No. 34107 (5-year Review): Rule R15-4. Administrative Rulemaking Procedures  

  • DAR File No.: 34107
    Filed: 09/21/2010 09:48:36 AM

    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 63G-3-402(1) requires the Division to administer the Utah Administrative Rulemaking Act, Title 63G, Chapter 3; 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 63G-3-301(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 63G-3-402(1)(d) and 63G-3-402(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 administrative 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
    450 N STATE ST
    SALT LAKE CITY, UT 84114-1201

    Direct questions regarding this rule to:

    Authorized by:

    Kenneth Hansen, Director

    Effective:

    09/21/2010


Document Information

Effective Date:
9/21/2010
Publication Date:
10/15/2010
Filed Date:
09/21/2010
Agencies:
Administrative Services,Administrative Rules
Authorized By:
Kenneth Hansen, Director
DAR File No.:
34107
Related Chapter/Rule NO.: (1)
R15-4. Administrative Rulemaking Procedures.