NOTICES OF PROPOSED RULES
Generally
A state agency may file a Proposed Rule when it determines the need for a new rule, a substantive change to an existing rule, or a repeal of an existing rule. Filings received between February 3, 2009, 12:00 a.m., and February 17, 2009, 11:59 p.m., are included in this, the March 1, 2009, issue of the Utah State Bulletin.
In this publication, each Proposed Rule is preceded by a Rule Analysis. The analysis provides summary information about the Proposed Rule including the name of a contact person, anticipated cost impact of the rule, and legal cross-references.
Following the Rule Analysis, the text of the Proposed Rule is printed. In this on-line edition, new rules or additions made to existing rules are underlined and italicized (e.g., example). Deletions made to existing rules are struck out with brackets surrounding them (e.g., [example]). Rules being repealed are completely struck out. A row of asterisks in the text (* * * * * *) indicates that unaffected text was removed to conserve space. If a Proposed Rule is too long to print, the Division of Administrative Rules will include only the Rule Analysis. A copy of each rule that is too long to print is available from the filing agency or from the Division of Administrative Rules.
The law requires that an agency accept public comment on Proposed Rules published in this issue of the Utah State Bulletin until at least March 31, 2009. The agency may accept comment beyond this date and will list the last day the agency will accept comment in the Rule Analysis. The agency may also hold public hearings. Additionally, citizens or organization may request the agency to hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received "in writing not more than 15 days after the publication date of the Proposed Rule."
From the end of the public comment period through June 29, 2009, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date of this issue of the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule filing lapses and the agency must start the process over.
The public, interest groups, and governmental agencies are invited to review and comment on Proposed Rules. Comment may be directed to the contact person identified on the Rule Analysis for each rule.
Proposed Rules are governed by Section 63G-3-301; and Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10.
ADDITIONAL INFORMATION
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).
Last modified: 07/14/2009 11:05 PM