School and Institutional Trust Lands, Administration

Rule R850-10

Expedited Rulemaking

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33288
Filed: 12/22/2009 07:47:13 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 53C-1-201(3)(c) specifically authorizes an "expedited" rulemaking process, outside of the traditional rulemaking process, or the emergency rulemaking process established under Title 63G, Chapter 3. Although the statutory authorization for expedited rules instructs the director of the agency to establish a procedure to enact expedited rules, it was deemed prudent that this procedure be in rule, also. Rule R850-10 established the procedure used for promulgating expedited rules.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received concerning this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Rule R850-10 provides the guidelines to carry out the direction of the legislature as provided by statute in Subsection 53C-1-201(3)(c). The need to be able to enact expedited rules continues to exist due to changing marketplaces and the agency's need to react quickly to time-sensitive business opportunities. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• John Andrews at the above address, by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at [email protected]

Effective:

12/22/2009

Authorized by:

Kevin Carter, Director