H.B. 327, requiring timely adoption of administrative rules, has passed. It amends Section 63-46a-4 requiring an agency to “initiate rulemaking proceedings no later than 180 days after the effective date of the statutory provision that requires the rulemaking.” If the agency is unable to file the rule by the deadline, it is required to “appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay.”
By adding these provisions, H.B. 327 creates a procedure (file or appear) that an agency must follow. Failure to follow this procedure potentially opens any administrative rule to challenge in court, if the rule was promulgated pursuant to a bill after the 180-day deadline.
The language used in the bill creates ambiguity when read in context of the existing language in the Act. The ambiguity is compounded by representations of the sponsor to members of the Administrative Rules Review Committee. The Division of Administrative Rules will file an administrative rule to clarify the ambiguous language.
Pending the Governor’s signature, H.B. 327 will go into effect on April 30, 2007. More information about H.B. 327 is available on the Legislature’s web site at http://le.utah.gov/~2007/htmdoc/hbillhtm/hb0327.htm.