H.B. 32 Passed; Amends Subsection 63G-3-201(5)

Mike Broschinsky Administrative Law, Legislation, Uncategorized

H.B. 32 — amending provisions of statute in the Commerce, Health, Insurance, and Natural Resources titles of the code that provided a criminal penalty for violating rules — has passed.  Prior to passage, H.B. 32 was amended to include changes to Subsection 63G-3-201(5) of the Rulemaking Act. Subsection (5) formerly required that, “[a] rule shall enumerate any penalty authorized by statute that may result from its violation.”  Now, Subsection (5) provides:
(5) (a) A rule shall enumerate any penalty authorized by statute that may result from its violation , subject to Subsections (5)(b) and (c). (b) A violation of a rule may not be subject to the criminal penalty of a class C misdemeanor or greater offense, except as provided under Subsection (5)(c). (c) A violation of a rule may be subject to a class C or greater criminal penalty under Subsection (5)(a) when: (i) authorized by a specific state statute; (ii) a state law and programs under that law are established in order for the state to obtain or maintain primacy over a federal program; or (iii) state civil or criminal penalties established by state statute regarding the program are equivalent to or less than corresponding federal civil or criminal penalties.
In short, each agency is still required “to enumerate any penalty authorized by statute that may result from its violation”.  These penalties may be criminal or civil. More information about H.B. 32 is available on the Legislature’s web site at http://le.utah.gov/~2009/htmdoc/hbillhtm/hb0032.htm.