weights and Classes

The Commission adopts the Boxing Contest Weights and Classes as established by the Association of Boxing Commission and Combative Sports.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-602 Boxing - Contest Officials

(1) The officials for each boxing contest shall consist of not less than the following:

(a) one referee;

(b) three judges;

(d) one physician licensed in good standing in Utah.

(2) A licensed referee, judge, or timekeeper may not officiate at a contest unless conducted under the authority or supervision of the designated Commission member.

(3) A referee or judge may not participate or accept an assignment to officiate when that assignment may tend to impair the referee's or judge's independence of judgment or action in the performance of the referee's or judge's duties.

(4) A judge shall sit midway between the ring posts of the ring, but not on the same side as another judge, and shall have an unimpaired view of the ring.

(5) A referee may not be assigned to officiate more than 32 scheduled rounds in one day, except when substituting for another referee who is incapacitated.

(6) A referee may not wear jewelry that might cause injury to the contestants. Glasses, if worn, shall be protective athletic glasses or goggles with plastic lenses and a secure elastic band around the back of the head.

(7) Referees, seconds working in the corners, the designated Commission member, and physicians may wear rubber gloves in the performance of their duties.

(8) No official shall be under the influence of alcohol or controlled substances while performing the official's duties.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-603 Boxing - Contact During Contests

(1) Beginning one minute before the first round begins, only the referee, contestants, and the chief second may be in the ring. The referee shall clear the ring of all other individuals.

(2) Once a contest has begun, only the referee, contestants, seconds, judges, Commission representatives, physician, the announcer and the announcer's assistants shall be allowed in the ring.

(3) At any time before, during or after a contest, the referee may order unauthorized individuals to clear the ring and technical area.

(4) The referee, on the referee's own initiative, or at the request of the designated Commission member, may stop a bout at any time if individuals refuse to clear the ring and technical area, dispute a decision by an official, or seek to encourage spectators to object to a decision either verbally, physically, or by engaging in disruptive conduct.

(a) If the individual involved in disruptive conduct or encouraging disruptive conduct is the manager or second of a contestant, the referee may disqualify the contestant or order the deduction of points from that contestant's score.

(b) If the conduct occurred after the decision announcement, the Commission may change the decision, declare no contest, or pursue disciplinary action against any licensed individual involved in the disruptive conduct.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-604 Boxing - Referees

(1) The chief official of a boxing contest shall be the referee.

(2) The referee shall:

(a) decide all questions arising in the ring during a contest that are not addressed in this rule;

(b) before each contest begins, determine the name and location of the physician assigned to officiate at the contest and each contestant's chief second;

(d) make sure that the contestants understand the final instructions through an interpreter and shall use suitable gestures and signs during the contest, when necessary; and

(e) inspect a contestant's body for application of a foreign substance.

(3) After receiving the final instructions under Subsection (2), the contestants shall shake hands and retire to their respective corners.

(4) No individual other than the contestants, the referee, and the physician when summoned by the referee, may enter the ring or the apron of the ring during the progress of a round.

(5) If a contestant's manager or second steps into the ring or onto the apron of the ring during a round, the fight shall be halted and the referee may eject the manager or second from the ringside working area. If the manager or second steps into the ring or onto the apron a second time during the contest, the fight may be stopped and the decision may be awarded to the contestant's opponent due to disqualification.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-605 Boxing - Injuries and Cuts

(1) When a fair blow causes an injury or cut, and because of the severity of the blow the contest cannot continue, then the injured contestant shall be declared the loser by technical knockout.

(2) If a contestant intentionally fouls the opponent and produces an injury or cut, and due to the severity of the injury the injured contestant cannot continue, then the contestant who commits the foul shall be declared the loser by disqualification.

(3) If a contestant receives an intentional butt or foul and the contest can continue, the referee shall penalize the contestant who commits the foul by deducting two points. The referee shall notify the judges that the injury or cut has been produced by an intentional unfair blow so that if in the subsequent rounds the same injury or cut becomes so severe that the contest has to be suspended, the decision will be awarded as follows:

(a) a technical draw if the injured contestant is behind on points or even on a majority of scorecards; and

(b) a technical decision to the injured contestant if the injured contestant is ahead on points on a majority of the scorecards.

(4) If a contestant injures himself or herself while trying to foul the opponent, the referee may not take any action in the contestant's favor, and the referee shall consider the injury the product of a fair blow from the opponent.

(5)(a) In the event of an accidental foul, the referee shall stop the action to inform the judges and acknowledge the accidental foul during a contest and then can continue the contest.

(b) If in subsequent rounds, as a result of legal blows, the accidental foul injury worsens and the contestant cannot continue, the referee shall stop the contest and declare a technical decision with the winner being the contestant who is ahead on points on a majority of the scorecards.

(6) If a contestant receives an unintentional foul in a contest and due to the severity of the injury the contestant cannot continue, the referee shall rule as follows:

(a) if the injury occurs before the completion of four rounds, declare the contest a technical draw; or

(b) if the injury occurs after the completion of four rounds, declare that the winner is the contestant who has a lead in points on a majority of the scorecards before the round of injury.

(7) If in the opinion of the referee, a contestant has suffered a dangerous cut or injury, or other physical or mental condition, the referee may stop the bout temporarily to summon the physician. If the physician recommends that the contest should not continue, the referee shall terminate the contest.

(8) A low blow does not terminate a fight. The referee may give a contestant not more than five minutes if the referee believes a foul has been committed. The referee will instruct each contestant to return to the contestant's respective corner. The contestants may sit in their respective corners with their mouthpiece removed. After removing their contestant's mouthpiece, the seconds must return to their seats. The seconds may not coach, administer water, or in any other way attend to their contestant, except to replace the mouthpiece when the round is ready to resume.

(9) A physician shall immediately examine and administer aid to a contestant who is knocked out or injured.

(10) When a contestant is knocked out or made incapacitated, the referee or second may not handle the contestant, except for the removal of a mouthpiece, unless directed by the physician to do so.

(11) A contestant may not refuse an examination by the ringside physician.

(12) A contestant may not leave the site of the contest until one hour has elapsed from the time of the examination after a knock out or until released by the physician.

(13) A physician shall file a written report with the Commission on each contestant who has been knocked out or injured.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-606 Boxing - Knockouts

(1) A knocked down contestant shall take a minimum mandatory count of eight.

(2) In the event of a knockdown, the timekeeper shall immediately start the count loud enough for the referee, who, after waving the opponent to the farthest neutral corner, shall pick up the count from the timekeeper and proceed from there. The referee shall stop the count if the opponent fails to remain in the corner, which will resume when the opponent has returned to the corner.

(3) The timekeeper shall signal the count to the referee.

(4) If the contestant taking the count is still down when the referee calls the count of ten, the referee shall wave both arms to show that the contestant has been knocked out. The referee shall summon the physician and shall then raise the opponent's hand as the winner. The referee's count is the official count.

(5) If at the end of a round, a contestant is down and the referee is in the process of counting, the timekeeper may not sound the gong. The timekeeper may only sound the gong when the referee gives the command to box indicating the continuation of the bout.

(6) In the final round, the timekeeper's gong shall end the fight.

(7) The referee shall award a technical knockout decision to the opponent if a contestant is unable or refuses to continue when the gong sounds to begin the next round. The referee shall award the decision in the round started by the gong.

(8) The referee and timekeeper shall resume their count at the point it was suspended if a contestant arises before the count of ten is reached and falls down again immediately without being struck.

(9) If both contestants go down at the same time, counting will be continued as long as one of them is still down or until the referee or the ringside physician determines that one or both of the contestants needs immediate medical attention. If both contestants remain down until the count of ten, the bout will be stopped and the decision will be scored as a double knockout.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-607 Boxing - Procedure After Knockout or Contestant Sustaining Damaging Head Blows

(1) A contestant who has lost by a technical knockout may not fight again for a period of 30 calendar days or until the contestant has submitted to a medical examination. The Commission may require such physical exams as necessary.

(2) A ringside physician shall examine a contestant who has been knocked out in a contest or a contestant whose fight has been stopped by the referee because the contestant received hard blows to the head that made the contestant defenseless or incapable of continuing immediately after the knockout or stoppage. The ringside physician may order post-fight neurological examinations, which may include computerized axial tomography (CAT) scans or magnetic resonance imaging (MRI) performed on the contestant immediately after the contestant leaves the location of the contest. The ringside physician shall forward all post-fight neurological examination results to the Commission as soon as possible.

(3) The ringside physician shall submit a report that records the amount of punishment a fighter absorbed to the Commission within 24 hours of the end of the fight.

(4) A ringside physician may require any contestant who has sustained a severe injury or knockout in a bout to have a thorough examination by a physician within 24 hours of the bout. The physician shall submit the physician's findings to the Commission. Upon the physician's recommendation, the Commission may prohibit the contestant from boxing until the contestant recovers and may extend any such suspension imposed.

(5) All medical reports that are submitted to the Commission relative to a physical examination or the condition of a contestant shall be confidential and shall be open for examination only by the Commission and the licensed contestant upon the contestant's request to examine the records or upon the order of a court of competent jurisdiction.

(6)(a) A contestant who has been knocked out or who received excessive hard blows to the head that made the contestant defenseless or incapable of continuing may not be permitted to take part in competitive or noncompetitive boxing for a period of not less than 60 days. Noncompetitive boxing shall include any contact training in the gymnasium.

(b) The contestant's manager and seconds have the responsibility to assure that the contestant complies with the rule in this subsection.

(c) Violation of this rule could result in the indefinite suspension of the contestant and the contestant's manager or second.

(7) A contestant may not resume boxing after any period of rest prescribed in Subsections R457-1-613(1) and (6), unless following a neurological examination, a physician certifies the contestant as fit to take part in competitive boxing. Failure to secure and return to the Commission, a certified examination clearing the contestant as fit to compete, by a physician before resuming boxing, shall result in an automatic suspension.

(8) A contestant who has lost six consecutive fights cannot compete again until the Commission has reviewed the results of the six fights or the contestant has submitted to a medical examination by a physician.

(9) A contestant who has suffered a detached retina shall result in an automatic suspension. The Commission may not reinstate the contestant until the contestant submits a medical certified examination by an ophthalmologist clearing the contestant fit to compete.

(10) A contestant who is prohibited from boxing in other states or jurisdictions due to medical reasons shall be prohibited from boxing in accordance with this rule. The Commission shall consider the contestant's entire professional record regardless of the state or country in which the contestant's fights occurred.

(11) A contestant or the contestant's manager shall report any change in the contestant's medical condition that may affect the contestant's ability to fight safely.

(12) The Commission may, at any time, require current medical information on any contestant.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-608 Boxing - Waiting Periods

The number of days that shall elapse before a contestant who has competed anywhere in a bout may participate in another bout shall be as follows:

TABLE 1

Length of Bout (In scheduled rounds)

Required Interval (In days)

5-9

10-12

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-609 Boxing - Contestant Outside the Ring Ropes

(1) A contestant who has been knocked out, wrestled, pushed, or has fallen through the ropes during a contest may not be helped back into the ring, nor shall the contestant be hindered in any way by anyone when trying to reenter the ring.

(2) When one contestant has fallen through the ropes, the other contestant shall retire to the farthest neutral corner and stay there until ordered to continue the contest by the referee.

(3)(a) The referee shall determine if the contestant has fallen through the ropes as a result of a legal blow or otherwise.

(b) If the referee determines that the contestant fell through the ropes as a result of a legal blow the referee shall warn the contestant that the contestant must immediately return to the ring.

(4) If the contestant fails to immediately return to the ring following the warning by the referee, the referee shall begin the loud ten count.

(5) The contest shall resume if the contestant enters the ring before the count of ten.

(6) The referee shall consider the contestant knocked out if the contestant fails to enter the ring before the count of ten.

(7) When a contestant has accidentally slipped or fallen through the ropes, the contestant shall have 20 seconds to return to the ring.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-610 Boxing - Seconds

(1) A contestant may not have more than four seconds, and a contestant shall designate one second as the chief second. The chief second remains responsible for the conduct in the corner during a contest. During the rest period, one second shall be allowed inside the ring, two seconds shall be allowed on the apron and one second shall be allowed on the floor.

(2) All seconds shall remain seated during the round.

(3) A second may not spray or throw water on a contestant during a round.

(4) A contestant's corner may not heckle or in any manner annoy the contestant's opponent or the referee, or throw any object into the ring.

(5) A second may not enter the ring until the timekeeper has indicated the end of a round.

(6) A second shall leave the ring at the timekeeper's whistle and shall clear the ring platform of all objects or obstructions at the sound of the gong indicating the beginning of a round. Objects may not occupy the ring floor until the round has ended or the contest has terminated.

(7) A referee may eject a second from a ring corner for violations of the Subsections R457-1-609(6) and R457-1- 608(4) of this rule, stepping into the ring and disruptive behavior, and may have the judges deduct points from a contestant's corner.

(8) A second may state to the referee that the second's contestant cannot continue and that referee should stop the contest. Only verbal notification or hand signals may indicate defeat; the throwing of a towel into the ring does not indicate the defeat of the contestant.

(9) A second may not administer alcoholic beverages, narcotics, or stimulants to a contestant, pour excessive water on the body of a contestant, or place ice in the trunks or protective cup of a contestant during the progress of a contest.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-611 Boxing - Managers

A manager may not sign a contract for the appearance of a contestant if the manager does not have the contestant under contract.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-612 Boxing. Identification - Photo Identification Cards

(1) Each contestant shall provide two pieces of identification to the designated Commission member before participation in a fight. One of the pieces of identification shall be a recent photo identification card issued or accepted by the Commission when the contestant receives the contestant's original license.

(2) The photo identification card shall contain the following information:

(a) the contestant's name and address;

(b) the contestant's social security number;

(d) a photograph of the contestant; and

(e) the contestant's height and weight.

(3) The Commission shall honor similar photo identification cards from other jurisdictions.

(4) Unless otherwise approved by the Commission, a contestant may not compete if the contestant's photo identification card is incomplete or if the contestant fails to present the photo identification card to the designated Commission member before the bout.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-613 Boxing - Dress for Contestants

(1) Contestants shall wear the following:

(a) trunks belted at the contestant's waistline:

(i) waistline, means an imaginary horizontal line drawn through the navel to the top of the hips; and

(ii) trunks may not have any buckles or other ornaments on them that might injure a contestant or referee;

(b) a foul-proof pelvic area protector for male contestants;

(d) a fitted mouthpiece; and

(e) gloves meeting the requirements specified in Section R457-1-604.

(2) In addition to the clothing required pursuant to Subsections R457-1-622(1)(a) through (e), a contestant shall wear a body shirt or blouse without buttons, buckles, or ornaments.

(3) A contestant shall cut or secure hair so as not to interfere with the contestant's vision.

(4)(a) A contestant may not wear corrective lenses other than soft contact lenses into the ring.

(b) An interruption for the purpose of replacing or searching for a soft contact lens may not occur.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-614 Boxing - Failure to Compete

A contestant's manager shall immediately notify the Commission if the contestant cannot compete in a contest due to illness or injury. The Commission may approve a physician to examine the contestant.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-615 Boxing -- Change of Decision After Contest or Exhibition: Factors Considered by Commission

Except as otherwise provided in Subsection R457-1-507(6), the Commission will not change a decision made at the end of any contest or exhibition unless:

(1) the Commission determines that there was collusion affecting the result of the contest or exhibition;

(2) the compilation of the scorecards of the judges discloses an error which shows that the decision incorrectly awarded a win to the wrong contestant; or

(3) as the result of an error in interpreting this section, the referee has made an incorrect decision.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-701 Elimination Tournaments

(1) The Pete Suazo Utah Athletic Commission Act, Title 9, Chapter 23, and Rule R457-1 apply to elimination tournaments, including provisions pertaining to licenses, fees, stopping contests, impounding purses, testing requirements for contestants, and adjudicative proceedings. For purposes of identification, an elimination tournament contestant shall provide any form of identification that contains a photograph of the contestant, such as a state driver's license, passport, or student identification card.

(2) Official rules of the sport. Upon requesting the Commission's approval of an elimination tournament in this state, the sponsoring organization or promoter of an elimination tournament may submit the official rules for the sport to the Commission and request the Commission to apply the official rules in the contest.

(3) The Commission may not approve the official rules of the sport and may not allow the contest to be held if the official rules are inconsistent, in any way, with the purpose of the Pete Suazo Utah Athletic Commission Act, Title 9, Chapter 23, or with the rule adopted by the Commission for the administration of that Act, Rule R457-1.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-702 Restrictions on Elimination Tournaments

Elimination tournaments shall comply with the following restrictions:

(1) An elimination tournament must begin and end within a period of 48 hours.

(2) A match shall last no more than three rounds. A round shall last one minute in duration.

(3) A contestant shall wear 16 oz. boxing gloves, training headgear, a mouthpiece and a large abdominal groin protector during each match.

(4) A contestant may participate in more than one match, but a contestant may not compete in more than a total of 12 rounds.

(5) The promoter of the elimination tournament shall be required to supply at the time of the weigh-in of contestants, a physical examination on each contestant, conducted by a physician not more than 60 days before the elimination tournament in a form provided by the Commission, certifying that the contestant is free from any physical or mental condition that indicates the contestant should not engage in activity as a contestant.

(6) The Commission shall require the promoter of the elimination tournament to supply at the time of the weigh-in the HIV test results for each contestant pursuant to Section R457-1-507 of this rule and Section 9-23-317.

(7) The Commission may impose additional restrictions in advance of an elimination tournament.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-801 Martial Arts Contests and Exhibitions

(1) All full-contact martial arts are forms of unarmed combat. Therefore, the Pete Suazo Utah Athletic Commission Act, Title 9, Chapter 23, and Rule R457-1 apply to contests or exhibitions of such martial arts, including provisions pertaining to licenses, fees, stopping contests, impounding purses, testing requirements for contestants, and adjudicative proceedings. For purposes of identification, a contestant in a martial arts contest or exhibition shall provide any form of identification that contains a photograph of the contestant, such as a state driver's license, passport, or student identification card.

(2) Upon requesting the Commission's approval of a contest or exhibition of a martial art in this state, the sponsoring organization or promoter may submit the official rules for the particular art to the Commission and request the Commission to apply the official rules in the contest or exhibition.

(3) The Commission may not approve the official rules of the particular art and may not allow the contest or exhibition to be held if the official rules are inconsistent, in any way, with the purpose of the Pete Suazo Utah Athletic Commission Act, Title 9, Chapter 23, or with the rule adopted by the Commission for the administration of that Act, Rule R457-1.

(4) A Contestant may not compete in more than one contest every six days unless otherwise cleared by a ringside physician and pending Commission approval.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-802 Martial Arts Contest Weights and Classes

The Commission adopts Martial Arts Contest Weights and Classes as established by the Association of Boxing Commission and Combative Sports.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-901 White-Collar Contests

Pursuant to Sections 9-23-316 and 9-23-318 the Commission adopts the following guidelines for White-Collar Contests:

(1) Contestants shall be at least 21 years old on the day of the contest.

(2) Competing contestants shall be of the same gender.

(3) The heaviest contestant's weight shall be no greater than 15% more than their opponent.

(4) A ringside physician, doctor of medicine or doctor of osteopathic medicine, must be present at the ringside or cage- side during each bout, and emergency medical response must be within five minutes of the training center venue.

(5) The Commission prohibits the following:

(a) ticket sales, admission fees, and donations;

(b) concession sales;

(d) knee strikes to the head to a standing or grounded opponent;

(e) elbow, forearm and triceps strikes to a standing or grounded opponent;

(f) strikes to the head of a grounded opponent;

(g) twisting leg submissions;

(h) spine attacks, including spine strikes and locks;

(i) neck attacks, including strikes, chokes and cranks;

(j) linear kicks to and around the knee joint; or

(k) dropping an opponent on the opponent's head or neck.

(6) Medical insurance coverage for each contestant that meets the requirements of Subsection R457-1-501(11), which the promoter shall provide at no expense to the contestant.

(7) The promoter shall provide full legal names, birthdates, and addresses of all contestants to the Commission no later than 72 hours before the scheduled event.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1001 Qualifications for Applications for Grants for Amateur Boxing

(1) In accordance with Section 9-23-304, each applicant for a grant shall:

(a) submit an application in a form prescribed by the Commission;

(b) provide documentation that the applicant is an "organization which promotes amateur boxing in the state"; and

(i) the financial need for the grant;

(ii) how the applicant will utilize the grant funds to promote amateur boxing; and

(iii) receipts for expenditures for which the applicant requests reimbursement.

(2) The applicant may request reimbursement for the following types of eligible expenditures:

(a) costs of travel, including meals, lodging and transportation associated with participation in an amateur boxing contest for coaches and contestants;

(b) maintenance costs; and

(3) In order for the Commission to determine an expenditure as eligible for reimbursement, an applicant shall:

(a) submit documentation supporting such expenditure to the Commission showing the expense incurred during the State Fiscal Year at issue; and

(b) submit such documentation no later than June 30 of the current State Fiscal Year at issue.

(4) The Commission will review grant applicants and select applicants will best promote amateur boxing in the state.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1002 Criteria for Awarding Grants

The Commission may consider any of the following criteria in determining whether to award a grant:

(1) whether the Commission holds any funds for purposes of amateur boxing grants under Section 9-23-304;

(2) the applicant's past participation in amateur boxing contests;

(3) the scope of the applicant's current involvement in amateur boxing;

(4) demonstrated need for the funding; or

(5) the involvement of adolescents including rural and minority groups in the applicant's amateur boxing program.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1101 Bareknuckle Rules

The Commission adopts the Association of Boxing Commission Bare Knuckle Fighting Unified Rules.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1102 Bareknuckle Fighting Contest Weights and Classes

The Commission adopts the weights and classes established by the Association of Boxing Commission and Combative Sports.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1103 Bareknuckle Ring

(1) All bareknuckle contests must occur in a boxing style ring.

(2) The commission must inspect and approve the cages or rings before an event may commence.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1104 Bareknuckle Approved Attire and Protective Equipment

(1) Contestants shall wear the following:

(a) trunks belted at the contestant's waistline:

(i) waistline means an imaginary horizontal line drawn through the navel to the top of the hips; and

(ii) trunks may not have any buckles or other ornaments on them that might injure a contestant or referee;

(b) a foul-proof pelvic area protector for male contestants;

(d) a fitted mouthpiece.

(2) In addition to the clothing required pursuant to Subsections R457-1-622(1)(a) through (c), a contestant shall wear a body shirt or blouse without buttons, buckles, or ornaments.

(3) A contestant shall cut or secure hair shall so as not to interfere with the contestant's vision.

(4) A contestant may not wear jewelry.

(5)(a) Hand wraps shall include the wrist and are restricted to 12 yards of soft gauze bandage per hand and not more than two inches in width, held in place by not more than10 yards of surgical tape, no more than one inch width.

(b) The surgical tape may not be applied within one inch of the knuckles.

(d) No tape or gauze is allowed between the contestant's fingers with the exception of the thumb where a single wrap of tape is placed when the wrist is being wrapped.

(e) Wrapping of the wrist may not extend more than three inches past the wrist juncture.

(6) A contestant may use soft neoprene-type sleeves to cover only the knee or elbow. Approved sleeves may not have: padding, Velcro, plastic, metal, ties, or any other material considered unsafe or that may create an unfair advantage other than the competitor's hands, as previously listed, there will be no taping, covering, or protective gear of any kind on the upper body. This includes:

(a) joint sleeves;

(b) padding;

(d) body gauze or tape.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1105 Bareknuckle Legal and Illegal Techniques

(1) The only legal technique allowed in Bare Knuckle Fighting is Bare Knuckle Hand Strikes with a clenched fist, which is a punch thrown with bare fists between opponents.

(2) Standard face-to-face punches are legal from the waist to the top of the head, including fighting in the clinch.

(3) Participants in the clinch may hold their opponent by the back of the neck in a downward position and punch to any legal strike zone of the opponent, with the exception of punches to the back of the head.

(4) Illegal techniques, strikes, and punches in Bare Knuckle Fighting are as follows:

(a) hitting the opponent below the belt;

(b) hitting an opponent who is down or is getting up after being down;

(d) wrestling or kicking the opponent;

(e) putting a finger into any orifice of the opponent or into any cut or laceration on an opponent, including fish hooking;

(f) pulling the opponent's hair;

(g) manipulating the opponent's fingers;

(h) striking an opponent who is helpless as the result of blows, but supported by the ropes and does not fall;

(i) butting the opponent with the head, shoulder, knee, or elbow;

(j) hitting the opponent with the elbow or forearm;

(k) striking the opponent's body over the kidneys;

(l) hitting the opponent on the back of the head or neck;

(m) gouging the opponent's eye in any manner;

(n) hitting during a break, signaled by the referee's command or physical act to separate the fighters;

(o) hitting the opponent after the bell has sounded, ending the round;

(p) using the ropes or cage to gain an advantage over the opponent;

(q) pushing the opponent around the fighting area or into the ropes or cage;

(r) timidity, excessive clenching, including intentionally spitting out the mouthpiece, running from an opponent, or other similar behavior;

(s) biting the opponent;

(t) headlocks;

(u) throat punches or strikes directly toward the throat of an opponent;

(v) fingers outstretched toward an opponent's face or eyes;

(w) no throws or takedowns;

(x) engaging in any other action not described in this subsection, deemed an intentional foul by the referee on the basis that the action poses a danger to the safety of either fighter, impedes fair and competitive play, or is unsportsmanlike;

(y) spinning back fists; and

(z) hammer-fists.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1106 Bareknuckle - Before the Start Bell

(1) The referee shall immediately ensure each fighter has removed any unnecessary clothing, such as warm-up suit, robe, and body piercings before the final instruction.

(2) A bout may not start or continue unless the ringside physician is at the ringside.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1107 Bareknuckle - Knockdown

(1) A knockdown occurs when any part of the contestant's body touches the mat other than the sole of their feet following a legal strike or is defenselessly hanging on the ropes preventing the body from falling to the mat.

(2) The referee is the only individual to determine if a knockdown occurs.

(3) If a contestant goes to the ground from anything other than a knockdown, the referee shall only restart the fight with both contestants standing.

(4) There is no three knockdown rule unless approved by the Commission.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1108 Bareknuckle - Count

(1) There is no standing eight count. When a contestant is knocked down from a legal strike, the referee will order the standing opponent to a neutral point in the ring and pick up count from the timekeeper. The referee will announce the count verbally and with motion to the downed contestant at each second of the count.

(2) If the standing opponent leaves the neutral point, the referee will stop the count and redirect them back to the neutral point, then continue counting where they left off in the count.

(3) If the downed contestant stands up at the count of eight, the referee shall evaluate if the contestant can continue.

(4) If the contestant remains down to the count of ten, the referee shall deem the contestant knocked out.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1109 Bareknuckle - Referee

(1) The referee if the sole arbiter of the assigned bout

(2) The referee, as the arbiter, is the only individual allowed to stop a contest.

(3) In the event of server injury, the referee will seek advice from the ringside physician to determine if the bout will continue.

(4) The referee is the only individual authorized to:

(a) interpret the rules and situation inside the ring;

(b) determine if a blow was legal or a foul, intentional or unintentional;

(d) determine a knockdown.

(5) The referee has the authority to disqualify a contestant. for attempting to commit a foul without warning.

(6) No referee or promoter has the authority to override a ringside physicians' authority to stop a fight.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1110 Bareknuckle - Fouls

(1) A contestant hit with an accidental low blow must continue within the allowed five minutes, or the contestant will lose the fight.

(2) A referee has discretion to disqualify a contestant who commits an intentional foul.

(3) Fouls may result in point deduction. The number of points deducted will vary depending on severity of the foul.

(4) The referee will clearly show to the judges that a foul occurred and the number of points to deduct.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1111 Bareknuckle - Bouts

(1) Bare Knuckle Fighting Bouts may not extend past a total of six rounds and a total of Eighteen 18 Minutes of fighting with one-minute rest period between rounds. The one-minute rest period does not count as part of the 18 minutes of fighting.

(2) Promoters are authorized to mix bout cards and schedule bouts for two or three-minute rounds. Regulatory Commissions shall consider the following information when approving bouts:

(a) fighter Record;

(b) combative Sports Experience;

(d) physical Condition.

(3) Participant must have competed as a professional in another martial arts discipline before competing in a bareknuckle contest.

(4) Rounds shall last for either two or three minutes.

(5) Professional debut participants shall compete in four rounds, lasting two minutes each.

TABLE 2

Rounds

MAX

Minutes

3:00

18:00

Minutes

2:00

12:00

Pro Debut

Standard

Title

(6) Female participants shall only participate in two-minute rounds.

(7) Amateur fighters cannot participate in Bareknuckle Fighting events.

(8) Bareknuckle events are stand-alone events. The Commission prohibits hybrid events.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

Utah Admin. Code R457-1-1112 Bareknuckle- Judges

(1) All bouts will be evaluated by three judges using the ten point must system.

(2) The Commission will collect Scorecards from each judge between each round.

(3) Scoring criteria and decisions will follow the Association of Boxing Commission Bare Knuckle Fighting Unified Rules adopted by the Commission.

History

KEY: licensing, boxing, unarmed combat, White-collar contests
Date of Last Change: February 20, 2024
Authorizing, and Implemented or Interpreted Law: 9-23-101 et seq.

R458 Library

R458-1 Adjudicative Procedures

Utah Admin. Code R458-1-1 Authority and Purpose

The State Library Division, Department of Cultural and Community Engagement, hereby declares, in accordance with Section 63G-4-202, that all programs, actions, or proceedings carried out under the authority of the State Library Division by State Library Division personnel which require adjudicative procedures in accordance with the Utah Administrative Procedures Act, Title 63G, Chapter 3, shall be conducted informally according to the rules adopted under Title 63G, Chapter 4.

History

KEY: administrative procedures, adjudicative procedures, informal procedures
Date of Last Change: March 24, 2023
Notice of Continuation: May 9, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-202; 63G-4-202(2); 63G-4-203

Utah Admin. Code R458-1-2 Procedures

The requirement that all adjudicative procedures be conducted informally shall apply to all current programs, actions, or proceedings for which adjudicative procedures are required and to all future programs, actions, or proceedings carried out under the authority of the State Library Division for which adjudicative procedures are required.

History

KEY: administrative procedures, adjudicative procedures, informal procedures
Date of Last Change: March 24, 2023
Notice of Continuation: May 9, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-202; 63G-4-202(2); 63G-4-203

R458-2 Public Library Online Access for Eligibility to Receive Public Funds

Utah Admin. Code R458-2-1 Authority and Policy

(1) The Utah State Library Division, Department of Cultural and Community Engagement, State of Utah, hereby adopts this rule in accordance with Sections 63G-3-101 et seq., and 9-7-213, 9-7-215, 9-7-216, and 9-7-217, for the purpose of determining public library eligibility to receive state funds.

(2) For a public library that offers public access to the Internet to qualify and retain eligibility to receive state funds, the Library Board shall adopt and enforce a Policy that meets the process and content standards defined in Section 9-7-216.

History

KEY: libraries, public library, Internet access
Date of Last Change: March 24, 2023
Notice of Continuation: July 18, 2025
Authorizing, and Implemented or Interpreted Law: 9-7-213; 9-7-215; 9-7-216; 20 U.S.C. Sec. 9101

Utah Admin. Code R458-2-2 Definitions

In addition to the terms defined in Section 9-7-101, and 9-7-215:

(1) "Minor" means any individual younger than 18 years of age.

History

KEY: libraries, public library, Internet access
Date of Last Change: March 24, 2023
Notice of Continuation: July 18, 2025
Authorizing, and Implemented or Interpreted Law: 9-7-213; 9-7-215; 9-7-216; 20 U.S.C. Sec. 9101

Utah Admin. Code R458-2-3 Reporting

(1) Each Library Board shall submit a copy of its Policy to the Director of the State Library Division no later than July 1, beginning 2001, and every three years thereafter, accompanied by a letter signed by the Library Director and Library Board Chair affirming that the Policy is intended to meet the provisions of Section 9-7-215.

(2) All documents submitted shall be classified as public records in accordance with the Government Records Access and Management Act (Title 63G, Chapter 2).

History

KEY: libraries, public library, Internet access
Date of Last Change: March 24, 2023
Notice of Continuation: July 18, 2025
Authorizing, and Implemented or Interpreted Law: 9-7-213; 9-7-215; 9-7-216; 20 U.S.C. Sec. 9101

Utah Admin. Code R458-2-4 State Library Administrative Procedures

(1) The State Library Division shall review all public library policies received by July 1, beginning 2001, for compliance with this rule.

(2) The Director of the State Library Division shall issue notices of compliance or non-compliance within 30 days following the receipt of the policy and accompanying letter affirming its compliance with Section 9-7-215. Any library not submitting a policy and accompanying letter shall receive a notice of non-compliance.

(3) Appeals to a notice of non-compliance shall be submitted in writing, within 30 days of the date of the notice, to the Executive Director of the Department of Cultural and Community Engagement, who shall respond within 30 days.

(4) A public library receiving a notice of non-compliance shall not be eligible to receive state funds until the conditions upon which the notice of non-compliance are based are corrected and a notice of compliance is received.

(5) A public library in compliance shall be eligible to receive state funds in state fiscal year beginning 2002 and subsequent years, as long as a current Policy and accompanying letter is resubmitted to the State Library Division no later than July 1, 2004, and every three years thereafter.

(6) A public library otherwise in compliance with this rule shall not lose eligibility to receive state funds unless a complaint under its Policy results in a ruling from a court of law that a violation of applicable State Statute occurred expressly due to insufficient enforcement of, or deficient language in the Policy.

History

KEY: libraries, public library, Internet access
Date of Last Change: March 24, 2023
Notice of Continuation: July 18, 2025
Authorizing, and Implemented or Interpreted Law: 9-7-213; 9-7-215; 9-7-216; 20 U.S.C. Sec. 9101

R459 STEM Action Center

R459-1 Education Computing Partnerships

Utah Admin. Code R459-1-1 Authority

(1) Subsection 9-22-1(114) requires the STEM Action Center in consultation with the Utah State Board of Education to make rules for the administration of the grant program and awarding of grants; and to define outcome-based measures appropriate to the type of grant awarded.

History

KEY: STEM action center, computing partnerships
Date of Last Change: February 15, 2022
Authorizing, and Implemented or Interpreted Law: 9-22-1

Utah Admin. Code R459-1-2 Definitions

(1) This rule adopts the definitions found in Section 9-22-1.

(2) "USBE" means Utah State Board of Education.

History

KEY: STEM action center, computing partnerships
Date of Last Change: February 15, 2022
Authorizing, and Implemented or Interpreted Law: 9-22-1

Utah Admin. Code R459-1-3 Grant Requirements and Review Process

(1) The STEM Action Center, in consultation with the USBE, will define the following grant parameters for each application cycle:

(a) maximum award amount;

(b) applicant eligibility criteria, which may include Local Education Agencies and individual schools;

(d) grant duration, i.e. one year vs. multiple years;

(e) type of grant, such as pilot vs. scale and replication; and

(f) any other details necessary to manage the grant process.

(2) The number of awards in each grant cycle may vary.

(3) Applicant eligibility criteria and grant parameters will be posted in the applications for that grant cycle.

(4) The review committee, with the organizational representation defined in Section 9-22-1, shall consist of four K-16 education representatives, with equal representation from elementary and secondary, two higher education representatives, one USBE representative, one Talent Ready Utah representative and three industry representatives. The STEM Action Center, in consultation with USBE, shall select the representatives for the review committee.

(5) The STEM Action Center Board, with recommendations by the STEM AC staff and in consultation with the USBE, shall approve final funding allocations for successful applicants. Awards will be administered by the STEM Action Center, using an established grant agreement process that has been approved by the State of Utah Division of Purchasing.

(6) Fiscal agents may apply on behalf of sub-contracted partners. If approved for funding, they shall use their organization's approved procurement procedures and policies for sub-contract awards.

History

KEY: STEM action center, computing partnerships
Date of Last Change: February 15, 2022
Authorizing, and Implemented or Interpreted Law: 9-22-1

Utah Admin. Code R459-1-4 Outcome Based Measures

(1) The STEM Action Center, with input from the review committee, shall define the outcome-based measures for each application cycle and make such measures available online or in the application for each grant cycle. The measures may be quantitative or qualitative in nature.

(2) The STEM Action Center shall provide evaluation, monitoring and reporting support for the grants through a third party evaluation partner.

History

KEY: STEM action center, computing partnerships
Date of Last Change: February 15, 2022
Authorizing, and Implemented or Interpreted Law: 9-22-1