No. 29189 (Amendment): R15-4. Administrative Rulemaking Procedures

DAR File No.: 29189
Filed: 11/01/2006, 04:00
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division is amending Rule R15-4 to make its language conform to amendments made to Section 63-46a-4 by H.B. 316 (2006 General Session). (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 changing Sections R15-4-2, R15-4-4, and R15-4-5. At Section R15-4-2, the Division is adding a new definition for "eRules." At Section R15-4-4, the Division is removing unnecessary language and is clarifying the scope of the section in its application to counting 30 days for the purposes of Sections 63-46a-4 and 63-46a-6. At Section R15-4-5, the Division is separating provisions addressing Notices of Effective Date for Proposed Rules (now Section R15-4-5a) and Notices of Effective Date for Changes in Proposed Rules (now Section R15-4-5b). The Division is adding language clarifying when the earliest effective date after the close of comment may be. It is also adding language indicating the mechanism by which an agency may formally extend the comment period and clarifying when the earliest effective date may be after the close of extended comment. At Section R15-4-5b, the Division is adding new language requiring that a Change in Proposed Rule for which an agency designates a public comment period must be followed with the seven-day comment consideration period required for a Proposed Rule.

State statutory or constitutional authorization for this rule:

Section 63-46a-10

Anticipated cost or savings to:

the state budget:

This proposed amendment imposes no costs nor accrues any savings to the state budget. This proposed amendment only makes the Division's rule consistent with H.B. 316, and clarifies existing language. 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. This proposed amendment only makes the Division's rule consistent with H.B. 316, and clarifies existing language. 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:

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

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

This proposed amendment brings the Division's existing rules into compliance with Subsection 63-46a-4(10) 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.

R15-4. Administrative Rulemaking Procedures.

R15-4-2. Definitions.

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

(2) Other terms are defined as follows:

(a) "Anniversary date" means the date that is five years from the original effective date of the rule, or the date that is five years from the date the agency filed with the division the most recent five-year review required under Subsection 63-46a-9(3), whichever is sooner.

(b) "Digest" means the Utah State Digest that summarizes the content of the bulletin as required by Subsection 63-46a-10(1)(f);

(c) "Codify" means the process of collecting and arranging administrative rules systematically in the Utah Administrative Code, and includes the process of verifying that each amendment was marked as required under Subsection 63-46a-4(2)(b);

(d) "Compliance cost" means expenditures a regulated person will incur if a rule or change is made effective;

(e) "Cost" means the aggregated expenses persons as a class affected by a rule will incur if a rule or change is made effective;

(f) "eRules" means the Division's administrative rule filing application that agencies use to file rules and notices;

[(f)](g) "Savings" means:

(i) an aggregated monetary amount that will no longer be incurred by persons as a class if a rule or change is made effective;

(ii) an aggregated monetary amount that will be refunded or rebated if a rule or change is made effective;

(iii) an aggregated monetary amount of anticipated revenues to be generated for state budgets, local governments, or both if a rule or change is made effective; or

(iv) any combination of these aggregated monetary amounts.

[(g)](h) "Unmarked change" means a change made to rule text that was not marked as required by Subsection 63-46a-4(2)(b).

 

R15-4-4. Thirty-day Comment Period for a Proposed Rule and a Change in Proposed Rule.

(1) For the purposes of [Subsections 63-46a-4(6) and 63-46a-4(7)]Sections 63-46a-4 and 63-46a-6, [and in conformity with Utah Rules of Civil Procedures, Rule 6 (a), ]"30 days" shall be computed by:

(a) counting the day after publication of the rule as the first day; and

(b) counting the thirtieth consecutive day after the day of publication as the thirtieth day, unless

(c) the thirtieth consecutive day is a Saturday, Sunday, or holiday, in which event the [comment period runs until 5 p.m.]thirtieth day is the next regular business day.[

(2) A rule may be made effective on the day after the comment period expires.]

 

R15-4-5a. Notice of the Effective Date [of a]for a Proposed Rule.

(1)(a) Pursuant to Subsection 63-46a-4(9), u[U]pon expiration of the comment period designated on the rule analysis and filed with the rule, and before expiration of 120 days after publication of a proposed rule, the agency proposing the rule shall notify the division of the date the rule is to become effective and enforceable.

(b) The agency shall notify the division after determining that the proposed rule, in the form published, shall be the final form of the rule, and after informing the division of any nonsubstantive changes in the rule as provided for in Section R15-4-6.

(2)(a) The agency shall notify the division by filing with the division a Notice of Effective Date form [designated for that purpose indicating the effective date]using eRules.

(b) If the eRules Notice of Effective Date form [designated ]is unavailable to the agency, the agency may notify the division by any other form of written communication clearly identifying the proposed rule, stating the date the rule was filed with the division or published in the bulletin, and stating its effective date.

(3) The date designated as the effective date shall be:

(a) at least seven days after the comment period specified on the rule analysis[.]; or

(b) if the agency formally extends the comment period for a proposed rule by publishing a subsequent notice in an issue of the bulletin, at least seven days after the extended comment period.

(4) The division shall publish notice of the effective date in the next issue of the bulletin[ and digest]. There is no publication deadline for a notice of effective date for a proposed rule, nor requirement that it be published prior to the effective date.

 

R15-4-5b. Notice of the Effective Date for a Change in Proposed Rule.

(1)(a) Upon expiration of the 30-day period required by Section 63-46a-6, and before expiration of the 120th day after publication of a change in proposed rule, the agency promulgating the rule shall notify the division of the date the rule is to become effective and enforceable.

(b) The agency shall notify the division after determining that the rule text as published is the final form of the rule, and after informing the division of any nonsubstantive changes in the rule as provided for in Section R15-4-6.

(2)(a) The agency shall notify the division by filing with the division a Notice of Effective Date form using eRules.

(b) If the eRules Notice of Effective Date form is unavailable to the agency, the agency may notify the division by any other form of written communication clearly identifying the change in proposed rule and any rules upon which the change in proposed rule is dependent, stating the date the rules were filed with the division or published in the bulletin, and stating the effective date.

(3) The date designated as the effective date shall be:

(a) at least 30 days after the publication date of the rule in the bulletin, or

(b) if the agency designated a comment period, at least seven days after a comment period designated by the agency on the rule analysis or formally extended by publication of a subsequent notice in the bulletin.

(4) The division shall publish notice of the effective date in the next issue of the bulletin. There is no publication deadline for the notice of effective date for a change in proposed rule, nor requirement that it be published prior to the effective date.

 

KEY: administrative law

Date of Enactment or Last Substantive Amendment: [July 1, 1998]2006

Notice of Continuation: September 29, 2005

Authorizing, and Implemented or Interpreted Law: 63-46a-10; 63-46a-4; 63-46a-6