NOTICES OF CHANGES IN PROPOSED RULES
Generally
After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive public comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives.
As with a Proposed Rule, a Change in Proposed Rule is preceded by a Rule analysis. This analysis provides summary information about the Change in 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 Change in Proposed Rule is printed. The text shows only those changes made since the Proposed Rule was published in an earlier edition of the Utah State Bulletin. In the online edition, additions made to the rule appear underlined and italicized (e.g., example). Deletions made to the rule appear struck out with brackets surrounding them (e.g., [example]). A row of asterisks in the text (* * * * * *) indicates that unaffected text was removed to conserve space. Occasionally, a Change in Proposed Rule may be too long to print in the paper edition. However, affected text will always appear in this online edition.
While a Change in Proposed Rule does not have a formal comment period, there is a 30-day period during which interested parties may submit comments. The 30-day waiting period for Changes in Proposed Rules published in this issue of the Utah State Bulletin ends July 31, 2009. At its option, the agency may hold public hearings.
From the end of the waiting period through October 29, 2009, the agency may notify the Division of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication date of this issue of the Utah State Bulletin. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule, the Change in Proposed Rule filing, along with its associated Proposed Rule, lapses and the agency must start the process over.
Changes in Proposed Rules are governed by Section 63G-3-303; and Rule R15-2, and Sections R15-4-3, R15-4-7, and R15-4-9.
ADDITIONAL INFORMATION
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).
Last modified: 07/14/2009 10:59 PM