NOTICES OF 120-DAY (EMERGENCY) RULES
Generally
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 A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule.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.
ADDITIONAL INFORMATION
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).
Last modified: 07/14/2009 10:58 PM