63G-3-303. Changes in rules.
| (1) |
Terms Used In Utah Code 63G-3-303- Agency: means each state board, authority, commission, institution, department, division, officer, or other state government entity other than the Legislature, its committees, the political subdivisions of the state, or the courts, which is authorized or required by law to make rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or perform other similar actions or duties delegated by law. See Utah Code 63G-3-102
- Bulletin: means the Utah State Bulletin. See Utah Code 63G-3-102
- Effective: means operative and enforceable. See Utah Code 63G-3-102
- File: means to submit a document to the office as prescribed by the office. See Utah Code 63G-3-102
- Office: means the Office of Administrative Rules created in Section 63G-3-401. See Utah Code 63G-3-102
- publish: means making a rule available to the public by including the rule or a summary of the rule in the bulletin. See Utah Code 63G-3-102
- Rule: includes the amendment or repeal of an existing rule. See Utah Code 63G-3-102
- Rule analysis: means the format prescribed by the office to summarize and analyze rules. See Utah Code 63G-3-102
- Writing: includes :Utah Code 68-3-12.5
| (a) |
To change a proposed rule already published in the bulletin, an agency shall file with the office:
| (i) |
the text of the changed rule; and |
| (ii) |
a rule analysis containing a description of the change and the information required by Section 63G-3-301. |
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| (b) |
A change to a proposed rule may not be filed more than 120 days after publication of the rule being changed. |
| (c) |
The office shall publish the rule analysis for the changed rule in the bulletin. |
| (d) |
The changed proposed rule and its associated proposed rule will become effective on a date specified by the agency, not less than 30 days or more than 120 days after publication of the last change in proposed rule. |
| (e) |
A changed proposed rule and its associated proposed rule lapse if a notice of effective date or another change to a proposed rule is not filed with the office within 120 days of publication of the last change in proposed rule. |
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| (2) |
If the rule change is nonsubstantive:
| (a) |
the agency need not comply with the requirements of Subsection (1); and |
| (b) |
the agency shall notify the office of the change in writing. |
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| (3) |
If the rule is effective, the agency shall amend the rule according to the procedures specified in Section 63G-3-301. |
Amended by Chapter 193, 2016 General Session
