Utah Administrative Code
Topic - Capitol Preservation Board (State)
Title R131 - Administration
Rule R131-11 - Preservation of Free Speech Activities
Section R131-11-6 - Expedited Appeals - Free Speech Activities
Universal Citation: UT Admin Code R 131-11-6
Current through Bulletin 2024-18, September 15, 2024
(1) Claims eligible for expedited appeal. The following determinations of claims regarding a free speech activity may be appealed as provided below:
(a) A
determination by the executive director that a proposed event or activity is a
commercially related special event and not exempted as a free speech
activity;
(b) A claim by an
applicant that the executive director's denial, or condition of approval, of a
proposed route, time or location for a free speech activity constitutes a
violation of this rule or an unlawful time, place or manner restriction;
or
(c) Any other claim by an
applicant that any action by the state regarding the proposed free speech
activity impermissibly burdens constitutionally protected rights of the
applicant, sponsor, participants or spectators.
(2) Process for Expedited Appeal:
(a) The Board acknowledges an obligation to
process appeals regarding a free speech activity promptly so as to not
unreasonably inhibit or unlawfully burden constitutionally protected
activities. Any time limit stated below may be lengthened if agreed to by the
appellant and the executive director.
(i) As
soon as reasonably possible, but no later than two working days after receipt
of a completed registration, the executive director shall issue a
determination, which may include lawful conditions, or notice of denial of the
registration application.
(b) The executive director may deny the
requested activity if:
(i) the requested
activity does not comply with the applicable rules;
(ii) the registrant attempts to register a
free speech activity, but the executive director determines that it is a
commercial activity;
(iii) the
event would disrupt, conflict or interfere with a state sponsored activity, a
time or place reserved for another free speech activity, the operation of state
business, and such determination is in accordance with applicable
constitutional provisions; and/or
(iv) the event poses a safety or security
risk to persons or property and such determination is in accordance with
applicable constitutional provisions.
(c) The executive director may place
conditions on the approval that alleviates such concerns and such conditions
are in accordance with this rule and applicable constitutional
provisions.
(d)
(i) If the applicant disagrees with a denial
of the request or conditions placed on the approval, the applicant may appeal
the executive director's determination by delivering the written appeal and
reasons for the disagreement to the executive director.
(ii) Within three working days after the
executive director receives the written appeal, the executive director may
modify or affirm the determination.
(iii) If the matter is still unresolved after
the issuance of the executive director's reconsideration determination, the
applicant may appeal the matter, in writing, within ten calendar days to the
Board's Budget Development and Board Operations Subcommittee Chair who will
determine the process of the appeal and provides for a determination within
five working days.
(e)
If the applicant for a free speech activity needs a more expeditious process of
an appeal, upon written request of the applicant, the Attorney General or
designee may advise the executive director, the Board's Budget Development and
Board Operations Subcommittee Chair or the Board's Chair or designee of the
need to make an immediate consideration of the appeal.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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