H.B. 316, “Administrative Rules Procedure Amendments,” provided no implementation guidance. After discussing the issue with counsel, the Division of Administrative Rules has decided to file an emergency rule to clarify how the bill will affect proposed rules filed for publication, and to bring Rule R15-4 into compliance with the bill’s provisions.
In summary, the emergency rule (File No. 28586), effective April 15, 2006, temporarily amends Sections R15-4-4 and R15-4-5 making them consistent with Subsection 63-64a-4(10) as amended by H.B. 316. The emergency rule clarifies that administrative rules filed for publication prior to May 1 are subject to the existing law, and rules filed for publication on May 1 or later are subject to the law as amended by H.B. 316. H.B. 316 goes into effect on May 1, 2006. Nothing in the statute or rule prevents an agency from waiting the seven days before making a rule effective that was filed prior to May 1. A regular proposed rule will be filed within the next several months.
A PDF version of the emergency rule is temporarily available at http://www.rules.utah.gov/publicat/bulletin/2006/20060415/28586.pdf. The emergency rule was filed on March 31, 2006, with a designated effective date of April 15, 2006. Questions regarding the emergency rule may be directed to Ken Hansen (khansen@utah.gov).