This bill, an Administrative Rules Review Committee bill, makes changes to rulemaking procedure. It: (1) imposes an affirmative requirement on agencies to “review and evaluate all public comments submitted in writing or presented at public hearings conducted by the agency,” (2) requires a five business day consideration period following the public comment period before an agency may make a rule effective, (3) defines the phrase “initiate rulemaking proceedings” to mean filing a rule with the Division of Administrative Rules, (4) increases the number of days to consider a petition for rulemaking from 30 to 60 days for agencies, and from 30 to 80 days for boards with an extra requirement that a board place a petition on its agenda within 45 days, and (5) designates a petition to which an agency fails to respond or initiate rulemaking within the specified period as “denied” providing that “the petitioner may seek a writ of mandamus in state district court.”
H.B. 316 has a fiscal impact on the Division of Administrative Rules. To help mitigate part of the fiscal note, Rep. Ure has agreed to amend line 92 to change “five business days” to “seven calendar days”.
More information about H.B. 316 is available at http://www.le.state.ut.us/~2006/htmdoc/hbillhtm/hb0316.htm.
Questions regarding this bill may be directed to Ken Hansen at 801-538-3777.