63G-3-402.  Office of Administrative Rules — Duties generally.

(1)  The office shall:

Terms Used In Utah Code 63G-3-402

  • 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
  • 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. 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • 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.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • 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)  record in a register the receipt of all agency rules, rule analysis forms, and notices of effective dates;

(b)  make the register, copies of all proposed rules, and rulemaking documents available for public inspection;

(c)  publish all proposed rules, rule analyses, notices of effective dates, and review notices in the bulletin at least monthly, except that the office may publish the complete text of any proposed rule that the director determines is too long to print or too expensive to publish by reference to the text maintained by the office;

(d)  compile, format, number, and index all effective rules in an administrative code, and periodically publish that code and supplements or revisions to it;

(e)  publish a digest of all rules and notices contained in the most recent bulletin;

(f)  publish at least annually an index of all changes to the administrative code and the effective date of each change;

(g)  print, or contract to print, all rulemaking publications the director determines necessary to implement this chapter;

(h)  distribute without charge the bulletin and administrative code to state-designated repositories, the Administrative Rules Review and General Oversight Committee, the Office of Legislative Research and General Counsel, and the two houses of the Legislature;

(i)  distribute without charge the digest and index to state legislators, agencies, political subdivisions on request, and the Office of Legislative Research and General Counsel;

(j)  distribute, at prices covering publication costs, all paper rulemaking publications to all other requesting persons and agencies;

(k)  provide agencies assistance in rulemaking;

(l)  if the department operates the office as an internal service fund agency in accordance with Section 63A-1-109.5, submit to the Rate Committee established in Section 63A-1-114:

(i)  the proposed rate and fee schedule as required by Section 63A-1-114; and

(ii)  other information or analysis requested by the Rate Committee;

(m)  administer this chapter and require state agencies to comply with filing, publication, and hearing procedures; and

(n)  make technological improvements to the rulemaking process, including improvements to automation and digital accessibility.

(2)  The office shall establish by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, all filing, publication, and hearing procedures necessary to make rules under this chapter.

(3)  The office may after notifying the agency make nonsubstantive changes to rules filed with the office or published in the bulletin or code by:

(a)  implementing a uniform system of formatting, punctuation, capitalization, organization, numbering, and wording;

(b)  correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, and wording;

(c)  changing a catchline to more accurately reflect the substance of each section, part, rule, or title;

(d)  updating or correcting annotations associated with a section, part, rule, or title; and

(e)  merging or determining priority of any amendment, enactment, or repeal to the same rule or section made effective by an agency.

(4)  In addition, the office may make the following nonsubstantive changes with the concurrence of the agency:

(a)  eliminate duplication within rules;

(b)  eliminate obsolete and redundant words; and

(c)  correct defective or inconsistent section and paragraph structure in arrangement of the subject matter of rules.

(5)  For nonsubstantive changes made in accordance with Subsection (3) or (4) after publication of the rule in the bulletin, the office shall publish a list of nonsubstantive changes in the bulletin. For each nonsubstantive change, the list shall include:

(a)  the affected code citation;

(b)  a brief description of the change; and

(c)  the date the change was made.

(6)  All funds appropriated or collected for publishing the office’s publications shall be nonlapsing.

Amended by Chapter 443, 2022 General Session