At the November 17, 2008, Administrative Rules Review Committee meeting, the committee approved the following amendment to the Rulemaking Act.
(13) (a) As used in this Subsection (13), “initiate rulemaking proceedings” means the filing, for the purposes of publication in accordance with Subsection (4), of an agency’s proposed rule that is required by state statute.
(b) A state agency shall initiate rulemaking proceedings no later than 180 days after the effective date of the statutory provision that specifically requires the rulemaking except under Subsection (13)(c).
(c) When a statute is enacted that requires agency rulemaking and the affected agency already has rules in place that meet the statutory requirement, the agency shall submit the rules to the Administrative Rules Review Committee for review within 60 days after the statute requiring the
rulemaking takes effect.
(c)(d) If a state agency does not initiate rulemaking proceedings in accordance with the time requirements in Subsection (13)(b), the state agency shall appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay.
If this language passes during the 2009 General Session, an agency will no longer be required to appear before the Administrative Rules Review Committee to explain why it has not initiated rulemaking in instances when it already had a rule on the books.
This change is in response to an issue raised at the June 4, 2008, Administrative Rules Review Committee meeting. Under the existing statutory language, School and Institutional Trust Lands Administration (SITLA) appeared before the committee because of a requirement imposed by H.B. 354 even though SITLA already had a rule in place. (See Administrative Rules Review Committee minutes for June 4, 2008, meeting.)
The language approved by the committee also inserts the word “specifically” before the word “required” in paragraph (b). This is intended to clarify that this deadline only applies to requirements for rulemaking that are specific (e.g., “The department shall make rules adopting scientifically-based standards for methamphetamine decontamination.” S.B. 209 (2008), Section 3). (See also Section R15-3-5).
Questions or comments about this change may be directed to Ken Hansen at 801-538-3777.