No. 29188 (Amendment): R15-2. Public Petitioning for Rulemaking

DAR File No.: 29188
Filed: 11/01/2006, 03:59
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division is amending Rule R15-2 to make its language conform to amendments made to Section 63-46a-12 by H.B. 316 (2006 General Session). This portion of the bill extended the time an agency has to respond to a petition for rulemaking from 30 days to 60 days for an agency or 80 days for a board. (DAR NOTE: H.B. 316 (2006) is found at Chapter 141, Laws of Utah 2006, and was effective 05/01/2006.)

Summary of the rule or change:

With this proposed amendment, the Division is making the rule conform to Section 63-46a-12, and is making other changes for clarification. At Section R15-2-2, the Division is adding a new definition for "petitioner." At Section R15-2-3, the Division is restating the sentence in active voice to clarify who must act. At Section R15-2-4, the Division is clarifying the information a petitioner must provide. At Section R15-2-5, the Division replaces language referring to the old time frame provided by Section 63-46a-12 with a reference to the statute.

State statutory or constitutional authorization for this rule:

Section 63-46a-12

Anticipated cost or savings to:

the state budget:

This proposed amendment imposes no costs nor accrues any savings to the state budget. The proposed amendment only makes the Division's rule consistent with H.B. 316. Any costs or savings related to this change were taken into account by the fiscal note to H.B. 316.

local governments:

The Division does not regulate local government. Therefore, there are no costs or savings to local government.

other persons:

This proposed amendment imposes no costs nor accrues any savings to other persons. The proposed amendment only makes the Division's rule consistent with H.B. 316. Any costs or savings related to this change were taken into account by the fiscal note to H.B. 316.

Compliance costs for affected persons:

Persons affected by this rule include individuals or businesses who might petition an agency to change a rule. This rule imposes no costs nor accrues any savings to these persons. The proposed amendment only makes the Division's rule consistent with H.B. 316 and clarifies existing language.

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

This proposed amendment brings the Division's existing rule into compliance with Section 63-46a-12 as amended by H.B. 316, and clarifies existing language. It does not have any fiscal impact on business. Richard Ellis, Executive Director

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]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2006

This rule may become effective on:

12/22/2006

Authorized by:

Kenneth A. Hansen, Director

RULE TEXT

R15. Administrative Services, Administrative Rules.

R15-2. Public Petitioning for Rulemaking.

R15-2-2. Definitions.

(1) Terms used in this rule are defined in Section 63-46a-2.

(2) [In addition,]Other terms are defined as follows:

(a) "rule change" means:

[(a)](i) making a new rule;

[(b)](ii) amending, repealing, or repealing and reenacting an existing rule;

[(c)](iii) amending a proposed rule further by filing a change in proposed rule under the provisions of Section 63-46a-6;

[(d)](iv) allowing a proposed (new, amended, repealed, or repealed and reenacted) rule or change in proposed rule to lapse; or

[(e)](v) any combination of the above.

(b) "petitioner" means an interested person who submits a petition to an agency pursuant to Section 63-46a-12 and this rule.

 

R15-2-3. Petition Procedure.

(1) The petitioner shall send[The] the petition [shall be addressed and delivered ]to the head of the agency authorized by law to make the rule change requested.

(2) The agency receiving the petition shall stamp the petition with the date of receipt.

 

R15-2-4. Petition Form.

The petition shall:

(a) be clearly designated "petition for a rule change";

(b) state the petitioner's name;

(c) state the petitioner's interest in the rule, including relevant affiliation, if any;

(d) include the statement required by Subsection 63-46a-12(4);

[(b)](e) state the approximate wording of the requested rule change;

[(c)](f) describe the reason for the rule change;

[(d)](g) include an address, an E-mail address when available, and telephone where the petitioner can be reached during regular [work days]business hours; and

[(e)](h) be signed by the petitioner.

 

R15-2-5. Petition Consideration And Disposition.

(1) The agency head or designee shall:

(a) review and consider the petition;

(b) write a response to the petition stating:

(i) that the petition is denied and reasons for denial, or

(ii) the date when the agency is initiating a rule change consistent with the intent of the petition; and

(c) send the response to the petitioner within [30 days of receipt of the petition]the time frame provided by Section 63-46a-12.

(2) The petitioned agency may, within the time frame provided by Section 63-46a-12, interview the petitioner, hold a public hearing on the petition, or take any action the agency, in its [judgement]judgment, deems necessary to provide the petition due consideration.

(3) The agency shall retain the petition and a copy of the agency's response as part of the administrative record.

(4) The agency shall mail copies of its decision to all persons who petitioned for a rule change.

 

KEY: administrative law

Date of Enactment or Last Substantive Amendment: [June 1, 1996]2006

Notice of Continuation: September 29, 2005

Authorizing, and Implemented or Interpreted Law: 63-46a-12