File No. 34105
This notice was published in the October 15, 2010, issue (Vol. 2010, No. 20) of the Utah State Bulletin.
Administrative Services, Administrative Rules
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:Administrative Services
450 N STATE ST
SALT LAKE CITY, UT 84114-1201
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 email@example.com
Kenneth Hansen, Director
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2010/b20101015.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Kenneth Hansen at the above address, by phone at 801-538-3777, by FAX at 801-359-0759, or by Internet E-mail at firstname.lastname@example.org.