Problem With Effective Date Introductory Language

An incorrect explanation regarding notices of effective date was published at the beginning of the Notices of Rule Effective Dates section in the 08/15/2009, 09/01/2009, and 09/15/2009 issues of the Utah State Bulletin. The published explanation incorrectly indicated that administrative rules may be made effective 31 days after publication in the Utah State Bulletin. The explanation should have read as follows:

State law provides for agencies to make their rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to file a notice of effective date any time after the close of comment plus seven days. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to file a notice of effective date on any date including or after the thirtieth day after the rule's publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses and the agency must start the rulemaking process over.

Notices of Effective Date are governed by Subsection 63G-3-301(12), 63G-3-303, and Sections R15-4-5a and 5b.

The Division regrets any confusion that may have been created by the incorrect explanation. Any questions regarding this error should be directed to Nancy L. Lancaster, Publications Editor, by phone: [phone], or by FAX: [phone], or by e-mail: [e-mail]

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