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Utah Administrative Code (Current through November 1, 2019) |
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R15. Administrative Services, Administrative Rules (Office of) |
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R15-5. Administrative Rules Adjudicative Proceedings |
| R15-5-1. Purpose |
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(1) This rule provides the procedures for informal adjudicative proceedings governing: (a) appeal and review of a decision by the office not to publish an agency's proposed rule or rule change or not to register an agency's notice of effective date; and (b) a determination by the office whether an agency rule meets the procedural requirements of Title 63G, Chapter 3, the Utah Administrative Rulemaking Act. (2) The informal procedures of this rule apply to all other division actions for which an adjudicative proceeding may be required. |
| R15-5-2. Authority |
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This rule is required by Sections 63G-4-202 and 63G-4-203, and is enacted under the authority of Subsection 63G-3-402(1)(m) and Sections 63G-4-202, 63G-4-203, and 63G-4-503. |
| R15-5-3. Definitions |
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(1) The terms used in this rule are defined in Section 63G-4-103. (2) In addition: (a) "coordinator" means the coordinator of the Office of Administrative Rules; and (b) "digest" means the Utah State Digest which summarizes the content of the bulletin as required under Subsection 63G-3-402(1)(f). |
| R15-5-4. Refusal to Publish or Register a Rule or Rule Change |
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(1) The office shall not publish a proposed rule or rule change when the office determines the agency has not met the requirements of Title 63G, Chapter 3, or of Rules R15-3 or R15-4. (2) The office shall not register an agency's notice of effective date, nor codify the rule or rule change in the Utah Administrative Code, if the agency exceeds the 120-day limit required by Subsection 63G-3-301(6)(a) as interpreted in Section R15-4-5. (3) The office shall notify the agency of a refusal to publish or register a rule or rule change, and shall advise and assist the agency in correcting any error or omission, and in re-filing to meet statutory and regulatory criteria. |
| R15-5-5. Appeal of a Refusal to Publish or Register a Rule or Rule Change |
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(1) An agency may request a review of an office refusal to publish or register a rule or rule change by filing a written petition for review with the coordinator. (2) The coordinator shall grant or deny the petition within 20 days, and respond in writing giving the reasons for any denial. (3) The agency may appeal the decision of the coordinator by filing a written appeal to the executive director of the Department of Administrative Services within 20 days of receipt of the coordinator's decision. The executive director shall respond within 20 days affirming or reversing the coordinator's decision. |
| R15-5-6. Determining the Procedural Validity of a Rule |
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(1) A person may contest the procedural validity, or request a determination of whether a rule meets the requirements of Title 63G, Chapter 3, by filing a written petition with the office. (a) The rule at issue may be a proposed rule or an effective rule. (b) The petition must be received by the office within the two-year limit set by Section 63G-3-603. (c) The petition may emanate from a rulemaking hearing as in Section R15-1-8. (d) The petition shall specify the rule or rule change at issue and reasons why the petitioner deems it procedurally flawed or invalid. (e) The petition shall be accompanied by any documents the office should consider in reaching its decision. (f) The petition shall be signed and designate a telephone number where the petitioner can be contacted during regular business hours. (2) The office shall respond to the petition in writing within 20 days of its receipt. (a) The office shall research all records pertaining to the rule or rule change at issue. (b) The response of the office shall state whether the rule is procedurally valid or invalid and how the agency may remedy any defect. (c) The office shall send a copy of the petition and its response to the pertinent agency. (3) The petitioner may request reconsideration of the office's findings by filing a written request for reconsideration with the coordinator. (a) The coordinator may respond to the request in writing. (b) If the petitioner receives no response within 20 days, the request is denied. |
| R15-5-7. Remedies Resulting from an Adjudicative Proceeding |
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(1) A rule the office determines is procedurally invalid shall be stricken from the Utah Administrative Code and notice of its deletion published in the next issues of the bulletin and digest. (2) The office shall notify the pertinent agency and assist the agency in re-filing or otherwise remedying the procedural omission or error in the rule. (3) A rule the office determines is procedurally valid shall be published and registered promptly. |