At its November 24, 2009, meeting, the Administrative Rules Review Committee (ARRC) began looking at the phrase “liberally construed” as it is used in statute and rule. Rep. Becky Lockhart raised this issue because she had noticed the phrase in a Parks and Recreation rule (Section R651-700-3) and wanted to know what it meant. Legislative staff reported that the phrase appears 30 times in statute (excluding its use in interstate compacts), and 25 times in administrative rule.
Legislative staff told the committee that the Utah courts prefer to adhere to the plain language of a statute or rule, whether or not the Legislature or agency has directed that it be liberally construed.
The committee noticed that the phrase appeared in connection with two broad categories — enforcement and adjudication. After much discussion, the committee seemed more comfortable with its use associated with adjudication because in those cases it was used to direct the agency to protect the public’s interest (ensure just, speedy, economic results/determination).
This issue was discussed again at the December 21, 2009, and the January 11, 2010, meetings. At the January 11, 2010, meeting, the committee expressed renewed concern about those statutes that use the phrase in connection with enforcement. A motion was made to refer these statutes to the appropriate interim committee for review. The motion also included a request that the interim committees respond by the November interim. Finally, the motion also provided that a letter will be sent to legislative management to inform them of the committee’s concern.