One Last Reminder: Deadlines for Rules Specifically Required by 2013 Legislation

December 5, 2013
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Following the 2013 Legislative General Session, 478 bills have or will become law.  The Utah Administrative Rulemaking Act, at Subsection 63G-3-301(13), requires agencies to file administrative rules mandated by legislation within 180 days of the bill’s effective date.

  • In August, Legislative staff sent notice to agency rulewriters and administrators regarding the deadlines.  For the 392 bills that became effective on 05/14/2013, the agency responsible for the program was required to initiate rulemaking (file the rule with the Division) by 11/10/2013.
  • Another 45 bills took effect on 07/01/2013, for which required rules must be filed by 12/28/2013.
  • Please note that 41 bills provided for an effective date other than 05/14/2013 or 07/01/2013 — with some effective prior to 05/14/2013, and others effective after 07/01/2013.  Rules required by these bills are due 180 days from the effective date of the respective bill.

Statute provides that if an agency is unable to meet the 180-day deadline, the agency must appear before the Administrative Rules Review Committee to discuss the delay.  To schedule this appearance, contact Mr. Art Hunsaker at 801-538-1032.

Each agency, in consultation with counsel, is best suited to determine if a bill requires the agency to engage in rulemaking.  Questions about Subsection 63G-3-301(13) may be directed to Ken Hansen (801-538-3777).