Utah Code 63G-3-601. Interested parties — Petition for agency action

63G-3-601. Interested parties — Petition for agency action.

(1)	As used in this section, “initiate rulemaking proceedings” means the filing, for the purposes of publication in accordance with Subsection 63G-3-301(4), of an agency’s proposed rule to implement a petition for the making, amendment, or repeal of a rule as provided in this section.

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.
Interested person: means any person affected by or interested in a proposed rule, amendment to an existing rule, or a nonsubstantive change made under Section 63G-3-402. See Utah Code 63G-3-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Office: means the Office of Administrative Rules created in Section 63G-3-401. See Utah Code 63G-3-102
Rule: includes the amendment or repeal of an existing rule. See Utah Code 63G-3-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Writing: includes :Utah Code 68-3-12.5

(2)	An interested person may petition an agency to request the making, amendment, or repeal of a rule.

(3)	The office shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition.

(4)	A statement shall accompany the proposed rule, or proposed amendment or repeal of a rule, demonstrating that the proposed action is within the jurisdiction of the agency and appropriate to the powers of the agency.

(5)	Within 60 days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings.

(6)

(a)	If the petition is submitted to a board that has been granted rulemaking authority by the Legislature, the board shall, within 45 days of the submission of the petition, place the petition on its agenda for review.

(b)

Within 80 days of the submission of the petition, the board shall either:

(i)	deny the petition in writing stating its reasons for denial; or

(ii)	initiate rulemaking proceedings.

(7)	If the agency or board has not provided the petitioner written notice that the agency has denied the petition or initiated rulemaking proceedings within the time limitations specified in Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state district court.

Amended by Chapter 408, 2020 General Session