Reminder: Rules Required by Legislation are Due 180-Days from Effective Date of Bill

Mike Broschinsky Agency Deadlines, Uncategorized

The Rulemaking Act, at Subsection 63G-3-301(13), requires agencies to file rules with the Division of Administrative Rules (initiate rulemaking) within 180 days of a bill’s effective date if the bill “specifically requires” rulemaking (e.g., “… shall make rules…”). Since most bills go into effect on May 12, 2015, rulemaking required by those bills must be filed by November 8, 2015. Rules required by bills that go into effect on July 1, 2015, must be filed by December 28, 2015. On July 1, 2015, the chairs of the Legislature’s Administrative Rules Review Committee (ARRC), Sen. Howard Stephenson and Rep. Curtis Oda, sent an e-mail through Mr. Art Hunsaker, policy analyst with the Office of Legislative Research and General Counsel, to rulewriting agencies.  In addition to reminding agencies of the deadline for rulemaking, the e-mail provides two lists of bills compiled by legislative staff that identify provisions of bills that require rulemaking — one of bills that appear to require new administrative rules or change or repeal portions of existing rules; and one of bills that may require some redrafting of state agency administrative rules, but due solely to rulemaking grant repeals; in all, 66 bills. Furthermore, the chairs asked agencies to contact Mr. Hunsaker prior to the applicable statutory deadline regarding compliance, delayed compliance, exemption from compliance, nonapplicability, or noncompliance with this rulemaking deadline as it relates to bills on the lists or other bills. If you have questions about the rulemaking process or the statutory deadline found at Subsection 63G-3-301(13), please contact the division at 801-538-3764.