R15-4-10. Estimates of Anticipated Cost or Savings, and Compliance Cost

  (1) Pursuant to Subsections 63G-3-301(8)(d), 63G-3-303(1)(a), 63G-3-304(2), and 53C-1-201(3), when an agency files a proposed rule, change in proposed rule, 120-day (emergency) rule, or expedited rule and provides anticipated cost or savings, and compliance cost information in the rule analysis, the agency shall:

  (a) estimate the incremental cost or savings and incremental compliance cost associated with the changes proposed by the rule or change;

  (b) estimate the incremental cost or savings and incremental compliance cost in dollars, except as otherwise provided in Subsections R15-4-10(4) and (5);

  (c) indicate that the amount is either a cost or a savings; and

  (d) estimate the incremental cost or savings expected to accrue to "state budgets," "local governments," "small businesses," and "persons other than small businesses, businesses, or local governmental entities" as aggregated cost or savings;

  (2) In addition, an agency may:

  (a) provide a narrative description of anticipated cost or savings, and compliance cost;

  (b) compare anticipated cost or savings, and compliance cost figures, for the rule or change to:

  (i) current budgeted costs associated with the existing rule,

  (ii) figures reported on a fiscal note attached to a related legislative bill, or

  (iii) both (i) and (ii).

  (3) If an agency chooses to provide comparison figures, it shall clearly distinguish comparison figures from the anticipated cost or savings, and compliance cost figures.

  (4) If dollar estimates are unknown or not available, or the obtaining thereof would impose a substantial unbudgeted hardship on the agency, the agency may substitute a reasoned narrative description of cost-related actions required by the rule or change, and explain the reason or reasons for the substitution.

  (5) If no cost, savings, or compliance cost is associated with the rule or change, an agency may enter "none," "no impact," or similar words in the rule analysis followed by a written explanation of how the agency estimated that there would be no impact, or how the proposed rule, or changes made to an existing rule does not apply to "state budgets," "local government," "small businesses," "persons other than small businesses, businesses, or local governmental entities," or any combination of these.

  (6) If an agency does not provide an estimate of cost, savings, compliance cost, or a reasoned narrative description of cost information; or a written explanation as part of the rule analysis in compliance with this section, the office may, after making an attempt to obtain the required information, refuse to register and publish the rule or change. If the office refuses to register and publish a rule or change, it shall:

  (a) return the rule or change to the agency with a notice indicating that the office has refused to register and publish the rule or change;

  (b) identify the reason or reasons why the office refused to register and publish the rule or change; and

  (c) indicate the filing deadlines for the next issue of the bulletin.