Statute Change Your Agency’s Name?

November 17, 2005
/

A change to a statute doesn’t automatically result in a change to an administrative rule. Each agency is responsible for its own rules. If the Legislature passes a bill that renumbers sections of the Utah Code authorizing an agency’s rules, the agency must correct those citations in the rules. Likewise, if the Legislature passes a bill changing the name of an agency, the agency needs to make its rules consistent with the statute.

A rule change to update a statutory reference or to change the name of an agency is considered nonsubstantive. Therefore, the agency files a nonsubstantive change on each rule affected by the legislative change. If an agency has multiple rules affected by a name change, the nonsubstantive change for each rule need to be filed at the same time so that all rules stay together in the organization of the administrative code.

If a bill makes other changes, beyond renumbering or name changes, that affect the substance of the statute, then the agency will likely need to also make substantive changes to the rule. That requires the agency to file a Notice of Proposed Rule.

The bottom line: each agency is responsible for its rules. That includes keeping statutory references and agency names consistent with the Utah Code.