(1)  Each agency may hold a public hearing on a proposed rule, amendment to a rule, or repeal of a rule during the public comment period.

Terms Used In Utah Code 63G-3-302

  • 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.
  • Effective: means operative and enforceable. See Utah Code 63G-3-102
  • Publication date: means the inscribed date of the bulletin. 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)  Each agency shall hold a public hearing on a proposed rule, amendment to a rule, or repeal of a rule if:

(a)  a public hearing is required by state or federal mandate;

(b) 

(i)  another state agency, 10 interested persons, or an interested association having not fewer than 10 members request a public hearing; and

(ii)  the agency receives the request in writing not more than 15 days after the publication date of the proposed rule.

(3)  The agency shall hold the hearing:

(a)  before the rule becomes effective; and

(b)  no less than seven days nor more than 30 days after receipt of the request for hearing.

Renumbered and Amended by Chapter 382, 2008 General Session