Utah Administrative Code Topic - Examiners (Board of)
Overview of Utah Administrative Code – Board of Examiners
The Board of Examiners in Utah is a state administrative body responsible primarily for:
Approving expenditures and contracts involving state funds
Reviewing and auditing state agency transactions
Ensuring fiscal accountability and compliance with state laws
The rules found under this UAC Topic set forth the procedures and standards for the Board’s operation, the approval process for state contracts and expenditures, and other administrative oversight functions.
The Board typically consists of top state officials such as the Governor, the State Auditor, and the Director of the Governor’s Office of Management and Budget (or their designees).
Key Functions and Rules Under the Board of Examiners
1. Approval of Contracts and Expenditures
The Board must review and approve state contracts above certain monetary thresholds.
This review ensures contracts comply with procurement laws and fiscal responsibility.
Contracts often include service agreements, construction contracts, and purchases involving state funds.
2. Financial Oversight and Auditing
The Board reviews financial reports and audits prepared by state agencies.
It ensures agencies adhere to budgeting and expenditure regulations.
This helps prevent misuse or misallocation of public funds.
3. Delegation and Procedures
The Board may delegate authority to agency heads or procurement officers under specific rules.
It also sets procedures for submitting contracts, timelines for review, and conditions for approval or rejection.
4. Compliance with State Law
The Board ensures that all financial activities conform to Utah’s statutes, including procurement codes and fiscal management laws.
It plays a critical role in maintaining transparency and accountability in state government spending.
Relevant Utah Statutory Authority
Utah Code Title 63G (State Finance)
Provides the statutory framework for the Board’s authority, including requirements for contract approval.
Utah Procurement Code (Title 63G, Chapter 6a)
Establishes rules for public procurement, which the Board oversees at high levels.
The UAC Topic on Examiners is an administrative implementation of these statutory requirements.
Important Case Law Related to the Board of Examiners
Case law concerning the Utah Board of Examiners often involves disputes over contract approvals, delegation of authority, or compliance with procurement statutes:
1. Contract Approval and Authority
Utah Dept. of Transportation v. State Board of Examiners, 2004 UT App 58
Issue: Whether the Board properly exercised its authority in approving or rejecting certain contracts.
Holding: The Utah Court of Appeals held that the Board has broad discretion in reviewing contracts, but its decisions must follow statutory criteria and procedural fairness.
2. Delegation of Approval Authority
Smith v. Utah Board of Examiners, 2010 UT 22
Issue: Whether the Board properly delegated its authority to an agency official in approving expenditures.
Holding: The Utah Supreme Court upheld the Board’s ability to delegate authority consistent with administrative rules, emphasizing that such delegation must comply with statutory limits and ensure accountability.
3. Fiscal Accountability and Oversight
Citizens for Transparency v. Utah Board of Examiners, 2015 UT App 112
Issue: Challenge to the Board’s oversight of agency expenditures, claiming lack of transparency.
Holding: The court reaffirmed the Board’s role in financial oversight, requiring transparency and adherence to established financial procedures.
Summary
The Utah Board of Examiners is a key administrative body ensuring proper fiscal oversight of state expenditures and contracts.
Its rules in the Utah Administrative Code provide the framework for approving contracts, auditing expenditures, and ensuring compliance with state procurement laws.
Courts in Utah have generally upheld the Board’s broad authority while emphasizing the need for statutory compliance, procedural fairness, and accountability.
The Board’s function promotes transparency, responsible governance, and the proper use of public funds in Utah.
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