63G-3-102.  Definitions.
     As used in this chapter:

(1)  “Administrative record” means information an agency relies upon when making a rule under this chapter including:

Terms Used In Utah Code 63G-3-102

  • 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
  • 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
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Department of Government Operations created in Section 63A-1-104. 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
  • Executive director: means the executive director of the department. 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency. See Utah Code 63G-3-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • 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
  • Statute: A law passed by a legislature.
(a)  the proposed rule, change in the proposed rule, and the rule analysis form;

(b)  the public comment received and recorded by the agency during the public comment period;

(c)  the agency’s response to the public comment;

(d)  the agency’s analysis of the public comment; and

(e)  the agency’s report of its decision-making process.

(2)  “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.

(3)  “Bulletin” means the Utah State Bulletin.

(4)  “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.

(5)  “Code” means the body of all effective rules as compiled and organized by the office and entitled “Utah Administrative Code.”

(6)  “Department” means the Department of Government Operations created in Section 63A-1-104.

(7)  “Director” means the director of the office.

(8)  “Effective” means operative and enforceable.

(9)  “Executive director” means the executive director of the department.

(10)  “File” means to submit a document to the office as prescribed by the office.

(11)  “Filing date” means the day and time the document is recorded as received by the office.

(12)  “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.

(13)  “Office” means the Office of Administrative Rules created in Section 63G-3-401.

(14)  “Order” means an agency action that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons.

(15)  “Person” means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency.

(16)  “Publication” or “publish” means making a rule available to the public by including the rule or a summary of the rule in the bulletin.

(17)  “Publication date” means the inscribed date of the bulletin.

(18)  “Register” may include an electronic database.

(19) 

(a)  “Rule” means an agency’s written statement that:

(i)  is explicitly or implicitly required by state or federal statute or other applicable law;

(ii)  implements or interprets a state or federal legal mandate; and

(iii)  applies to a class of persons or another agency.

(b)  “Rule” includes the amendment or repeal of an existing rule.

(c)  “Rule” does not mean:

(i)  orders;

(ii)  an agency’s written statement that applies only to internal management and that does not restrict the legal rights of a public class of persons or another agency;

(iii)  the governor’s executive orders or proclamations;

(iv)  opinions issued by the attorney general’s office;

(v)  declaratory rulings issued by the agency according to Section 63G-4-503 except as required by Section 63G-3-201;

(vi)  rulings by an agency in adjudicative proceedings, except as required by Subsection 63G-3-201(6); or

(vii)  an agency written statement that is in violation of any state or federal law.

(20)  “Rule analysis” means the format prescribed by the office to summarize and analyze rules.

(21)  “Small business” means a business employing fewer than 50 persons.

(22)  “Substantive change” means a change in a rule that affects the application or results of agency actions.

Amended by Chapter 344, 2021 General Session

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