1     
ADMINISTRATIVE RULEMAKING ACT MODIFICATIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Howard A. Stephenson

5     
House Sponsor: Curtis Oda

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Utah Administrative Rulemaking Act relating to
10     public hearings.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that under certain circumstances, the State Board of Education is exempt
14     from the public hearing requirements described in the Utah Administrative
15     Rulemaking Act.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63G-3-302, as renumbered and amended by Laws of Utah 2008, Chapter 382
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 63G-3-302 is amended to read:
26          63G-3-302. Public hearings.
27          (1) [Each] An agency may hold a public hearing on a proposed rule[, amendment to a
28     rule, or repeal of a rule] during the public comment period.
29          (2) [Each] (a) Except as provided in Subsection (3), an agency shall hold a public
30     hearing on a proposed rule[, amendment to a rule, or repeal of a rule] if:
31          [(a)] (i) a public hearing is required by state or federal mandate; or
32          [(b) (i)] (ii) (A) a public hearing is requested by another state agency, 10 interested
33     persons, or an interested association [having not fewer than] that has at least 10 members
34     [request a public hearing]; and
35          [(ii)] (B) the agency receives the request in writing not more than 15 days after [the
36     publication date of] the day on which the proposed rule is published in the bulletin.
37          [(3) The] (b) An agency shall hold [the] a hearing described in Subsection (2)(a):
38          [(a)] (i) before the day on which the proposed rule becomes effective; and
39          [(b)] (ii) no less than seven days [nor] but no more than 30 days after [receipt of the
40     request for] the day on which the agency receives the public hearing request.
41          (3) This section does not apply to the State Board of Education if, before filing a
42     proposed rule with the division, the State Board of Education:
43          (a) discusses the proposed rule at a meeting that is open to the public under Title 52,
44     Chapter 4, Open and Public Meetings Act;
45          (b) during the meeting described in Subsection (3)(a):
46          (i) accepts public comment on the proposed rule; and
47          (ii) allows each speaker at least:
48          (A) five minutes to present the speaker's comments; or
49          (B) 15 minutes to present the speaker's comments, if the speaker is speaking on behalf
50     of an organization or association that represents 10 or more individuals; and
51          (c) makes the proposed rule available to the public on the State Board of Education's
52     website at least 21 days before the day on which the State Board of Education holds the
53     meeting described in Subsection (3)(a).
54          (4) A meeting of a portion of or a committee of the State Board of Education does not
55     satisfy the requirement described in Subsection (3)(a).