63G-3-305. Agency review of rules — Schedule of filings — Limited exemption for certain rules.
| (1) |
Each agency shall review each of its rules within five years after the rule‘s original effective date or within five years after the filing of the last five-year review, whichever is later. |
Terms Used In Utah Code 63G-3-305
- 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
- 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
- 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
- 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
| (2) |
An agency may consider any substantial review of a rule to be a five-year review if the agency also meets the requirements described in Subsection (3). |
| (3) |
At the conclusion of its review, and no later than the deadline described in Subsection (1), the agency shall decide whether to continue, repeal, or amend and continue the rule and comply with Subsections (3)(a) through (c), as applicable.
| (a) |
If the agency continues the rule, the agency shall file with the office a five-year notice of review and statement of continuation that includes:
| (i) |
a concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule; |
| (ii) |
a summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule; and |
| (iii) |
a reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any. |
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| (b) |
If the agency repeals the rule, the agency shall:
| (ii) |
in the rule analysis described in Section 63G-3-301, state that the repeal is the result of the agency’s five-year review under this section. |
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| (c) |
If the agency amends and continues the rule, the agency shall comply with the requirements described in Section 63G-3-301 and file with the office the five-year notice of review and statement of continuation required in Subsection (3)(a). |
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| (4) |
The office shall publish a five-year notice of review and statement of continuation in the bulletin no later than one year after the deadline described in Subsection (1). |
| (5) |
| (a) |
The office shall make a reasonable effort to notify an agency that a rule is due for review at least 180 days before the deadline described in Subsection (1). |
| (b) |
The office’s failure to comply with the requirement described in Subsection (5)(a) does not exempt an agency from complying with any provision of this section. |
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| (6) |
If an agency finds that it will not meet the deadline established in Subsection (1):
| (a) |
before the deadline described in Subsection (1), the agency may file one extension with the office indicating the reason for the extension; and |
| (b) |
the office shall publish notice of the extension in the bulletin in accordance with the office’s publication schedule established by rule under Section 63G-3-402. |
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| (7) |
An extension permits the agency to comply with the requirements described in Subsections (1) and (3) up to 120 days after the deadline described in Subsection (1). |
| (8) |
| (a) |
If an agency does not comply with the requirements described in Subsection (3), and does not file an extension under Subsection (6), the rule expires automatically on the day immediately after the date of the missed deadline. |
| (b) |
If an agency files an extension under Subsection (6) and does not comply with the requirements described in Subsection (3) within 120 days after the day on which the deadline described in Subsection (1) expires, the rule expires automatically on the day immediately after the date of the missed deadline. |
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| (9) |
After a rule expires under Subsection (8), the office shall:
| (a) |
publish a notice in the next issue of the bulletin that the rule has expired and is no longer enforceable; |
| (b) |
remove the rule from the code; and |
| (c) |
notify the agency that the rule has expired. |
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| (10) |
After a rule expires, an agency must comply with the requirements of Section 63G-3-301 to reenact the rule. |
Amended by Chapter 193, 2016 General Session
