Delay in Publication of the Legislative Nonreauthorization Notice

Section 63G-3-502 provides that "every agency rule that is in effect on February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized by the Legislature." To do this, the Legislature's Administrative Rules Review Committee prepares omnibus legislation each year. As part of this legislation, the Legislature may elect not to reauthorize a rule or a part of a rule down to the complete paragraph level. When this occurs, the Division of Administrative Rules files a Notice of Legislative Nonreauthorization to document the Legislature's action.

During the 2013 General Session, the Legislature passed H.B. 256, Reauthorization of Administrative Rules (Chapter 355, Laws of Utah 2013). That bill, signed by the Governor and effective May 1, 2013, reauthorized all administrative rules except Subsection R592-2-7(2) -- part of the Insurance, Title and Escrow Commission rule on "Title Insurance Administrative Hearings and Penalty Imposition" regarding the "Imposition of Penalties".

Because the bill took effect on May 1, the Division should have filed the Notice of Legislative Nonreauthorization on May 1. However, because of a clerical error, the Division did not file the Notice of Legislative Nonreauthorization until May 2, 2013 (DAR No. 37588). This means that the Notice of Legislative Nonreauthorization that should have appeared in the May 15, 2013, issue of the Bulletin, will be published in the June 1, 2013, issue.

This delay in publication has no effect on the rule. The Legislature's action in H.B. 256 removed Subsection R592-2-7(2) from the Utah Administrative Code effective May 1, 2013.

The Division regrets any confusion caused by its delayed publication of the Notice of Legislative Nonreauthorization.

Questions about the Legislature's reauthorization of administrative rules may be addressed to Ken Hansen at 801-538-3777.