R15-4-7. Substantive Changes in Proposed Rules

  (1) Pursuant to Section 63G-3-303, agencies shall comply with the procedures of this section when making a substantive change in a proposed rule.

  (a) The procedures of this section apply if:

  (i) the agency determines a change in the rule is necessary;

  (ii) the change is substantive under the criteria of Subsection 63G-3-102(20);

  (iii) the rule was published as a proposal in the bulletin and digest; and

  (iv) the rule has not been made effective under the procedures of Subsection 63G-3-301(12) and Section R15-4-5a.

  (b) If the rule is already effective, the agency shall comply with regular rulemaking procedures.

  (2) To make a substantive change in a proposed rule, the agency shall file with the office:

  (a) a rule analysis, marked to indicate the agency intends to change a rule already published, and describing the change and reasons for it; and

  (b) a copy of the proposed rule previously published in the bulletin marked to show only those changes made since the proposed rule was previously published.

  (3) The office shall publish the rule analysis in the next issue of the bulletin, subject to the publication deadlines of Section R15-4-3. The office may also publish the changed text of the rule.

  (4) The agency may make a change in proposed rule effective by following the requirements of Section R15-4-5b, or may further amend the rule by following the procedures of Sections R15-4-6 or R15-4-7.