NOTICES OF PROPOSED RULES

A state agency may file a Proposed Rule when it determines the need for a new rule, a substantive change to an existing rule, or a repeal of an existing rule. Filings received between May 17, 2005, 12:00 a.m., and June 1, 2005, 11:59 p.m., are included in this, the June 15, 2005, issue of the Utah State Bulletin.

In this publication, each Proposed Rule is preceded by a Rule Analysis.  The analysis provides summary information about the Proposed Rule including the name of a contact person, anticipated cost impact of the rule, and legal cross-references.

Following the Rule Analysis, the text of the Proposed Rule is printed.  In this on-line edition, new rules or additions made to existing rules are underlined and italicized (e.g., example).  Deletions made to existing rules are struck out with brackets surrounding them (e.g., [example]).  Rules being repealed are completely struck out.  A row of asterisks in the text (* * * * * *) indicates that unaffected text was removed to conserve space.  Occasionally, a Proposed Rule may be too long to print in the paper edition.  However, affected text will always appear in this online edition.

The law requires that an agency accept public comment on Proposed Rules published in this issue of the Utah State Bulletin until at least July 15, 2005. The agency may accept comment beyond this date and will list the last day the agency will accept comment in the Rule Analysis.  The agency may also hold public hearings.  Additionally, an interested person, an interested association, or another state agency may request the agency to hold a hearing on a specific Proposed Rule.  Section 63-46a-5 (1987) requires that a hearing request be received "in writing not more than 15 days after the publication date of the Proposed Rule."

From the end of the public comment period through October 13, 2005, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective.  The agency sets the effective date.  The date may be no fewer than 31 days nor more than 120 days after the publication date of this issue of the Utah State Bulletin.  Alternatively, the agency may file a Change in Proposed Rule in response to comments received.  If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule filing lapses and the agency must start the process over.

The public, interest groups, and governmental agencies are invited to review and comment on Proposed Rules.  Comment may be directed to the contact person identified on the Rule Analysis for each rule.

Proposed Rules are governed by Utah Code Section 63-46a-4 (2001); and Utah Administrative Code Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10.