Administrative Services, Administrative Rules

Rule R15-2

Public Petitioning for Rulemaking

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34105
Filed: 09/21/2010 09:47:53 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:

Subsection 63G-3-601(2) requires the Division to promulgate administrative rules governing rulemaking petitions and to prescribe the form for petitions made under Section 63G-3-601.

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 this 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-3-601 permits interested persons to petition an agency to enact, amend, or repeal a rule. Subsection 63G-3-601(2) mandates that the Division "prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition." Rule R15-2 establishes petitioning procedures and requires petitioners to provide specific information. Rule R15-2 also establishes procedures governing agency consideration and disposition of rulemaking petitions. Therefore, this rule should be continued. Rulemaking petitions provide citizens an important opportunity to directly influence the content of agency rules. Subsections 63G-3-601(5) and (6) requires an agency or board to respond to a rulemaking petition within 60 or 80 days respectively from receipt of the petition. A rulemaking petition also constitutes the administrative remedy which, with few exceptions, must be exhausted before a person may ask the court for relief as provided in Section 63G-3-602.

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