DAR File No. 39729

This notice was published in the October 1, 2015, issue (Vol. 2015, No. 19) of the Utah State Bulletin.


Administrative Services, Administrative Rules

Rule R15-4

Administrative Rulemaking Procedures

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39729
Filed: 09/11/2015 11:47:47 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-3-402(1) requires the Division to administer the Utah Administrative Rulemaking Act, Title 63G, Chapter 3; to establish all filing, publication, and hearing procedures necessary to make rules; and to require state agencies to comply with filing, publication, and hearing procedures. Subsection 63G-3-301(2) requires agencies to comply with rules made by the Division to implement the Act.

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:

Rule R15-4 establishes publication dates for the Utah State Bulletin and Utah State Digest pursuant to Subsections 63G-3-402(1)(d) and 63G-3-402(1)(f); establishes filing and publication deadlines; clarifies how the 30-day comment period is calculated; clarifies filing requirements for notices of effective date, nonsubstantive changes, changes in proposed rules, and 120-day (emergency) rules; clarifies how rule text is to be marked to show changes; and provides that changes not correctly marked may or may not, at the discretion of the director or his designee, be codified. This rule is necessary and should be continued because it ensures the statutory minimum level of public access to agency administrative rules; it helps ensure consistent application of rulemaking procedures across state agencies; and it establishes the Division's rule filing standards so that a state agency can know what to expect when it engages in rulemaking.

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

Administrative Services
Administrative Rules
Room 5110 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

  • Michael Broschinsky at the above address, by phone at 801-538-3003, by FAX at 801-537-9240, or by Internet E-mail at mbroschi@utah.gov

Effective:

09/11/2015

Authorized by:

Patricia Smith-Mansfield, Director


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

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/2015/b20151001.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 Michael Broschinsky at the above address, by phone at 801-538-3003, by FAX at 801-537-9240, or by Internet E-mail at mbroschi@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.