63G-3-301 - Rulemaking procedure.
63G-3-301. Rulemaking procedure.
(1) An agency authorized to make rules is also authorized to amend or repeal those rules.
(2) Except as provided in Sections 63G-3-303 and 63G-3-304, when making, amending, orrepealing a rule agencies shall comply with:
(a) the requirements of this section;
(b) consistent procedures required by other statutes;
(c) applicable federal mandates; and
(d) rules made by the division to implement this chapter.
(3) Subject to the requirements of this chapter, each agency shall develop and use flexibleapproaches in drafting rules that meet the needs of the agency and that involve persons affected by theagency's rules.
(4) (a) Each agency shall file its proposed rule and rule analysis with the division.
(b) Rule amendments shall be marked with new language underlined and deleted languagestruck out.
(c) (i) The division shall publish the information required under Subsection (8) on the ruleanalysis and the text of the proposed rule in the next issue of the bulletin.
(ii) For rule amendments, only the section or subsection of the rule being amended need beprinted.
(iii) If the director determines that the rule is too long to publish, the director shall publish therule analysis and shall publish the rule by reference to a copy on file with the division.
(5) Prior to filing a rule with the division, the department head shall consider and comment onthe fiscal impact a rule may have on businesses.
(6) If the agency reasonably expects that a proposed rule will have a measurable negative fiscalimpact on small businesses, the agency shall consider, as allowed by federal law, each of the followingmethods of reducing the impact of the rule on small businesses:
(a) establishing less stringent compliance or reporting requirements for small businesses;
(b) establishing less stringent schedules or deadlines for compliance or reporting requirementsfor small businesses;
(c) consolidating or simplifying compliance or reporting requirements for small businesses;
(d) establishing performance standards for small businesses to replace design or operationalstandards required in the proposed rule; and
(e) exempting small businesses from all or any part of the requirements contained in theproposed rule.
(7) If during the public comment period an agency receives comment that the proposed rulewill cost small business more than one day's annual average gross receipts, and the agency had notpreviously performed the analysis in Subsection (6), the agency shall perform the analysis described inSubsection (6).
(8) The rule analysis shall contain:
(a) a summary of the rule or change;
(b) the purpose of the rule or reason for the change;
(c) the statutory authority or federal requirement for the rule;
(d) the anticipated cost or savings to:
(i) the state budget;
(ii) local governments;
(iii) small businesses; and
(iv) persons other than small businesses, businesses, or local governmental entities;
(e) the compliance cost for affected persons;
(f) how interested persons may review the full text of the rule;
(g) how interested persons may present their views on the rule;
(h) the time and place of any scheduled public hearing;
(i) the name and telephone number of an agency employee who may be contacted about therule;
(j) the name of the agency head or designee who authorized the rule;
(k) the date on which the rule may become effective following the public comment period; and
(l) comments by the department head on the fiscal impact the rule may have on businesses.
(9) (a) For a rule being repealed and reenacted, the rule analysis shall contain a summary thatgenerally includes the following:
(i) a summary of substantive provisions in the repealed rule which are eliminated from theenacted rule; and
(ii) a summary of new substantive provisions appearing only in the enacted rule.
(b) The summary required under this Subsection (9) is to aid in review and may not be used tocontest any rule on the ground of noncompliance with the procedural requirements of this chapter.
(10) A copy of the rule analysis shall be mailed to all persons who have made timely request ofthe agency for advance notice of its rulemaking proceedings and to any other person who, by statutoryor federal mandate or in the judgment of the agency, should also receive notice.
(11) (a) Following the publication date, the agency shall allow at least 30 days for publiccomment on the rule.
(b) The agency shall review and evaluate all public comments submitted in writing within thetime period under Subsection (11)(a) or presented at public hearings conducted by the agency withinthe time period under Subsection (11)(a).
(12) (a) Except as provided in Sections 63G-3-303 and 63G-3-304, a proposed rulebecomes effective on any date specified by the agency that is no fewer than seven calendar days afterthe close of the public comment period under Subsection (11), nor more than 120 days after thepublication date.
(b) The agency shall provide notice of the rule's effective date to the division in the formrequired by the division.
(c) The notice of effective date may not provide for an effective date prior to the date it isreceived by the division.
(d) The division shall publish notice of the effective date of the rule in the next issue of thebulletin.
(e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is notfiled with the division within 120 days of publication.
(13) (a) As used in this Subsection (13), "initiate rulemaking proceedings" means the filing, forthe purposes of publication in accordance with Subsection (4), of an agency's proposed rule that isrequired by state statute.
(b) A state agency shall initiate rulemaking proceedings no later than 180 days after the
effective date of the statutory provision that specifically requires the rulemaking, except underSubsection (13)(c).
(c) When a statute is enacted that requires agency rulemaking and the affected agency alreadyhas rules in place that meet the statutory requirement, the agency shall submit the rules to theAdministrative Rules Review Committee for review within 60 days after the statute requiring therulemaking takes effect.
(d) If a state agency does not initiate rulemaking proceedings in accordance with the timerequirements in Subsection (13)(b), the state agency shall appear before the legislative AdministrativeRules Review Committee and provide the reasons for the delay.
Amended by Chapter 93, 2009 General Session