63G-3-304. Emergency rulemaking procedure.
| (1) |
All agencies shall comply with the rulemaking procedures of Section 63G-3-301 unless an agency finds that these procedures would:
Terms Used In Utah Code 63G-3-304- 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
- Oversight: Committee review of the activities of a Federal agency or program.
- 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
- 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
| (a) |
cause an imminent peril to the public health, safety, or welfare; |
| (b) |
cause an imminent budget reduction because of budget restraints or federal requirements; or |
| (c) |
place the agency in violation of federal or state law. |
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| (2) |
| (a) |
When finding that its rule is excepted from regular rulemaking procedures by this section, the agency shall file with the office and the members of the Administrative Rules Review and General Oversight Committee:
| (i) |
the text of the rule; and |
| (ii) |
a rule analysis that includes the specific reasons and justifications for its findings. |
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| (b) |
The office shall publish the rule in the bulletin as provided in Subsection 63G-3-301(4). |
| (c) |
The agency shall notify interested persons as provided in Subsection 63G-3-301(10). |
| (d) |
Subject to Subsection 63G-3-502(4), the rule becomes effective for a period not exceeding 120 days on the date of filing or any later date designated in the rule. |
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| (3) |
If the agency intends the rule to be effective beyond 120 days, the agency shall also comply with the procedures of Section 63G-3-301. |
Amended by Chapter 443, 2022 General Session
