What is the scope of the Division of Administrative Rules’ review of rule filings? The Utah Administrative Rulemaking Act (UARA) confers a number of responsibilities on the Division. However, a substantive legal review of rules is not one of them. The Division is required to “provide agencies assistance in rulemaking” and “administer [the UARA] and require state agencies to comply with filing, publication, and hearing procedures.” (UT Code Subsections 63-46a-10(1)(l) and (m), emphasis added)
The Division reviews rules for procedural compliance with the provisions of the UARA. That means that when a rule is filed, the Division verifies that information required by the statute and the Division’s rules has been provided (e.g., boxes on the form are not left blank, answers provided are not incomplete or unrelated to the question). The Division also verifies that basic rules of English grammar have been followed. The Division does not approve the substance of responses, or perform a legal evaluation of rules.
Section 63-46a-4 outlines the responsibility of an agency when it files a proposed rule. The UARA explicitly provides that “[a]n agency may obtain assistance from the attorney general to insure that its rules meet legal and constitutional requirements.” (UT Code Subsection 63-46a-3(9))
The Division is happy to assist an agency in any way it can. However, the Division does not employ counsel, or provide legal advice. If you have a question about the authority of your agency to file a particular rule, whether a rule meets the criteria for filing an emergency rule, or the substance of a rule, contact your representative in the Attorney General’s Office (801-538-9600).