Under the provisions of Subsection 63G-3-301(13), when a bill passes that specifically mandates rulemaking (e.g., “agency shall write rules”), the affected agency is required to initiate rulemaking within 180-days of the bill’s effective date. In other words:
- For bills effective 05/11/2010, corresponding rules must be filed with the Division of Administrative Rules by 11/07/2010.
- For bills effective 07/01/2010, corresponding rules must be filed with the Division of Administrative Rules by 12/28/2010.
The Legislature may designate other dates as the effective date for a bill. It is the agencies’ responsibility to check the effective date of a bill that specifically requires rulemaking and file the requisite rule within 180 days of the bill’s effective date.
If an agency is unable to make the deadline set in Subsection 63G-3-301(13), the agency needs to contact Mr. Art Hunsaker in the Office of Legislative Research and General Counsel at 801-538-1032, to schedule a time to appear before the Administrative Rules Review Committee to discuss the delay.
Questions about the provisions of Subsection 63G-3-301(13) may be directed to Ken Hansen at 801-538-3777.