Who Makes Utah's Administrative Rules?
All Agencies in the State of Utah Make Administrative Rules
The Authority to Make Rules
The Utah Administrative Rulemaking Act (Act) passed by the Utah State Legislature in 1983, ensures that the public’s right to be involved in the rulemaking process is preserved.
An agency cannot just go out and start writing rules. It must be authorized to regulate. Every year, the Legislature enacts laws to resolve problems that society is facing. In many instances, the Legislature assigns responsibility to oversee a new program to an administrative agency.
Unlike statues, which change only when the Legislature is in session, administrative rules change throughout the year.
An administrative rule serves at least two purposes. First, a properly enacted administrative rule has the binding effect of law. Therefore, a rule affects our lives as much as a statue passed by the legislature, restorctin individuals AND the agency that issues it.
Second, an administrative rule informs citizens of actions a state government agency will take or how a state agency will conduct its business. It provides citizens the opportunity to respond - - whether by providing public comments, or becoming involved in some other way.
The federal equivalent to the Utah Administrative Rulemaking Act is the United States Administrative Procedure Act, a U.S. federal statute, enacted on 11 June 1946, that governs the way in which administrative agencies may propose and establish regulations.
To view the U.S. Administrative Procedure Act, click HERE
To view the Utah Administrative Rulemaking Act, click HERE