reglab/housing_qa huggingface dataset:
UT Code § 63G-3-202 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 3 - Utah Administrative Rulemaking Act|Part 2 - Circumstances Requiring Rulemaking - Status of Administrative Rules|Section 202 - Rules having the effect of law.

63G-3-202. Rules having the effect of law.    (1) An agency's written statement is a rule if it conforms to the definition of a rule under Section 63G-3-102, but the written statement is not enforceable unless it is made as a rule in accordance with the requirements of this chapter.     (2) An agency's written statement that is made as a rule in accordance with the requirements of this chapter is enforceable and has the effect of law.    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-3-302 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 3 - Utah Administrative Rulemaking Act|Part 3 - Rulemaking Procedures|Section 302 - Public hearings.

63G-3-302. Public hearings.    (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.     (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
UT Code § 63G-3-303 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 3 - Utah Administrative Rulemaking Act|Part 3 - Rulemaking Procedures|Section 303 - Changes in rules.

 Effective 5/10/2016  63G-3-303. Changes in rules.    (1)   (a) To change a proposed rule already published in the bulletin, an agency shall file with the office:   (i) the text of the changed rule; and     (ii) a rule analysis containing a description of the change and the information required by Section 63G-3-301.       (b) A change to a proposed rule may not be filed more than 120 days after publication of the rule being changed.     (c) The office shall publish the rule analysis for the changed rule in the bulletin.     (d) The changed proposed rule and its associated proposed rule will become effective on a date specified by the agency, not less than 30 days or more than 120 days after publication of the last change in proposed rule.     (e) A changed proposed rule and its associated proposed rule lapse if a notice of effective date or another change to a proposed rule is not filed with the office within 120 days of publication of the last change in proposed rule.       (2) If the rule change is nonsubstantive:   (a) the agency need not comply with the requirements of Subsection (1); and     (b) the agency shall notify the office of the change in writing.       (3) If the rule is effective, the agency shall amend the rule according to the procedures specified in Section 63G-3-301.    Amended by Chapter 193, 2016 General Session
UT Code § 63G-3-304 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 3 - Utah Administrative Rulemaking Act|Part 3 - Rulemaking Procedures|Section 304 - Emergency rulemaking procedure.

 Effective 5/5/2021  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:   (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.       (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 Committee:   (i) the text of the rule; and     (ii) a rule analysis that includes the specific reasons and justifications for its findings.       (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.       (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 437, 2021 General Session
UT Code § 63G-3-401 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 3 - Utah Administrative Rulemaking Act|Part 4 - Office of Administrative Rules|Section 401 - Office of Administrative Rules created -- Director.

 Effective 7/1/2021  63G-3-401. Office of Administrative Rules created -- Director.    (1) There is created within the Department of Government Operations the Office of Administrative Rules, to be administered by a director.     (2)   (a) The executive director shall appoint the director.     (b) The director shall hire, train, and supervise staff necessary for the office to carry out the provisions of this chapter.      Amended by Chapter 344, 2021 General Session
UT Code § 63G-3-601 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 3 - Utah Administrative Rulemaking Act|Part 6 - Judicial Review|Section 601 - Interested parties -- Petition for agency action.

 Effective 5/12/2020  63G-3-601. Interested parties -- Petition for agency action.    (1) As used in this section, "initiate rulemaking proceedings" means the filing, for the purposes of publication in accordance with Subsection 63G-3-301(4), of an agency's proposed rule to implement a petition for the making, amendment, or repeal of a rule as provided in this section.     (2) An interested person may petition an agency to request the making, amendment, or repeal of a rule.     (3) The office shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition.     (4) A statement shall accompany the proposed rule, or proposed amendment or repeal of a rule, demonstrating that the proposed action is within the jurisdiction of the agency and appropriate to the powers of the agency.     (5) Within 60 days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings.     (6)   (a) If the petition is submitted to a board that has been granted rulemaking authority by the Legislature, the board shall, within 45 days of the submission of the petition, place the petition on its agenda for review.     (b) Within 80 days of the submission of the petition, the board shall either:   (i) deny the petition in writing stating its reasons for denial; or     (ii) initiate rulemaking proceedings.         (7) If the agency or board has not provided the petitioner written notice that the agency has denied the petition or initiated rulemaking proceedings within the time limitations specified in Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state district court.    Amended by Chapter 408, 2020 General Session
UT Code § 63G-3-603 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 3 - Utah Administrative Rulemaking Act|Part 6 - Judicial Review|Section 603 - Time for contesting a rule -- Statute of limitations.

63G-3-603. Time for contesting a rule -- Statute of limitations.    (1) A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this chapter shall commence within two years of the effective date of the rule.     (2) A proceeding to contest any rule on the ground of not being supported by substantial evidence when viewed in light of the whole administrative record shall commence within four years of the effective date of the challenged action.     (3) A proceeding to contest any rule on the basis that a change to the rule made under Subsection 63G-3-402(2) or (3) substantively changed the rule shall be commenced within two years of the date the change was made.    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-3-701 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 3 - Utah Administrative Rulemaking Act|Part 7 - Official Compilation of Administrative Rules|Section 701 - Utah Administrative Code as official compilation of rules -- Judicial notice.

63G-3-701. Utah Administrative Code as official compilation of rules -- Judicial notice.  The code shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the administrative law of the state of Utah and as an authorized compilation of the administrative law of Utah. All courts shall take judicial notice of the code and its provisions.  Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-3-702 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 3 - Utah Administrative Rulemaking Act|Part 7 - Official Compilation of Administrative Rules|Section 702 - Utah Administrative Code -- Organization -- Official compilation.

 Effective 5/10/2016  63G-3-702. Utah Administrative Code -- Organization -- Official compilation.    (1) The Utah Administrative Code shall be divided into three parts:   (a) titles, whose number shall begin with "R";     (b) rules; and     (c) sections.       (2) All sections contained in the code are referenced by a three-part number indicating its location in the code.     (3) The office shall maintain the official compilation of the code and is the state-designated repository for administrative rules. If a dispute arises in which there is more than one version of a rule, the latest effective version on file with the office is considered the correct, current version.    Amended by Chapter 193, 2016 General Session
UT Code § 63G-4-101 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 1 - General Provisions|Section 101 - Title.

63G-4-101. Title.  This chapter is known as the "Administrative Procedures Act."  Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-103 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 1 - General Provisions|Section 103 - Definitions.

63G-4-103. Definitions.    (1) As used in this chapter:   (a) "Adjudicative proceeding" means an agency action or proceeding described in Section 63G-4-102.     (b) "Agency" means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state.     (c) "Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by statute.     (d) "Declaratory proceeding" means a proceeding authorized and governed by Section 63G-4-503.     (e) "License" means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by statute.     (f) "Party" means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding.     (g) "Person" means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency.     (h)   (i) "Presiding officer" means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding.     (ii) If fairness to the parties is not compromised, an agency may substitute one presiding officer for another during any proceeding.     (iii) A person who acts as a presiding officer at one phase of a proceeding need not continue as presiding officer through all phases of a proceeding.       (i) "Respondent" means a person against whom an adjudicative proceeding is initiated, whether by an agency or any other person.     (j) "Superior agency" means an agency required or authorized by law to review the orders of another agency.       (2) This section does not prohibit an agency from designating by rule the names or titles of the agency head or the presiding officers with responsibility for adjudicative proceedings before the agency.    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-104 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 1 - General Provisions|Section 104 - Bases for certain recommendations and decisions limited.

63G-4-104. Bases for certain recommendations and decisions limited.    (1) Except as provided in Subsection (2), no agency may recommend or rule on the custody, placement, including foster placement, or other disposition alternative for a minor, or the termination of parental rights, based on the fact that a parent or guardian of the minor lawfully does one or more of the following:   (a) legally possesses or uses a firearm or other weapon;     (b) espouses particular religious beliefs; or     (c) schools the minor or other minors outside the public education system or is otherwise sympathetic to schooling a minor outside the public education system.       (2) Subsection (1) does not prohibit a recommendation or ruling based on the compatibility of a minor with a particular custody, placement, or other disposition alternative as determined by the presence of any of the factors in Subsections (1)(a) through (1)(c).    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-105 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 1 - General Provisions|Section 105 - Transition procedures.

63G-4-105. Transition procedures.    (1) The procedures for agency action, agency review, and judicial review contained in this chapter are applicable to all agency adjudicative proceedings commenced by or before an agency on or after January 1, 1988.     (2) Statutes and rules governing agency action, agency review, and judicial review that are in effect on December 31, 1987, govern all agency adjudicative proceedings commenced by or before an agency on or before December 31, 1987, even if those proceedings are still pending before an agency or a court on January 1, 1988.    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-106 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 1 - General Provisions|Section 106 - Access to information on state-controlled websites.

 Effective 5/10/2016  63G-4-106. Access to information on state-controlled websites.    (1) As used in this section and Sections 63G-4-107 and 63G-4-108:   (a) "Administrative disciplinary action" means, subject to the limitations described in Section 63G-4-102, state agency action against the interest of an individual that affects a legal right, duty, privilege, immunity, or other legal interest of an individual, including agency action to deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license.     (b) "Record of administrative disciplinary action" means a notice, request, complaint, report, order, or other information related to an administrative disciplinary action.     (c) "State-controlled website" means a website:   (i) operated by:   (A) an agency; or     (B) a third party pursuant to a contract with an agency under which the agency controls the data available to the public; and       (ii) that includes personally identifiable information.         (2) Unless otherwise required by federal law, if an agency maintains, on a state-controlled website available to the public, a record of administrative disciplinary action, the agency shall remove the record of administrative disciplinary action from public access on the state-controlled website by no later than 10 years from the date:   (a) a final order related to the administrative disciplinary action was issued; or     (b) the administrative disciplinary action was commenced, if no final order was issued related to the administrative disciplinary action.       (3) Notwithstanding Subsection (2):   (a) a record of administrative disciplinary action issued in accordance with this chapter shall maintain its record classification pursuant to Subsection 63G-2-301(2)(c) or (3)(t); and     (b) a person may make a request for the record of administrative disciplinary action in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.      Enacted by Chapter 312, 2016 General Session
UT Code § 63G-4-108 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 1 - General Provisions|Section 108 - Impact on duty to disclose an administrative action.

 Effective 5/10/2016  63G-4-108. Impact on duty to disclose an administrative action.  The removal of a record of an administrative disciplinary action from a state-controlled website in accordance with Section 63G-4-106 or 63G-4-107 does not affect any separate legal duty or requirement that the subject of the administrative disciplinary action may have to disclose the action. Enacted by Chapter 312, 2016 General Session
UT Code § 63G-4-202 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 2 - Adjudicative Proceedings|Section 202 - Designation of adjudicative proceedings as informal -- Standards -- Undesignated proceedings formal.

63G-4-202. Designation of adjudicative proceedings as informal -- Standards -- Undesignated proceedings formal.    (1) The agency may, by rule, designate categories of adjudicative proceedings to be conducted informally according to the procedures set forth in rules enacted under the authority of this chapter if:   (a) the use of the informal procedures does not violate any procedural requirement imposed by a statute other than this chapter;     (b) in the view of the agency, the rights of the parties to the proceedings will be reasonably protected by the informal procedures;     (c) in the view of the agency, the agency's administrative efficiency will be enhanced by categorizations; and     (d) the cost of formal adjudicative proceedings outweighs the potential benefits to the public of a formal adjudicative proceeding.       (2) Subject to the provisions of Subsection (3), all agency adjudicative proceedings not specifically designated as informal proceedings by the agency's rules shall be conducted formally in accordance with the requirements of this chapter.     (3) Any time before a final order is issued in any adjudicative proceeding, the presiding officer may convert a formal adjudicative proceeding to an informal adjudicative proceeding, or an informal adjudicative proceeding to a formal adjudicative proceeding if:   (a) conversion of the proceeding is in the public interest; and     (b) conversion of the proceeding does not unfairly prejudice the rights of any party.      Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-203 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 2 - Adjudicative Proceedings|Section 203 - Procedures for informal adjudicative proceedings.

63G-4-203. Procedures for informal adjudicative proceedings.    (1) If an agency enacts rules designating one or more categories of adjudicative proceedings as informal adjudicative proceedings, the agency shall, by rule, prescribe procedures for informal adjudicative proceedings that include the following:   (a) Unless the agency by rule provides for and requires a response, no answer or other pleading responsive to the allegations contained in the notice of agency action or the request for agency action need be filed.     (b) The agency shall hold a hearing if a hearing is required by statute or rule, or if a hearing is permitted by rule and is requested by a party within the time prescribed by rule.     (c) In any hearing, the parties named in the notice of agency action or in the request for agency action shall be permitted to testify, present evidence, and comment on the issues.     (d) Hearings will be held only after timely notice to all parties.     (e) Discovery is prohibited, but the agency may issue subpoenas or other orders to compel production of necessary evidence.     (f) All parties shall have access to information contained in the agency's files and to all materials and information gathered in any investigation, to the extent permitted by law.     (g) Intervention is prohibited, except that the agency may enact rules permitting intervention where a federal statute or rule requires that a state permit intervention.     (h) All hearings shall be open to all parties.     (i) Within a reasonable time after the close of an informal adjudicative proceeding, the presiding officer shall issue a signed order in writing that states the following:   (i) the decision;     (ii) the reasons for the decision;     (iii) a notice of any right of administrative or judicial review available to the parties; and     (iv) the time limits for filing an appeal or requesting a review.       (j) The presiding officer's order shall be based on the facts appearing in the agency's files and on the facts presented in evidence at any hearings.     (k) A copy of the presiding officer's order shall be promptly mailed to each of the parties.       (2)   (a) The agency may record any hearing.     (b) Any party, at the party's own expense, may have a reporter approved by the agency prepare a transcript from the agency's record of the hearing.       (3) Nothing in this section restricts or precludes any investigative right or power given to an agency by another statute.    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-204 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 2 - Adjudicative Proceedings|Section 204 - Procedures for formal adjudicative proceedings -- Responsive pleadings.

63G-4-204. Procedures for formal adjudicative proceedings -- Responsive pleadings.    (1) In all formal adjudicative proceedings, unless modified by rule according to Subsection 63G-4-201(5), the respondent, if any, shall file and serve a written response signed by the respondent or the respondent's representative within 30 days of the mailing date or last date of publication of the notice of agency action or the notice under Subsection 63G-4-201(3)(d), which shall include:   (a) the agency's file number or other reference number;     (b) the name of the adjudicative proceeding;     (c) a statement of the relief that the respondent seeks;     (d) a statement of the facts; and     (e) a statement summarizing the reasons that the relief requested should be granted.       (2) The respondent shall send a copy of the response filed under Subsection (1) to each party.     (3) The presiding officer, or the agency by rule, may permit or require pleadings in addition to the notice of agency action, the request for agency action, and the response. All documents permitted or required to be filed shall be filed with the agency and one copy shall be sent to each party.    Renumbered and Amended by Chapter 382, 2008 General Session