Administrative Services, Administrative Rules

Rule R15-1

Administrative Rule Hearings

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34104
Filed: 09/21/2010 09:47:26 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsections 63G-3-402(1)(a) and 63G-3-402(1)(n) require the Division to establish all hearing procedures necessary to make rules under the Utah Administrative Rulemaking Act, to administer the Act, and to require agency compliance with hearing procedures.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received since the rule was last reviewed.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Section 63G-3-302 establishes state policy governing rulemaking hearings. The provisions of Rule R15-1 are mandated by Subsections 63G-3-402(1)(a) and 63G-3-402(1)(n). Rule R15-1 provides procedures governing mandatory rulemaking hearings. Hearings are mandatory when a specific provision of law requires a hearing or when no fewer than ten persons or an organization with no fewer than 10 members requests that the agency to hold a hearing within 15 days of the rules publication. A rulemaking hearing provides a meaningful opportunity for citizens to learn about, become involved with, and influence administrative policy making. Comments made by persons at rulemaking hearings become part of the administrative record in which an agency justifies its regulatory decisions. This rule is necessary and should be continued to provide consistent guidelines for mandatory rulemaking hearings.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Kenneth Hansen at the above address, by phone at 801-538-3777, by FAX at 801-359-0759, or by Internet E-mail at khansen@utah.gov

Authorized by:

Kenneth Hansen, Director

Effective:

09/21/2010