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 under this chapter 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 each state board, authority, commission, institution, department, division, officer, or other state government entity other than the Legislature, its committees, the political subdivisions of the state, or the courts, which is authorized or required by law to make rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or perform other similar actions or duties delegated by law. (Subsection 63G-3-102(2))
- Amendment (AMD)
- means a type of proposed rule the text of which proposes substantive changes to text that already exists in the Utah Administrative Code. See Subsection 63G-3-301(3) and Section R15-4-9.
- Anniversary Date
- means the date that is five years from the original effective date of the rule, or the date that is five years from the date the agency filed with the division the most recent five-year review required under Subsection 63G-3-305(3), whichever is sooner. (Subsection R15-4-2(2)(a))
- means the Utah State Bulletin. (Subsection 63G-3-102(3))
- means a short summary of each section, part, rule, or title of the code that follows the section, part, rule, or title reference placed before the text of the rule and serves the same function as boldface in legislation as described in Section 68-3-13. (Subsection 63G-3-102(4))
The catchline is not enforceable text.
- 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. See Section 63G-3-303 and Section R15-4-7.
- means the body of all effective rules as compiled and organized by the division and entitled "Utah Administrative Code." (Subsection 63G-3-102(5))
- means the process of collecting and arranging administrative rules systematically in the Utah Administrative Code, and includes the process of verifying that each amendment was marked as required under Subsection 63G-3-301(2)(b). (Subsection R15-4-2(2)(c))
- Compliance cost
- means expenditures a regulated person will incur if a rule or change is made effective. (Section R15-4-2(2)(d))
- means the aggregated expenses persons as a class 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 reference is used on the rule analysis forms and other forms because of space constraints.
- DAR File No. (File number)
- means a number assigned to each rule action filed with the division. The DAR File No. is assigned in sequence based on receipt date and time, except that a Change in Proposed Rule is assigned the same number as the proposed rule upon which it is based.
- means the Utah State Digest that summarizes the content of the bulletin as required by Subsection 63G-3-402(1)(f) (Subsection R15-4-2(2)(b) and R15-5-3(2))
- means the director of the Division of Administrative Rules. (Subsection 63G-3-102(6))
- means the Division of Administrative Rules. (Subsection 63G-3-102(7))
- means operative and enforceable. (Subsection 63G-3-102(8))
- Emergency rule (120-Day Rule or EMR)
- means a type of rulemaking action that creates a temporary rule, effective for a maximum of 120 days, which becomes effective when filed with the division or on a later date designated by the agency. This procedure may only be used by the agency when regular rulemaking procedures would "cause imminent peril to public health, safety, or welfare; cause an imminent budget reduction because of budget restraints or federal requirements; or place the agency in violation of federal or state law." See Subsection 63G-3-304(1) and Section R15-4-8.
- means the division's administrative rule filing and publication application that agencies use to file rules and notices (Subsection R15-4-2(2)(f)) and the division uses to prepare rule publications.
- 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. See Subsection 53C-1-201(3)(c) and Rule R850-10.
- Expired Rule (EXD)
- means a type of rulemaking action filed by the division 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 division. Upon expiration of the rule, the division 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. The expiration of an administrative rule for failure to comply with the five-year review is a penalty for noncompliance with the statute. See Subsection 63G-3-305(8).
- see Five-Year Review Extension.
- means to submit a document to the division as prescribed by the division. (Subsection 63G-3-102(9)(a))
- Filing date
- means the day and time the document is recorded as received by the division. (Subsection 63G-3-102(9)(b))
- 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 on the books 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. A Five-Year Review may be submitted more frequently at the option of the agency. See 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. See 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 documents a Declaration of the Governor extending a rule, based on procedures specified in statute, after the Legislature has taken action not to reauthorize it. See Section 63G-3-502.
- Initiate rulemaking proceedings
- means the filing, for the purposes of publication in accordance with Subsection [63G-3-301](4), of an agency's proposed rule that is required by state statute. (Subsection 63G-3-301(13))
- Interested person
- means any person affected by or interested in a proposed rule, amendment to an existing rule, or a nonsubstantive change made under Section 63G-3-402. (Subsection 63G-3-102(10))
- mean indexing terms assigned to a rule by the promulgating 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 that documents the action of the Legislature (a bill) not to reauthorize a rule or a part of a rule (down to the complete paragraph level). If a rule that is not reauthorized by the Legislature is not extended by the Governor (see Governor's Extension), the division removes that portion not reauthorized from the Code. See 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. See Subsection 63G-3-301(3) and Section R15-4-9.
- Nonsubstantive Change (NSC)
- means a type of rulemaking action that makes changes to existing rule text that does not substantively affect the application or results of agency actions under that rule. Examples include corrections of spelling, grammar, or rule numbering. A nonsubstantive change filed by an agency is not printed in the bulletin. See Subsections 63G-3-201(4)(d), and 63G-3-303(2); and Section R15-4-6.
- means an agency action that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. (Subsection 63G-3-102(11))
- means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency. (Subsection 63G-3-102(12))
- means an interested person who submits a petition to an agency pursuant to Section 63G-3-601 and this rule. (Subsection R15-2-2(2)(b))
- Proposed Rule
- means a type of rulemaking action by which an agency promulgates a new rule, amends an existing rule, repeals an existing rule, or repeals and reenacts an existing rule. 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(13))
- Publication date
- means the inscribed date of the bulletin. (Subsection 63G-3-102(14))
- may include an electronic database. (Subsection 63G-3-102(15))
- Repeal (REP)
- means a type of proposed rule where the entire rule text is deleted from the code. See Subsection 63G-3-301(3) 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. See Subsection 63G-3-301(9)(a) 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(16))
As used in the Act, "Rule" does not include legislative rules adopted by the Legislature or judicial rules adopted by the Judicial Council.
- Rule Action
- means the different types of rulemaking actions permitted by the Rulemaking Act including: (1) Proposed Rule, including an amendment, new rule, repeal, and repeal and reenact; (2) Change in Proposed Rule; (3) 120-Day (Emergency) Rule; (4) Nonsubstantive Change; (5) Five-Year Notice of Review and Statement of Continuation; (6) Five-Year Review Extension; (7) Expired Rule; (8) Expedited Rule; (9) Legislative Nonreauthorization; and (10) Governor's Extension.
- Rule Analysis
- means the format prescribed by the division to summarize and analyze rules. (Subsection 63G-3-102(17)).
- Rule Change
(i) making a new rule;
(ii) amending, repealing, or repealing and reenacting an existing rule;
(iii) amending a proposed rule further by filing a change in proposed rule under the provisions of Section 63G-3-303;
(iv) allowing a proposed (new, amended, repealed, or repealed and reenacted) rule or change in proposed rule to lapse; or
(v) any combination of the above. (Subsection R15-2-2(2)(a))
(i) an aggregated monetary amount that will no longer be incurred by persons as a class if a rule or change is made effective;
(ii) an aggregated monetary amount that will be refunded or rebated if a rule or change is made effective;
(iii) 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
(iv) 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(18))
- Substantive change
- means a change in a rule that affects the application or results of agency actions. (Subsection 63G-3-102(19))
- 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 Utah Code.
- Unmarked Change
- means a change made to rule text that was not marked as required by Subsection 63G-3-301(2)(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.