H.B. 14 Enrolled
7 LONG TITLE
8 General Description:
9 This bill modifies Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
10 Highlighted Provisions:
11 This bill:
12 . modifies the five-year review filing requirements;
13 . provides that the division's failure to give an agency notice of a five-year review
14 deadline does not exempt the agency's compliance with the provisions in this bill;
15 . clarifies the penalty for an agency's failure to timely comply with the five-year
16 review requirements; and
17 . makes technical changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
21 This bill takes effect on July 1, 2014.
22 Utah Code Sections Affected:
24 63G-3-305 , as last amended by Laws of Utah 2012, Chapter 384
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 63G-3-305 is amended to read:
28 63G-3-305. Agency review of rules -- Schedule of filings -- Limited exemption for
29 certain rules.
30 (1) Each agency shall review each of its rules within five years [
31 original effective date or within five years [
32 whichever is later. [
33 (2) An agency may consider any substantial review of a rule to be a five-year review[
37 (3) At the conclusion of its review, and no later than the deadline described in
38 Subsection (1), the agency shall [
40 or amend and continue the rule and comply with Subsections (3)(a) through (c), as applicable.
41 (a) If the agency continues the rule, [
42 shall file with the division a five-year notice of review and statement of continuation that
44 (i) a concise explanation of the particular statutory provisions under which the rule is
45 enacted and how these provisions authorize or require the rule;
46 (ii) a summary of written comments received during and since the last five-year review
47 of the rule from interested persons supporting or opposing the rule; and
48 (iii) a reasoned justification for continuation of the rule, including reasons why the
49 agency disagrees with comments in opposition to the rule, if any.
50 (b) If the agency repeals the rule, [
51 (i) comply with Section 63G-3-301 [
52 (ii) in the rule analysis described in Section 63G-3-301 , state that the repeal is the
53 result of the agency's five-year review under this section.
54 (c) If the agency amends and continues the rule, [
55 requirements [
56 five-year notice of review and statement of continuation required in Subsection (3)(a).
57 (4) [
58 continuation in the bulletin no later than one year after the deadline described in Subsection
63 (5) (a) The division shall make a reasonable effort to notify an agency [
64 rule is due for review at least 180 days [
65 described in Subsection (1).
66 (b) The division's failure to comply with the requirement described in Subsection (5)(a)
67 does not exempt an agency from complying with any provision of this section.
68 (6) If an agency finds that it will not meet the deadline established in Subsection (1):
69 (a) before the deadline described in Subsection (1), the agency may file [
70 extension [
71 extension; and
72 (b) the division shall publish notice of the extension in [
73 in accordance with the division's publication schedule established by division rule under
74 Section 63G-3-402 .
75 (7) An extension permits the agency to [
76 requirements described in Subsections (1) and (3) up to 120 days after the [
77 deadline described in Subsection (1).
78 (8) (a) If an agency [
79 requirements described in Subsection (3), and does not file an extension [
81 the rule expires automatically on the day immediately after the date of the missed deadline.
82 (b) If an agency files an extension under Subsection (6) and does not comply with the
83 requirements described in Subsection (3) within 120 days after the day on which the deadline
84 described in Subsection (1) expires, the rule expires automatically on the day immediately after
85 the date of the missed deadline.
86 (9) After a rule expires under Subsection (8), the division shall:
87 (a) publish a notice in the next issue of the bulletin that the rule has expired and is no
88 longer enforceable;
89 (b) remove the rule from the code; and
90 (c) notify the agency that the rule has expired.
92 63G-3-301 to reenact the rule.
93 Section 2. Effective date.
94 This bill takes effect on July 1, 2014.
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