No. 28586: R15-4. Administrative Rulemaking Procedures

DAR File No.: 28586
Filed: 03/31/2006, 09:41
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2006 General Session, the Legislature passed H.B. 316. Among other things, H.B. 316 added a requirement that an agency must wait seven days after the close of the public comment period before it may make a proposed rule effective. This emergency rule makes the Division's existing rules consistent with H.B. 316. (DAR NOTE: H.B. 316 is found at Chapter 141, Laws of Utah 2006, and will be effective 05/01/2006.)

 

Summary of the rule or change:

This emergency rule, effective 04/15/2006, temporarily amends Sections R15-4-4 and R15-4-5 making them consistent with Subsection 63-46a-4(10) as amended by H.B. 316. The emergency rule clarifies that administrative rules filed for publication prior to 05/01/2006 are subject to the existing law, and rules filed for publication 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 this rule prevents an agency from waiting the seven days before making a rule effective that was filed prior to 05/01/2006.

 

State statutory or constitutional authorization for this rule:

Sections 63-46a-4 and 63-46a-10

 

Anticipated cost or savings to:

the state budget:

This rule imposes no impact to the state budget. This emergency rule only makes the division's rule consistent with H.B. 316. Any cost or savings impact related to this change was taken into account by the fiscal note to H.B. 316.

 

local governments:

The division does not regulate local government. Therefore, there is no impact to local government.

 

other persons:

This rule imposes no impact to other persons. This emergency rule only makes the division's rule consistent with H.B. 316. Any cost or savings impact related to this change was taken into account by the fiscal note to H.B. 316.

 

Compliance costs for affected persons:

The division does not regulate persons. Therefore, there is no impact to persons as a result of this emergency rule.

 

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

This emergency rule brings the division's existing rules into compliance with Subsection 63-46a-4(10) as amended by H.B. 316. It does not have any fiscal impact on business. D'Arcy Dixon Pignanelli, Executive Director

 

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

The Legislature changed provisions of the rulemaking act that go into effect on 05/01/2006. The division's existing rule is not consistent with the new law. The division is unable to use regular rulemaking to have a rule in effect by 05/01/2006.

 

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]

 

This rule is effective on:

04/15/2006

 

Authorized by:

Kenneth A. Hansen, Director

 

 

RULE TEXT

R15. Administrative Services, Administrative Rules.

R15-4. Administrative Rulemaking Procedures.

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

(1) For the purposes of [Subsections 63-46a-4(6) and 63-46a-4(7)]Section 63-46a-4, [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. the next regular business day.[

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

 

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

(1)(a) Upon 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 form designated for that purpose indicating the effective date.

(b) If the 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)(a) The date designated as the effective date shall be after the comment period specified on the rule analysis.

(b) As provided by Subsection 63-46a-4(10):

(i) for a proposed rule filed through April 30, 2006, the agency may designate the effective date as early as the day after the comment period expires; or

(ii) for a proposed rule filed on or after May 1, 2006, the agency may not designate an effective date that is earlier than the eighth day after the comment period expires.

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

 

KEY: administrative law

Date of Enactment or Last Substantive Amendment: April 15, 2006

Notice of Continuation: September 29, 2005

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