R458. Heritage and Arts, Library.
R458-2. Public Library Online Access for Eligibility to Receive Public Funds.
R458-2-1. Authority and Policy.
(1) The Utah State Library Division, Department of Heritage and Arts, 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, UCA, 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, UCA.
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.
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, UCA.
(2) All documents submitted shall be classified as public records in accordance with the Government Records Access and Management Act (Title 63G, Chapter 2).
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, UCA. 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 Community and Culture, 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 condition(s) upon which the notice of non-compliance is 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 the provisions of 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.
KEY: libraries, public library, Internet access
Date of Enactment or Last Substantive Amendment: March 26, 2009
Notice of Continuation: September 24, 2020
Authorizing, and Implemented or Interpreted Law: 9-7-213; 9-7-215; 9-7-216; 20 U.S.C. Sec. 9101
