No. 39636 (Emergency Rule): Rule R51-1. Public Petitions for Declaratory Rulings

DAR File No.: 39636
Filed: 09/02/2015 03:48:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule establishes the procedures for submission, review, and disposition of public petitions to the department.

Summary of the rule or change:

The rule specifies who may fill a petition, how to fill the petition, and who may review the petition. It also specifies the requirements of the department in preparing a declaratory ruling. It also details the time frame for response and the method for notifying the petitioner.

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: This rule ensures proper procedures are in place for the department to comply with Sections 63G-3-201 and 63G-4-503.

State statutory or constitutional authorization for this rule:

• Section 63G-4-503
• Section 63G-3-201

Anticipated cost or savings to:

the state budget:

There will be no new cost associated with this rule. The department has resources in place to comply with the requirements of this rule. People are already trained and in position to enforce this rule.

local governments:

There are no costs or savings anticipated to affect the local governments. There are no elements of this rule which are to be enforced by local governments, nor are there provisions that require action by local governments.

small businesses:

The rule sets out the proper procedures to petition for a declaratory ruling, there are no costs associated with the petition. Small businesses have no cost or savings associated with the procedures set out in this rule.

persons other than small businesses, businesses, or local governmental entities:

There are no fees or requirements associated with the rule which would affect any person outside of the department.

Compliance costs for affected persons:

The rule does not require any person or entity to pay any cost in the enforcement of this rule. The rule only establishes procedures to be followed by the public and the department when filing a petition.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule simply establishes the procedures to be followed in order to submit and review public petitions. There are no additional costs to the state budget or affected persons under this rule.

LuAnn Adams, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Administration
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]
• Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]

This rule is effective on:

09/02/2015

Authorized by:

LuAnn Adams, Commissioner

RULE TEXT

R51. Agriculture and Food, Administration.

R51-1. Public Petitions for Declaratory Rulings.

R51-1-1. Authority.

This rule is promulgated under the authority of Section 63G-3-201, and Section 63G-4-503, and provides the procedures for submission, review, and disposition of petitions for agency declaratory rulings on the applicability of statutes, rules, and orders governing or issued by the Department of Agriculture and Food.

 

R51-1-2. Definitions.

A. Terms used in this rule are defined in Section 63G-3-102, except "Agency" means The Utah Department of Agriculture and Food.

B. In addition:

1. "Declaratory ruling" means an administrative interpretation or explanation of rights, status, and other legal relations under a statute, rule, or order; and

2. "Applicability" means a determination if a statute, rule, or order should be applied, and if so, how the law stated should be applied to the facts.

 

R51-1-3. Petition Procedure.

A. Any person or agency may petition for a declaratory ruling.

B. The petition shall be addressed and delivered to the Commissioner of Agriculture and Food.

C. The Department of Agriculture and Food shall stamp the petition with the date of receipt.

 

R51-1-4. Petition Form.

The petition shall:

1. be clearly designated as a request for an agency declaratory ruling;

2. identify the statute, rule, or order to be reviewed;

3. describe the situation or circumstances in which applicability is to be reviewed;

4. describe the reason or need for the applicability review;

5. include an address and telephone where the petitioner can be reached during regular working hours; and

6. be signed by the petitioner.

 

R51-1-5. Petition Review and Disposition.

A. The Commissioner or designee shall:

1. review and consider the petition;

2. prepare a declaratory ruling stating:

a. the applicability or non-applicability of the statute, rule, or order at issue;

b. the reason for the applicability or non-applicability of the statute, rule, or order; and

c. any requirements imposed on the agency, the petitioner, or any person as a result of the ruling.

B. The Department may:

1. interview the petitioner;

2. hold a public hearing on the petition;

3. consult with counsel or the Attorney General; or

4. take any action the agency, in its judgment, deems necessary to provide the petition adequate review and due consideration.

C. The Department of Agriculture and Food shall prepare the declaratory ruling without unnecessary delay and shall send the petitioner a copy of the ruling by certified mail, or shall send the petitioner notice of progress in preparing the ruling, within 30 days of receipt of the petition.

D. The Department of Agriculture and Food shall retain the petition and a copy of the declaratory ruling in its records.

 

KEY: administrative procedures

Date of Enactment or Last Substantive Amendment: September 2, 2015

Authorizing, and Implemented or Interpreted Law: 63G-4-503; 63G-3-201

 

 

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