63G-3-501 - Administrative Rules Review Committee.
63G-3-501. Administrative Rules Review Committee.
(1) (a) There is created an Administrative Rules Review Committee of 10 permanentmembers and four ex officio members.
(b) (i) The committee's permanent members shall be composed of five members of theSenate, appointed by the president of the Senate, and five members of the House, appointed bythe speaker of the House, with no more than three senators and three representatives from thesame political party.
(ii) The permanent members shall convene at least once each month as a committee toreview new agency rules, amendments to existing agency rules, and repeals of existing agencyrules. Meetings may be suspended at the discretion of the committee chairs.
(iii) Members shall serve for two-year terms or until their successors are appointed.
(iv) A vacancy exists whenever a committee member ceases to be a member of theLegislature, or when a member resigns from the committee. Vacancies shall be filled by theappointing authority, and the replacement shall serve out the unexpired term.
(c) When the committee reviews existing rules, the committee's permanent membersshall invite the Senate and House chairmen of the standing committee and the Senate and Housechairmen of the appropriation subcommittee that have jurisdiction over the agency whoseexisting rules are being reviewed to participate as nonvoting, ex officio members with thecommittee.
(d) Three representatives and three senators from the permanent members are a quorumfor the transaction of business at any meeting.
(2) Each agency rule as defined in Section 63G-3-102 shall be submitted to thecommittee at the same time public notice is given under Section 63G-3-301.
(3) (a) The committee shall exercise continuous oversight of the process of rulemaking.
(b) The committee shall examine rules submitted by each agency to determine:
(i) whether or not they are authorized by statute;
(ii) whether or not they comply with legislative intent;
(iii) their impact on the economy and the government operations of the state and localpolitical subdivisions; and
(iv) their impact on affected persons.
(c) To carry out these duties, the committee may examine any other issues that itconsiders necessary. The committee may also notify and refer rules to the chairmen of theinterim committee which has jurisdiction over a particular agency when the committeedetermines that an issue involved in an agency's rules may be more appropriately addressed bythat committee.
(d) In reviewing the rules, the committee shall follow generally accepted principles ofstatutory construction.
(4) The committee may request that the Office of the Legislative Fiscal Analyst prepare afiscal note on any rule.
(5) In order to accomplish its oversight functions, the committee has all the powersgranted to legislative interim committees as set forth in Section 36-12-11.
(6) (a) The committee may prepare written findings of its review of each rule and mayinclude any recommendations, including legislative action.
(b) The committee shall provide to the agency that enacted the rule:
(i) its findings, if any; and
(ii) a request that the agency notify the committee of any changes it makes in the rule.
(c) The committee shall provide its findings to any member of the Legislature and to anyperson affected by the rule who requests the findings.
(d) The committee shall provide its findings to the presiding officers of both the Houseand the Senate, Senate and House chairs of the standing committee, and the Senate and Housechairs of the Appropriation Subcommittee that have jurisdiction over the agency whose rules arethe subject of the findings.
(7) (a) The committee may submit a report on its review of state agency rules to eachmember of the Legislature at each regular session.
(b) The report shall include:
(i) the findings and recommendations made by the committee under Subsection (6);
(ii) any action taken by an agency in response to committee recommendations; and
(iii) any recommendations by the committee for legislation.
Renumbered and Amended by Chapter 382, 2008 General Session