63G-3-403. Repeal and reenactment of Utah Administrative Code.
| (1) |
When the director determines that the Utah Administrative Code requires extensive revision and reorganization, the office may repeal the code and reenact a new code according to the requirements of this section. |
Terms Used In Utah Code 63G-3-403
- 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
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Bulletin: means the Utah State Bulletin. See Utah Code 63G-3-102
- Catchline: means a short summary of each section, part, rule, or title of the code that follows the section, part, rule, or title reference placed before the text of the rule and serves the same function as boldface in legislation as described in Section 68-3-13. See Utah Code 63G-3-102
- Code: means the body of all effective rules as compiled and organized by the office and entitled "Utah Administrative Code. See Utah Code 63G-3-102
- Director: means the director of the office. See Utah Code 63G-3-102
- Effective: means operative and enforceable. 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
- Oversight: Committee review of the activities of a Federal agency or program.
- Publication date: means the inscribed date of the bulletin. 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
| (2) |
The office may:
| (a) |
reorganize, reformat, and renumber the code; |
| (b) |
require each agency to review its rules and make any organizational or substantive changes according to the requirements of Section 63G-3-303; and |
| (c) |
require each agency to prepare a brief summary of all substantive changes made by the agency. |
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| (3) |
The office may make nonsubstantive changes in the code by:
| (a) |
adopting a uniform system of punctuation, capitalization, numbering, and wording; |
| (b) |
eliminating duplication; |
| (c) |
correcting defective or inconsistent section and paragraph structure in arrangement of the subject matter of rules; |
| (d) |
eliminating all obsolete or redundant words; |
| (e) |
correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, and wording; |
| (f) |
changing a catchline to more accurately reflect the substance of each section, part, rule, or title; |
| (g) |
updating or correcting annotations associated with a section, part, rule, or title; and |
| (h) |
merging or determining priority of any amendment, enactment, or repeal to the same rule or section made effective by an agency. |
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| (4) |
| (a) |
To inform the public about the proposed code reenactment, the office shall publish in the bulletin:
| (i) |
notice of the code reenactment; |
| (ii) |
the date, time, and place of a public hearing where members of the public may comment on the proposed reenactment of the code; |
| (iii) |
locations where the proposed reenactment of the code may be reviewed; and |
| (iv) |
agency summaries of substantive changes in the reenacted code. |
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| (b) |
To inform the public about substantive changes in agency rules contained in the proposed reenactment, each agency shall:
| (i) |
make the text of their reenacted rules available:
| (A) |
for public review during regular business hours; and |
| (B) |
in an electronic version; and |
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| (5) |
The office shall hold a public hearing on the proposed code reenactment no fewer than 30 days nor more than 45 days after the publication required by Subsection (4)(a). |
| (6) |
The office shall distribute complete text of the proposed code reenactment without charge to:
| (a) |
state-designated repositories in Utah; |
| (b) |
the Administrative Rules Review and General Oversight Committee; and |
| (c) |
the Office of Legislative Research and General Counsel. |
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| (7) |
The former code is repealed and the reenacted code is effective at noon on a date designated by the office that is not fewer than 45 days nor more than 90 days after the publication date required by this section. |
| (8) |
Repeal and reenactment of the code meets the requirements of Section 63G-3-305 for a review of all agency rules. |
Amended by Chapter 443, 2022 General Session
