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H.B. 316 Enrolled
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ADMINISTRATIVE RULES PROCEDURE
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AMENDMENTS
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: David Ure
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Senate Sponsor:
Howard A. Stephenson
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LONG TITLE
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General Description:
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This bill modifies the Administrative Rulemaking Act regarding agency action on
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petitions for rule changes.
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Highlighted Provisions:
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This bill:
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. changes the earliest date when a state agency may make a proposed rule effective;
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. defines "initiate rulemaking proceedings" for purposes of agency action on a
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petition to make, amend, or repeal an administrative rule;
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. modifies the time limit for an agency to either deny a petition to make, amend, or
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repeal a rule or to initiate rulemaking proceedings based on the petition; and
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. authorizes a petitioner to appeal an agency's failure to act on or deny a petition.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63-46a-4, as last amended by Chapter 48, Laws of Utah 2005
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63-46a-12, as last amended by Chapter 241, Laws of Utah 1987
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-46a-4
is amended to read:
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63-46a-4. Rulemaking procedure.
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(1) An agency authorized to make rules is also authorized to amend or repeal those
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rules.
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(2) Except as provided in Sections
63-46a-6
and
63-46a-7
, when making, amending, or
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repealing a rule agencies shall comply with:
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(a) the requirements of this section;
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(b) consistent procedures required by other statutes;
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(c) applicable federal mandates; and
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(d) rules made by the division to implement this chapter.
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(3) Subject to the requirements of this chapter, each agency shall develop and use
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flexible approaches in drafting rules that meet the needs of the agency and that involve persons
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affected by the agency's rules.
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(4) (a) Each agency shall file its proposed rule and rule analysis with the division.
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(b) Rule amendments shall be marked with new language underlined and deleted
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language struck out.
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(c) (i) The division shall publish the information required under this Subsection (4) on
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the rule analysis and the text of the proposed rule in the next issue of the bulletin.
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(ii) For rule amendments, only the section or subsection of the rule being amended
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need be printed.
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(iii) If the director determines that the rule is too long to publish, the director shall
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publish the rule analysis and shall publish the rule by reference to a copy on file with the
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division.
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(5) Prior to filing a rule with the division, the department head shall consider and
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comment on the fiscal impact a rule may have on businesses.
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(6) The rule analysis shall contain:
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(a) a summary of the rule or change;
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(b) the purpose of the rule or reason for the change;
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(c) the statutory authority or federal requirement for the rule;
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(d) the anticipated cost or savings to:
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(i) the state budget;
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(ii) local governments; and
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(iii) other persons;
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(e) the compliance cost for affected persons;
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(f) how interested persons may review the full text of the rule;
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(g) how interested persons may present their views on the rule;
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(h) the time and place of any scheduled public hearing;
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(i) the name and telephone number of an agency employee who may be contacted
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about the rule;
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(j) the name of the agency head or designee who authorized the rule;
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(k) the date on which the rule may become effective following the public comment
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period; and
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(l) comments by the department head on the fiscal impact the rule may have on
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businesses.
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(7) (a) For a rule being repealed and reenacted, the rule analysis shall contain a
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summary that generally includes the following:
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(i) a summary of substantive provisions in the repealed rule which are eliminated from
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the enacted rule; and
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(ii) a summary of new substantive provisions appearing only in the enacted rule.
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(b) The summary required under this Subsection (7) is to aid in review and may not be
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used to contest any rule on the ground of noncompliance with the procedural requirements of
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this chapter.
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(8) A copy of the rule analysis shall be mailed to all persons who have made timely
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request of the agency for advance notice of its rulemaking proceedings and to any other person
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who, by statutory or federal mandate or in the judgment of the agency, should also receive
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notice.
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(9) (a) Following the publication date, the agency shall allow at least 30 days for public
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comment on the rule.
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(b) The agency shall review and evaluate all public comments submitted in writing
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within the time period under Subsection (9)(a) or presented at public hearings conducted by the
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agency within the time period under Subsection (9)(a).
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(10) (a) Except as provided in Sections
63-46a-6
and
63-46a-7
, a proposed rule
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becomes effective on any date specified by the agency that is no fewer than [30] seven calendar
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days after the close of the public comment period under Subsection (9), nor more than 120 days
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after the publication date.
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(b) The agency shall provide notice of the rule's effective date to the division in the
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form required by the division.
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(c) The notice of effective date may not provide for an effective date prior to the date it
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is received by the division.
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(d) The division shall publish notice of the effective date of the rule in the next issue of
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the bulletin.
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(e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is
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not filed with the division within 120 days of publication.
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Section 2.
Section
63-46a-12
is amended to read:
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63-46a-12. Interested parties -- Petition for agency action.
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(1) As used in this section, "initiate rulemaking proceedings" means the filing, for the
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purposes of publication in accordance with Subsection
63-46a-4
(4), of an agency's proposed
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rule to implement a petition for the making, amendment, or repeal of a rule as provided in this
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section.
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[(1)] (2) An interested person may petition an agency [requesting] to request the
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making, amendment, or repeal of a rule.
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[(2)] (3) The division shall prescribe by rule the form for petitions and the procedure
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for their submission, consideration, and disposition.
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[(3)] (4) A statement shall accompany the proposed rule, or proposed amendment or
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repeal of a rule, demonstrating that the proposed action is within the jurisdiction of the agency
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and appropriate to the powers of the agency.
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[(4)] (5) Within [30] 60 days after submission of a petition, the agency shall either
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deny the petition in [a] writing, stating its reasons for the denial, or initiate rulemaking
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proceedings [in accordance with Section
63-46a-4
].
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(6) (a) If the petition is submitted to a board that has been granted rulemaking authority
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by the Legislature, the board shall, within 45 days of the submission of the petition, place the
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petition on its agenda for review.
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(b) Within 80 days of the submission of the petition, the board shall either:
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(i) deny the petition in writing stating its reasons for denial; or
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(ii) initiate rulemaking proceedings.
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(7) If the agency or board has not provided the petitioner written notice that the agency
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has denied the petition or initiated rulemaking proceedings within the time limitations specified
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in Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state
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district court.
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