A rule-filing agency is responsible for its rules. None of the critical steps in the rulemaking process are automatic including designating the effective date of a rule.
After the end of the public comment period that the agency designated on the rule analysis, the agency must notify the Division of Administrative Rules of the rule’s effective date. The effective date designated must be after the seven-day consideration period required by Subsection 63-46a-4(10). The agency provides this notice of effective date by using eRules.
If the agency does not notify the Division of an effective date, the rule will lapse 120 days after its publication in the Bulletin. The agency then must start the rulemaking process all over.
The Division recommends that after filing a rule, the filer mark his or her calendar on the intended effective date as a reminder to go back out into eRules and file the notice of effective date. Of course, the agency files the notice of effective date only after the agency has reviewed and evaluated all public comments submitted in writing during the comment period, or presented at public hearings conducted by the agency. (See Subsection 63-46a-4(9).)
Questions about the rulemaking process may be directed to the Division by calling Nancy Lancaster (801-538-3218).