Comment Period is for Receiving Comment

September 20, 2004

The Utah Administrative Rulemaking Act (UARA) requires an agency to accept public comment on a proposed rule for a period of at least 30 days after the rule is published in the Utah State Bulletin (Bulletin). In addition, the UARA directs that, “each agency shall develop and use flexible approaches in drafting rules that meet the needs of the agency and that involve persons affected by the agency’s rules.” (Subsection 63-46a-4(2))

Agency efforts to involve the public PRIOR to a rule’s publication in the Bulletin do NOT supplant or diminish the comment period that begins after the publication date of a rule in the Bulletin. Failure to consider comment received during the public comment period is grounds for a rule to be challenged and declared invalid (see Subsection 63-46a-12.1(4)(a)(iii)).

If you have questions about rulemaking procedures, please contact the Division (801-538-3764).