120-Day (Emergency) Rule Implementing H.B. 316

H.B. 316, "Administrative Rules Procedure Amendments," provided no implementation guidance. After discussing the issue with counsel, the Division of Administrative Rules (DAR) has decided to file an emergency rule to clarify how the bill will affect proposed rules filed for publication, and to bring Rule R15-4 into compliance with the bill's provisions.

In summary, the 120-day (emergency) rule (under DAR No. 28586 in this issue), temporarily amends Sections R15-4-4 and R15-4-5 making them consistent with Subsection 63-64a-4(10) as amended by H.B. 316. The emergency rule clarifies that administrative rules filed prior to 05/01/2006 are subject to the existing law, and rules filed on 05/01/2006 or later are subject to the law as amended by H.B. 316. H.B. 316 goes into effect on 05/01/2006. Nothing in the statute or rule prevents an agency from waiting the seven days before making a rule effective that was filed prior to 05/01/2006. A regular proposed rule will be filed within the next several months.

A PDF version of the emergency rule is temporarily available at: http://www.rules.utah.gov/publicat/bulletin/2006/20060415/28586.pdf.

The emergency rule was filed on 03/31/2006, with a designated effective date of 04/15/2006.

Questions regarding the emergency rule may be directed to Ken Hansen, Director, Division of Administrative Rules, 4120 State Office Building, Salt Lake City, UT 84114-1201, phone: [phone], FAX: [phone], or Internet E-mail: [e-mail]