Notices of 120-Day (Emergency) Rules

An agency may file a 120-Day (Emergency) Rule when it finds that 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, the reason and justification for filing a 120-Day Rule, anticipated cost impact of the rule, and legal cross-references.

Following the Rule Analysis, the text of the 120-Day Rule is printed. New text is underlined (example) and text to be deleted is struck out with brackets surrounding the deleted text ([example]). An emergency rule that is new is entirely underlined. Likewise, an emergency rule that repeals an existing rule shows the text completely struck out. A row of dots in the text (. . . . . . .) indicates that unaffected text was removed to conserve space.

A 120-Day Rule is effective when filed with the Division of Administrative Rules, 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 A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule.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 of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code.

The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent.

Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8.