Rulemaking Frequently Asked Questions
- Question 1. I have a problem with the requirements of a rule. With whom do I speak to resolve my problem?
- Question 2. I don't like an administrative rule. Is there a way I can ask the agency to change it?
- Question 3. How do I find out about a rule that might affect me?
- Question 4. Does my employer need to provide breaks or lunch periods?
- Question 5. Does my employer need to give us Pioneer Day as a holiday?
- Question 6. Which agency handles building code issues?
- Question 7. The rule I'm interested in "Incorporates by Reference" the CFR? What is the CFR and where can I find it?
Question 1. I have a problem with the requirements of a rule. With whom do I speak to resolve my problem?
Answer 1. For the most prompt response and timely resolution, you should first contact the agency that issued the rule. The name of the agency is listed near the top or the bottom of each rule. A list of agency web sites and general phone numbers is available online.
If you are unable to find the appropriate agency, please contact the Division of Administrative Rules. If you provide the rule citation, we can give you the name of someone who can assist you.
If you are not satisfied with the response you receive from the agency, you may contact Mr. Hunter Finch in the Governor's Office of Planning and Budget. His phone number is 801-538-1553. More information about Mr. Finch's role in the process is available at http://www.governor.utah.gov/gopb/adminrules.html .
Answer 2. Yes. The Utah Administrative Rulemaking Act provides that an "interested person may petition an agency to request the making, amendment, or repeal of a rule." Rule R15-2 provides instructions for submitting a rulemaking petition to an agency. The agency has 60 days (or 80 days if the issuing agency is a board) to respond by "either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings." For more information, see Section 63G-3-601, and Rule R15-2.
Answer 3. State regulatory information is available in a variety of ways. The Division of Administrative Rules published all proposed rules and all effective rules on its web site. This site is searchable using a Google Custom Search. If there is a specific agency that writes rules in which you are interested, you may contact that agency and ask to be placed on a mailing list for advanced notice of rulemaking. If you are part of an industry or profession that is regulated by the state, chances are good that your professional organization is already watching the rulemaking process.
Answer 4. The Labor Commission addresses these types of questions. The Labor Commission has created a Frequently Asked Questions page of its own that might address your question. Visit http://laborcommission.utah.gov/FAQ/index.html. You may also contact the Labor Commission at 801-530-6915.
Answer 5. Again, the Labor Commission addresses these types of questions. Visit the Labor Commission's Frequently Asked Questions page at http://laborcommission.utah.gov/FAQ/index.html. You may also contact the Labor Commission at 801-530-6915.
Answer 6. The Division of Occupational and Professional Licensing handles building code issues. Rule R156-56 is the Utah Uniform Building Standard Act Rule. You may contact Occupational and Professional Licensing at 801-530-6628.
Question 7. The rule I'm interested in "Incorporates by Reference" the CFR? What is the CFR and where can I find it?
Answer 7. The law governing administrative rules encourages agencies to "incorporate by reference" requirements that are found elsewhere, instead of repeating the text of that other requirement in the text of the rule. Incorporation by reference is a legal tool used to make part or all of one document part of another.
The CFR, or Code of Federal Regulations, is the official compilation of federal regulations. It is produced by the Office of the Federal Register and available online through the Government Printing Office at http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
Some other items that might also be referenced in rules can also be found online. The Division has compiled a list of links to these documents.
If you have a question about the rulemaking process or the information presented on this page, please contact the Division of Administrative Rules.