No. 28265: R15-4. Administrative Rulemaking Procedures

DAR File No.: 28265
Filed: 09/29/2005, 05:20
Received by: NL

 

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 63-46a-10(1) requires the Division to administer the Utah Administrative Rulemaking Act, Title 63, Chapter 46a; to establish all filing, publication, and hearing procedures necessary to make rules; and to require state agencies to comply with filing, publication, and hearing procedures. Subsection 63-46a-4(2) requires agencies to comply with rules made by the Division to implement the Act.

 

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received since this rule was last reviewed.

 

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Rule R15-4 establishes publication dates for the Utah State Bulletin and Utah State Digest pursuant to Subsections 63-46a-10(1)(d) and 63-46a-10(1)(f); establishes filing and publication deadlines; clarifies how the 30-day comment period is calculated; clarifies filing requirements for notices of effective date, nonsubstantive changes, changes in proposed rules, and 120-day (emergency) rules; clarifies how rule text is to be marked to show changes; and provides that changes not correctly marked may or may not, at the discretion of the director or his designee, be codified. This rule is necessary and should be continued because it ensures the statutory minimum level of public access to agency rules; it helps ensure consistent application of rulemaking procedures across state agencies; and it establishes the Division's rule filing standards so that a state agency can know what to expect when it engages in rulemaking.

 

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

Administrative Services
Administrative Rules
Room 4120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

 

Direct questions regarding this rule to:

Kenneth A. Hansen at the above address, by phone at 801-538-3777, by FAX at 801-538-1773, or by Internet E-mail at [e-mail]

 

Authorized by:

Kenneth A. Hansen, Director