In general, Utah’s rulemaking statute does not require an agency to schedule a hearing when it files a proposed rule. However, Section 63-46a-5 provides that:
(2) Each agency shall hold a public hearing on a proposed rule, amendment to a rule, or repeal of a rule if:
(a) a public hearing is required by state or federal mandate;
(b) (i) another state agency, ten interested persons, or an interested association having not fewer than ten members request a public hearing; and
(ii) the agency receives the request in writing not more than 15 days after the publication date of the proposed rule.
The statute continues:
(3) The agency shall hold the hearing:
(a) before the rule becomes effective; and
(b) no less than seven days nor more than 30 days after receipt of the request for hearing.
For these types of hearings, an agency must follow the specific procedures spelled out in Rule R15-1.
An agency may also schedule a rulemaking hearing at its option.
If you have questions about rule hearings, please contact Ken Hansen at 801-538-3777.