Utah Code § 63G-3-301 — Utah Code / Title 63G / Chapter 63G-3 / § 63G-3-301
§ 63G-3-301. Rulemaking procedure.
Status: in_force

(1) An agency authorized to make rules is also authorized to amend or repeal those rules. (2) Except as provided in Sections 63G-3-303 and 63G-3-304, when making, amending, or repealing a rule, agencies shall comply with: (a) the requirements of this section; (b) consistent procedures required by other statutes; (c) applicable federal mandates; and (d) rules made by the office to implement this chapter. (3) Subject to the requirements of this chapter, each agency shall develop and use flexible approaches in drafting rules that meet the needs of the agency and that involve persons affected by the agency's rules. (4) (a) Each agency shall file the agency's proposed rule and rule analysis with the office. (b) Rule amendments shall be marked with new language underlined and deleted language struck out. (c) (i) The office shall publish the information required under Subsection (8) on the rule analysis and the text of the proposed rule in the next issue of the bulletin. (ii) For rule amendments, only the section or subsection of the rule being amended need be printed. (5) Before filing a proposed rule with the office, the agency shall: (a) conduct a thorough analysis, consistent with the criteria established by the Governor's Office of Planning and Budget, of the fiscal impact the rule may have on businesses, which criteria may include: (i) the type of industries that will be impacted by the proposed rule, and for each identified industry, an estimate of the total number of businesses within the industry, and an estimate of the number of those businesses that are small businesses; (ii) the individual fiscal impact that would incur to a single business for a one-year period; (iii) the aggregated total fiscal impact that would incur to all businesses within the state for a one-year period; (iv) the total cost that would incur to all impacted entities over a five-year period; and (v) the department head's comments on the analysis; and (b) consider the impact the proposed rule may have on family health, stability, and formation. (6) (a) If the agency reasonably expects that a proposed rule will have a measurable negative fiscal impact on small businesses, the agency shall consider, as allowed by federal law, each of the following methods of reducing the impact of the proposed rule on small businesses: (i) establishing less stringent compliance or reporting requirements for small businesses; (ii) establishing less stringent schedules or deadlines for compliance or reporting requirements for small businesses; (iii) consolidating or simplifying compliance or reporting requirements for small businesses; (iv) establishing performance standards for small businesses to replace design or operational standards required in the proposed rule; and (v) exempting small businesses from all or any part of the requirements contained in the proposed rule. (b) (i) If an agency reasonably expects that a proposed rule will have a measurable negative impact on family health, stability, or formation, the agency shall, to the extent allowed by state and federal law, consider reasonable alternatives or modifications to the rule that may reduce the impact, which may include: (A) phasing in compliance or implementation requirements; (B) adjusting effective dates or transition periods; (C) simplifying administrative or procedural requirements that directly affect families; or (D) other reasonable alternatives identified by the agency. (ii) An agency is not required to adopt an alternative or modification described in Subsection (6)(b)(i). (7) If during the public comment period an agency receives comment that the proposed rule will cost small business more than one day's annual average gross receipts, and the agency had not previously performed the analysis in Subsection (6)(a), the agency shall perform the analysis described in Subsection (6)(a). (8) The rule analysis shall contain: (a) a summary of the proposed rule; (b) the purpose of the proposed rule or reason for the change; (c) the statutory authority or federal requirement for the proposed rule; (d) the anticipated cost or savings to: (i) the state budget; (ii) local governments; (iii) small businesses; and (iv) persons other than small businesses, businesses, or local governmental entities; (e) the compliance cost for affected persons; (f) how interested persons may review the full text of the proposed rule; (g) how interested persons may present their views on the proposed rule; (h) the time and place of any scheduled public hearing; (i) the name, email, and telephone number of an agency employee who may be contacted about the proposed rule; (j) the name of the agency head or designee who authorized the proposed rule; (k) the date on which the proposed rule may become effective following the public comment period; (l) the agency's analysis on the fiscal impact of the proposed rule on businesses as required under Subsection (5)(a); (m) a brief statement that the agency considered the impact of the rule on family health, stability, and formation under Subsection (5)(b) and, if applicable, a brief summary of the agency's efforts to consider reasonable alternatives or modifications under Subsection (6)(b); (n) any additional comments the department head may choose to submit regarding the fiscal impact the proposed rule may have on businesses; and (o) if applicable, a summary of the agency's efforts to comply with the requirements of Subsection (6)(a). (9) (a) For a rule being repealed and readopted, the rule analysis shall contain a summary that generally includes the following: (i) a summary of substantive provisions in the repealed rule which are eliminated from the adopted rule; and (ii) a summary of new substantive provisions appearing only in the adopted rule. (b) The summary required under this Subsection (9) is to aid in review and may not be used to contest any rule on the ground of noncompliance with the procedural requirements of this chapter. (10) An agency shall provide a copy of the rule analysis to a person that makes a timely request of the agency for advance notice of the agency's rulemaking proceedings and to any other person that, by statutory or federal mandate or in the judgment of the agency, should also receive notice. (11) (a) Following the publication date, the agency shall allow at least 30 days for public comment on the proposed rule. (b) The agency shall review and evaluate all public comments submitted in writing within the time period under Subsection (11)(a) or presented at public hearings conducted by the agency within the time period under Subsection (11)(a). (12) (a) Except as provided in Section 63G-3-303, Section 63G-3-304, and Section 63G-3-304.1, a proposed rule becomes effective on any date specified by the agency that is: (i) no fewer than seven calendar days after the day on which the public comment period closes under Subsection (11); and (ii) no more than 120 days after the day on which the rule is published. (b) The agency shall provide notice of the rule's effective date to the office in the form required by the office. (c) The notice of effective date may not provide for an effective date before the day on which the office receives the notice. (d) The office shall publish notice of the effective date of the rule in the next issue of the bulletin. (e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is not filed with the office within 120 days after the day on which the rule is published. (13) (a) (i) Before an agency makes a proposed rule effective, the agency shall submit to the appropriations subcommittee and interim committee with jurisdiction over the agency the agency's proposed rule for review, if the proposed rule, over a five-year period, has an anticipated cost, as calculated in Subsection (8)(d), of more than $1,000,000 statewide. (ii) A proposed rule that is subject to Subsection (13)(e) is exempt from Subsection (13)(a)(i). (b) An appropriations subcommittee or interim committee that reviews a rule an agency submits under Subsection (13)(a) shall: (i) before the review, directly inform the chairs of the General Oversight Committee of the coming review, including the date, time, and place of the review; and (ii) after the review, directly inform the chairs of the General Oversight Committee of the outcome of the review, including any recommendation. (c) An appropriations subcommittee or interim committee that reviews a rule an agency submits under Subsection (13)(a) may recommend to the General Oversight Committee that the General Oversight Committee not recommend reauthorization of the rule in the legislation described in Section 63G-3-502. (d) Unless an agency cannot implement a statute or execute a federally delegated authority without making a rule that is estimated to have substantial fiscal impact, the agency may not file the rule. (e) The requirements described in Subsections (13)(a) and (13)(b) do not apply to: (i) the State Tax Commission; or (ii) the State Board of Education. (14) (a) An agency shall initiate rulemaking proceedings no later than 180 days after the day on which the statutory provision that specifically requires the rulemaking takes effect, except under Subsection (14)(b). (b) When a statute is enacted that requires agency rulemaking and the affected agency already has rules in place that meet the statutory requirement, the agency shall submit the rules to the General Oversight Committee for review within 60 days after the day on which the statute requiring the rulemaking takes effect. (c) If an agency does not initiate rulemaking proceedings in accordance with the time requirements in Subsection (14)(a), the agency shall appear before the legislative General Oversight Committee and provide the reasons for the delay.