Extending Administrative Rules through May 10, 2016, Utah Exec. Order No. 2016-2

This document was published in the April 15, 2016, issue (Vol. 2016, No. 8) of the Utah State Bulletin.

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Governor, Administration: Extending Administrative Rules through May 10, 2016, Utah Exec. Order No. 2016-2

Issued: March 29, 2016

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EXECUTIVE ORDER

Extending Administrative Rules through May 10, 2016

WHEREAS, state agencies issue administrative rules pursuant to statutory authorization to implement or interpret statute and other law;

WHEREAS, administrative rules expire on May 1 of each year unless the Legislature reauthorizes them, pursuant to Utah Code Ann. Subsection 63G-3-502(2)(a);

WHEREAS, the Sixty-First Legislature passed Senate Bill 88, Reauthorization of Administrative Rules, during the 2016 General Session, reauthorizing all administrative rules within the bill;

WHEREAS, Senate Bill 88, Reauthorization of Administrative Rules, provides for a special effective date of May 1, 2016, if approved by two-thirds of all the members elected to each house;

WHEREAS, the House of Representatives passed Senate Bill 88 by less than the two-thirds majority required for the bill to go into effect on May 1, 2016;

WHEREAS, absent the two-thirds majority vote, the rules contained within the Bill will not be renewed until May 10, 2016; and

WHEREAS, Utah Code Subsection 63G-3-502(5)(d), authorizes the Governor to "declare all rules to be extended by publishing a single declaration in the Administrative Rules Bulletin," if the omnibus bill required by Utah Code Ann. Subsection 63G-3-502(3) failes to pass both houses of the Legislature or a technical legal defect exists preventing reauthorization of administrative rules intended to be reauthorized by the Legislature; and

WHEREAS, it is necessary to extend the rules referenced in Senate Bill 88 until the Bill’s May 10, 2016 effective date;

NOW THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, by virtue of the authority vested in me by the Constitution and laws of the State of Utah do hereby declare all administrative rules are extended through May 10, 2016.

IN WITNESS, WHEREOF, I have hereunto set my hand and cause to be affixed the Great Seal of the State of Utah. Done at the State Capitol in Salt Lake City, Utah, this the 29th day of March 2016.

(State Seal)

Gary R. Herbert
Governor

Attest:

Spencer J. Cox
Lieutenant Governor

2016/02/EO