Legislation Requiring Rulemaking

Mike Broschinsky Agency Deadlines, Rulemaking, Uncategorized

Earlier this summer, the Division of Administrative Rules reminded agencies that if the Legislature specifically required administrative rulemaking as part of one of the bills that passed during the General Session, the agency is required to initiate rulemaking (file the rule with the Division) within 180 days of the bills effective date.  For most bills, effective 05/08/2012, that deadline is 11/04/2012. Today, during the Legislature’s Administrative Rules Review Committee, legislative staff distributed a list entitled, “2012 General Session Legislation Requiring Rulemaking“.  This list identifies 64 bills (roughly 15% of those passed) as bills that specifically require rulemaking. If an agency finds that it will not make the statutory rule filing deadline, statute requires the agency to “appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay.” (Subsection 63G-3-301(13)(d))