63G-3-502 - Legislative reauthorization of agency rules -- Extension of rules by governor.
63G-3-502. Legislative reauthorization of agency rules -- Extension of rules bygovernor.
(1) All grants of rulemaking power from the Legislature to a state agency in any statuteare made subject to the provisions of this section.
(2) (a) Except as provided in Subsection (2)(b), every agency rule that is in effect onFebruary 28 of any calendar year expires on May 1 of that year unless it has been reauthorized bythe Legislature.
(b) Notwithstanding the provisions of Subsection (2)(a), an agency's rules do not expireif:
(i) the rule is explicitly mandated by a federal law or regulation; or
(ii) a provision of Utah's constitution vests the agency with specific constitutionalauthority to regulate.
(3) (a) The Administrative Rules Review Committee shall have omnibus legislationprepared for consideration by the Legislature during its annual general session.
(b) The omnibus legislation shall be substantially in the following form: "All rules ofUtah state agencies are reauthorized except for the following:".
(c) Before sending the legislation to the governor for the governor's action, theAdministrative Rules Review Committee may send a letter to the governor and to the agencyexplaining specifically why the committee believes any rule should not be reauthorized.
(d) For the purpose of this section, the entire rule, a single section, or any completeparagraph of a rule may be excepted for reauthorization in the omnibus legislation considered bythe Legislature.
(4) The Legislature's reauthorization of a rule by legislation does not constitutelegislative approval of the rule, nor is it admissible in any proceeding as evidence of legislativeintent.
(5) (a) If an agency believes that a rule that has not been reauthorized by the Legislatureor that will be allowed to expire should continue in full force and effect and is a rule within theirauthorized rulemaking power, the agency may seek the governor's declaration extending the rulebeyond the expiration date.
(b) In seeking the extension, the agency shall submit a petition to the governor thataffirmatively states:
(i) that the rule is necessary; and
(ii) a citation to the source of its authority to make the rule.
(c) (i) If the governor finds that the necessity does exist, and that the agency has theauthority to make the rule, the governor may declare the rule to be extended by publishing thatdeclaration in the Administrative Rules Bulletin on or before April 15 of that year.
(ii) The declaration shall set forth the rule to be extended, the reasons the extension isnecessary, and a citation to the source of the agency's authority to make the rule.
(d) If the omnibus bill required by Subsection (3) fails to pass both houses of theLegislature or is found to have a technical legal defect preventing reauthorization ofadministrative rules intended to be reauthorized by the Legislature, the governor may declare allrules to be extended by publishing a single declaration in the Administrative Rules Bulletin on orbefore June 15 without meeting requirements of Subsections (5)(b) and (c).
Renumbered and Amended by Chapter 382, 2008 General Session