Governor's Executive Order 2009-0002: Extending Administrative Rules through May 12, 2009

Issued: April 21, 2009

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EXECUTIVE ORDER

Extending Administrative Rules through May 12, 2009

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

WHEREAS, statute provides that administrative rules expire on May 1 of each year unless the administrative rules are reauthorized by the Legislature;

WHEREAS, the Fifty-Eighth Legislature passed H.B. 197, Reauthorization of Administrative Rules, during the 2009 General Session;

WHEREAS, the Senate passed H.B. 197 by less than the two-thirds margin required for the bill to go into effect before May 12, 2009;

WHEREAS, having found that pursuant to Utah Code Ann. Subsection 63G-3-501(5)(d), the omnibus bill required by Utah Code Ann. Subsection 63G-3-501(3) failed to pass both houses of the Legislature and/or a technical legal defect exists preventing reauthorization of administrative rules intended to be reauthorized by the Legislature;

WHEREAS, Utah Code Ann. 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 on or before June 15"; and,

WHEREAS, having found that the necessity exists to continue enforcement of all state agency administrative rules until H.B. 197 goes into effect on May 12;

NOW THEREFORE, I, Jon M. Huntsman, Jr., 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 12, 2009.

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 21st day of April, 2009.

(State Seal)

Jon M. Huntsman, Jr.
Governor

Attest:

Gary R. Herbert
Lieutenant Governor

 

2009/0002

 

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