Glossary of Terms
The list below is a compilation of terms used in the rulemaking process. Terms that are defined by statute or rule end with the citation in parentheses.
These definitions are provided for your convenience. Considerable effort has been made to assure the accuracy of this information. However, when dealing with the law, it is important that you verify the legal definition of terms by going to the source (i.e., the citation provided).
- means the Utah Administrative Rulemaking Act, Title 63G, Chapter 3. See Section 63G-3-101.
- Administrative law
- means the body of law that concerns agency duties and powers, of limitations imposed by the Utah Constitution and by the other branches on these powers, and of laws made under these powers (adapted from Phillip J. Cooper. Public Law and Public Administration, 2nd Ed. Englewood Cliffs, New Jersey: Prentice Hall, 1988. p. 4.)
- Administrative record
- means information an agency relies upon when making a rule including:
(a) the proposed rule, change in the proposed rule, and the rule analysis form;
(b) the public comment received and recorded by the agency during the public comment period;
(c) the agency's response to the public comment;
(d) the agency's analysis of the public comment; and
(e) the agency's report of its decision-making process. (Subsection 63G-3-102(1))
- Administrative Rules Review Committee (ARRC)
- means the Utah Legislature's Administrative Rules Review Committee -- a joint special legislative committee that typically meets between general sessions, but that may also meet during a general session -- established by Section 63G-3-501.
- means, the the purposes of this office, a state government entity that has been granted rulemaking authority. This does not include the Legislature, its committees, the political subdivisions of the state, or the courts. (For a full definition of a state agency see Subsection 63G-3-102(2))
- Amendment (AMD)
- means a type of proposed rule which changes the current rule text in the Utah Administrative Code. This kind of rulemaking action will change how a rule is implemented. (Subsection 63G-3-301(4) and Section R15-4-9)
- Anniversary Date
- means the date that a rule is due for a five-year review. This date is either five years after the original effective date of the rule or five years since the last five-year review. The requirements of a five-year review can be found under Subsections 63G-3-305(3) and R15-4-2(2)(a)
- means the Utah State Bulletin. This is the bimonthly publication produced by the office that includes all proposed rules, rule analyses, notice of effective dates, and review notices. (Subsections 63G-3-102(3) and 63G-3-402(1)(c))
- means a short summary of each rule or section. The catchline follows the rule reference and serves the same function as boldface in legislation. The catchline is not enforceable text. (Subsection 63G-3-102(4))
- Change in Proposed Rule (CPR)
- means a type of rulemaking action that substantively amends a proposed rule that has been published in the bulletin but has not been made effective by the agency. (Section 63G-3-303 and Section R15-4-7)
- means the body of all effective rules as compiled and organized by the office and entitled "Utah Administrative Code" (Subsection 63G-3-102(5)). Putting a rule in the code makes it easily accessible to the public. The online version of the Utah Administrative Code can be found here.
- means the process of collecting and arranging administrative rules in the Utah Administrative Code. (Subsection R15-4-2(2)(c))
- Compliance cost
- means what it will cost for a regulated person to adhere to the new rule or rule change. (Section R15-4-2(2)(d))
- means the aggregated expenses persons affected by a rule will incur if a rule or change is made effective. (Section R15-4-2(2)(e))
- means the Division of Administrative Rules. This was the name of the agency between the years of 1987 and 2016. This abbreviation may appear on various historical documents.
- DAR File Number
- See Filing ID. DAR File number was the term used for the ID number between 1987-2016. This acronym still appears on some office documents.
- means the Utah State Digest that summarizes the content of the bulletin as required by Subsection 63G-3-402(1)(e) (Subsection R15-4-2(2)(b) and R15-5-3(2))
- means the director of the Office of Administrative Rules.
- means the Division of Administrative Rules, which was the active title of the agency from 1987-2016.
- means operative and enforceable. When an agency makes a rule effective, they are able to enforce the regulations within the rule. (Subsection 63G-3-102(8))
- Emergency rule (120-Day Rule or EMR)
- means a type of rulemaking action that allows for a rule to become effective sooner than a proposed rule. Emergency rules can be made effective as soon as the rule is filed, or at a later date identified by the agency on the rule analysis form. Emergency rules are effective for a maximum of 120 days, after which they expire and are no longer enforceable. Emergency rules are only allowed to be filed if the regular rulemaking process would:
(a) cause imminent peril to 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 and Section R15-4-8)
- means the office's administrative rule filing and publication application that agencies use to file rules and notices. You can access this system by clicking here (Subsection R15-4-2(2)(f)).
- Expedited Rule (EXP)
- means a special type of rulemaking action that may only be taken by the School and Institutional Trust Lands Administration (SITLA) under the authority of Subsection 53C-1-201(3)(c). An expedited rule may go into effect immediately upon filing, or on a future designated date. (Subsection 53C-1-201(3)(c) and Rule R850-10)
- Expired Rule (EXD)
- means a type of rulemaking action taken by the office on a rule for which an agency has failed to file either a "Five-Year Notice of Review and Statement of Continuation" (5YR), or an Extension (EXT) on or before the date specified in a notice provided by the office. Upon expiration of the rule, the office is required to remove the rule from the Code. The agency may no longer enforce the rule, and it must follow regular rulemaking procedures to replace the rule if necessary. (Subsection 63G-3-305(8))
- See Five-Year Review Extension.
- means to submit a document to the office as prescribed by the office. (Subsection 63G-3-102(9)(a))
- Filing date
- means the day and time the document is recorded as received by the office. (Subsection 63G-3-102(9)(b))
- means a number assigned to each rule action filed with the office. The filing ID is assigned in sequence based on receipt date and time. Every filing receives a unique filing ID. Change in Proposed Rule filings are an exception, as they keep the same filing ID as the proposed rule upon which it is based. Filings with a filing ID greater than 50000 have been filed in the new rules management system, less than 50000 in the old rules management system.
- Five-Year Notice of Review and Statement of Continuation (Five-Year Review or 5YR)
- means a type of rulemaking action that documents a review of a rule conducted under the provisions of Section 63G-3-305. A five-year review must be filed by an agency for each of its rules at least once every five years. If an agency intends to retain a rule in the Administrative Code for more than five years, the agency must file a "Five-Year Notice of Review and Statement of Continuation," which includes a statement justifying the rule's continuation. (Section 63G-3-305)
Five-Year Review Extension (EXT)
- means a type of rulemaking action filed by an agency claiming a 120-day extension in which to comply with the five-year review procedures. An agency may only file one extension before each five-year review deadline. (Section 63G-3-305)
- means the Governor's Office of Management and Budget. Prior to 2013, known as the Governor's Office of Planning and Budget or GOPB.
Governor's Extension (GEX)
- means a type of rulemaking action that allows for a Declaration of the Governor to extend a rule after the Legislature has not reauthorized it. (Section 63G-3-502)
- mean indexing terms assigned to a rule by the agency. These terms are used to prepare a basic subject index which is published in the bulletin and in the Utah Administrative Rules Index of Changes.
- Legislative Nonreauthorization (LNR)
- means a rulemaking action taken by the Legislature to not reauthorize a rule or part of a rule. If this rule is not extended by the Governor (see Governor's Extension), the office removes the non-reauthorized portion from the Code, and that portion is no longer effective. (Section 63G-3-502)
- New rule (NEW)
- means a type of proposed rule the text of which does not already exist in the Utah Administrative Code. (Subsection 63G-3-301(4) and Section R15-4-9)
- Nonsubstantive Change (NSC)
- means a type of rulemaking action that makes changes to existing rule text that does not affect the application of the rule. Examples include corrections of obvious typos or rule numbering. A nonsubstantive change filed by an agency is not printed in the bulletin. (Subsections 63G-3-201(4)(d), 63G-3-303(2); and Section R15-4-6)
- means the Office of Administrative Rules. This was the original name of the agency from 1984 to 1987, and the current name of the agency since 2016.
- means an agency action that differs from a rule in that an order applies to one or more specific persons while a rule regulates an entire class of persons. (Subsection 63G-3-102(12))
- means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency. (Subsection 63G-3-102(13))
- means an interested person who submits a petition to an agency pursuant to Section 63G-3-601. (Subsection R15-2-2(2)(b))
- Proposed Rule
- means a type of rulemaking action by which an agency creates a new rule, amends an existing rule, repeals an existing rule, or repeals and reenacts an existing rule. Most of the rule filings submitted to the office are proposed rules. See Section 63G-3-301; also see "new rule", "amendment", "repeal", and "repeal and reenact".
- Publication or publish
- means making a rule available to the public by including the rule or a summary of the rule in the bulletin. (Subsection 63G-3-102(14))
- Publication date
- means the inscribed date of the bulletin. The bulletin is published on the 1st and 15th of each month. (Subsection 63G-3-102(15))
- means a complication put together by the office of all the rule actions that have been taken in a given year. (Subsection 63G-3-402(1)(a))
- Repeal (REP)
- means a type of proposed rule where the entire rule text is deleted from the code and the rule is no longer enforceable. (Subsection 63G-3-301(2) and Section R15-4-9)
- Repeal and Reenact (R&R)
- means a type of proposed rule where the entire rule text is deleted from the code and replaced with alternative text. (Subsection 63G-3-301(9) and Section R15-4-9)
- means an agency's written statement that:
(i) is explicitly or implicitly required by state or federal statute or other applicable law;
(ii) implements or interprets a state or federal legal mandate; and
(iii) applies to a class of persons or another agency.
"Rule" includes the amendment or repeal of an existing rule.
"Rule" does not mean:
(ii) an agency's written statement that applies only to internal management and that does
not restrict the legal rights of a public class of persons or another agency;
(iii) the governor's executive orders or proclamations;
(iv) opinions issued by the attorney general's office;
(v) declaratory rulings issued by the agency according to Section 63G-4-503 except as required by Section 63G-3-201;
(vi) rulings by an agency in adjudicative proceedings, except as required by Subsection 63G-3-201(6); or
(vii) an agency written statement that is in violation of any state or federal law. (Subsection 63G-3-102(17))
- Rule Action
- means the different types of rules and rule changes permitted by the Rulemaking Act. These include:
(a) Proposed Rule. This includes an amendment, new rule, repeal, and repeal and reenact.
(b) Change in Proposed Rule;
(c) Emergency (120) Day Rule;
(d) Nonsubstantive Change;
(e) Five-Year Notice of Review and Statement of Continuation;
(f) Five-Year Review Extension;
(g) Expired Rule;
(h) Expedited Rule;
(i) Legislative Nonreauthorization; and
(j) Governor's Extension.
- Rule Analysis
- means the questions that an agency is required to answer when filing a rule or rule change with the office. This analysis can be an any format the office determines (Subsection 63G-3-102(18)).
- Rule Change
(a) making a new rule;
(b) amending, repealing, or repealing and reenacting an existing rule;
(c) amending a proposed rule further by filing a change in proposed rule under the provisions of Section 63G-3-303;
(d) allowing a proposed (new, amended, repealed, or repealed and reenacted) rule or change in proposed rule to lapse; or
(e) any combination of the above. (Subsection R15-2-2(2)(a))
(a) an aggregated monetary amount that will no longer be incurred by persons as a class if a rule or change is made effective;
(b) an aggregated monetary amount that will be refunded or rebated if a rule or change is made effective;
(c) an aggregated monetary amount of anticipated revenues to be generated for state budgets, local governments, or both if a rule or change is made effective; or
(d) any combination of these aggregated monetary amounts. (Subsection R15-4-2(2)(g))
- Small Business
- means a business employing fewer than 50 persons. (Subsection 63G-3-102(19))
- Substantive change
- means a change in a rule that affects the application or results of agency actions.
- means the two to three digit number that the office assigns to every agency with rulemaking authority. This number is the first half of a full rule reference.
- means Utah Administrative Code. See Code.
- means Utah Administrative Code Annotated published by Lexis Nexis. See Code.
- means Utah Administrative Rulemaking Act, Title 63G, Chapter 3.
- means Utah Code Annotated. See Code.
- Unmarked Change
- means a change made to rule text that was not marked as required by Subsection 63G-3-301(4)(b). (Subsection R15-4-2(2)(h))
- Utah Administrative Code
- See Code.
- Utah Code
- means the statutory codification of legislative enactments; also known as the Utah Code Annotated, 1953. Frequently referred to as Utah Code Ann., or by the abbreviation UCA.
If you have a question about the rulemaking process or the information presented on this page, please contact the Office of Administrative Rules.