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An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would:

          (a) cause an imminent peril to the public health, safety, or welfare;

          (b) cause an imminent budget reduction because of budget restraints or federal requirements; or

          (c) place the agency in violation of federal or state law (Subsection 63G-3-304(1)).

As with a Proposed Rule, a 120-Day Rule is preceded by a Rule Analysis.  This analysis provides summary information about the 120-Day Rule including the name of a contact person, justification for filing a 120-Day Rule, anticipated cost impact of the rule, and legal cross-references.  A row of asterisks in the text (* * * * *) indicates that unaffected text was removed to conserve space.

A 120-Day Rule is effective at the moment the Division of Administrative Rules receives the filing, or on a later date designated by the agency.  A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule.

Because 120-Day Rules are effective immediately, the law does not require a public comment period. However, when an agency files a 120-Day Rule, it usually files a Proposed Rule at the same time, to make the requirements permanent.  Comment may be made on the Proposed Rule.

Emergency or 120-Day Rules are governed by Section 63G-3-304; and Section R15-4-8.


For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).

Last modified:  07/14/2009 11:00 PM