FAQ: Deciding Which Form to Use
Updated for eRules v. 2
Rule Analyses and Other Rulemaking Forms
Description of Rulemaking Actions
The Utah Administrative Rulemaking Act provides for nine different types of rulemaking actions:
- Proposed Rules (including new rules, amendments, repeals, and repeal and reenactments);
- Changes in Proposed Rules;
- 120-Day (Emergency) Rules;
- Nonsubstantive Changes;
- Five-Year Notices of Review and Statements of Continuation;
- Five-Year Review Extensions;
- Five-Year Review Expirations,
- Legislative Expirations; and
- Governor's Extensions.
Each type of rulemaking action fills a specific purpose. The table below gives a quick summary of the type of action appropriate for specific circumstances.
| IF YOU NEED TO . . . | THEN, FILE A . . . | BY USING THE eRules FORM LINK CALLED . . . |
|---|---|---|
| promulgate a new rule | Proposed Rule (New Rule) | "Proposed Rule Types", then in box 3 on the form, select "New Rule" |
| amend an existing rule making changes that affect the application or results of agency action (substantive) | Proposed Rule (Amendment) | "Proposed Rule Types", then in box 3 on the form, select "Amendment" |
| add a new section to a rule that already exists (Remember: Sections begin with numbers that look like Rxxx-xx-xxx) | Proposed Rule (Amendment) | "Proposed Rule Types", then in box 3 on the form, select "Amendment" |
| remove an obsolete or otherwise unnecessary rule from the Utah Administrative Code | Proposed Rule (Repeal) | "Proposed Rule Types", then in box 3 on the form, select "Repeal" |
| remove a section of a rule that already exists | Proposed Rule (Amendment) | "Proposed Rule Types", then in box 3 on the form, select "Amendment" |
| completely rewrite an existing rule | Proposed Rule (Repeal and Reenact) | "Proposed Rule Types", then in box 3 on the form, select "Repeal and Reenact" |
| make changes to a proposed rule (already published in the Bulletin but not yet effective) in response to public comment or new information | Change in Proposed Rule | "Change in Proposed Rule (CPR)" |
| make a Proposed Rule or a Change in Proposed Rule effective | Notice of Effective Date | On the "Rule Filing List" (the first screen once you get in eRules), in the right-hand column, click the "Eff. Date" link associated with the rule you want to make effective |
| promulgate a rule in response to an emergency where procedures required for regular rulemaking would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law | 120-Day (Emergency) Rule | "Emergency" |
| correct typographical or grammatical errors in a proposed or existing rule; or make minor wording changes that do not affect the substance of the rule | Nonsubstantive Change | "Nonsubstantive Change" |
| continue a rule following review (statute requires agencies to review rules every five years) | Five-Year Notice of Review and Statement of Continuation | "Five-Year Review" |
| have more time (up to 120 days) to comply with the five-year review requirements | Five-Year Review Extension | "Five-Year Review Extension" |
The other rulemaking actions are prepared by the Division to document action (or inaction) by agencies, the Legislature, or the Governor.
| WHEN . . . | THEN, THE DIVISION RECORDS A . . . |
|---|---|
| an agency fails to file a Five-Year Notice of Review and Statement of Continuation by a rule's anniversary date or by the end of the extension | Five-Year Review Expiration |
| the legislature does not reauthorize a rule, and the governor does not extend it | Legislative Nonreauthorization |
| the governor issues a declaration extending a rule that the legislature had not reauthorized | Governor's Extension |
To make a proposed rule or a change in proposed rule effective, the Act requires an agency to notify the Division of Administrative Rules in the form required by the Division. The agency may make a rule effective "on any date specified by the agency that is no fewer than seven calendar days after the close of the public comment period [indicated on the rule analysis], nor more than 120 days after the publication date". The statute does not permit rules to be made effective retroactively.
To facilitate the filing and processing of these different rulemaking actions, the Division of Administrative Rules has developed the eRules application which agencies must use to file rules.
If you have questions about the types of filings, contact the Division at 801-538-3764.
Download a Working Version of the Rulemaking Forms
The Division has created a version of the rulemaking forms in Word 2000 and Word 2007 formats that correlate with the eRules v. 2 forms. These forms are provided as a convenience to help agencies gather the information required to file a rule. Use the right mouse button to save a file to your computer.
- Notice of Proposed Rule (used to file a new rule, amendment, repeal, or repeal and reenact) -- doc or docx formats;
- Notice of Change in Proposed Rule -- doc or docx formats;
- Notice of 120-Day (Emergency) Rule -- doc or docx formats;
- Five-Year Notice of Review and Statement of Continuation -- doc or docx formats;
- Five-Year Review Extension -- doc or docx formats;
- Notice of Nonsubstantive Change -- doc or docx formats;
- Notice of Effective Date -- doc or docx formats; and
- Public Notice -- doc or docx formats.
Remember: to actually file a rule with the Division, you must use the Division's eRules application.