DAR File No. 28261

Administrative Services, Administrative Rules

R15-1

Administrative Rule Hearings

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28261
Filed: 09/29/2005, 05:17
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsections 63-46a-10(1)(a) and 63-46a-10(1)(m) require the Division to establish all hearing procedures necessary to make rules under the Utah Administrative Rulemaking Act, to administer the Act, and to require agency compliance with hearing procedures.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received since the rule was last reviewed.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Section 63-46a-5 establishes state policy governing rulemaking hearings. The provisions of Rule R15-1 are mandated by Subsections 63-46a-10(1)(a) and 63-46a-10(1)(m). Rule R15-1 provides procedures governing mandatory rulemaking hearings. Hearings are mandatory when a specific provision of law requires a hearing or when no fewer than ten persons or an organization with no fewer than 10 members requests that the agency to hold a hearing within 15 days of the rules publication. Rulemaking hearings can provide meaningful opportunities for citizens to learn about, become involved with, and influence administrative policy making. This is demonstrated to some extent by the fact that agencies file Changes in Proposed Rules on 8% of the Proposed Rules filed during fiscal year 2005. An agency usually files a Change in Proposed Rule in response to comments received from persons through hearings and other sources. Comments made by persons at rulemaking hearings become part of the administrative record in which an agency justifies its regulatory decisions. This rule is necessary and should be continued to provide consistent guidelines for mandatory rulemaking hearings.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Kenneth A. Hansen at the above address, by phone at 801-538-3777, by FAX at 801-538-1773, or by Internet E-mail at khansen@utah.gov

Authorized by:

Kenneth A. Hansen, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Kenneth A. Hansen at the above address, by phone at 801-538-3777, by FAX at 801-538-1773, or by Internet E-mail at khansen@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.