The Rulemaking Act, at Utah Code Subsection 63G-3-301(13), requires agencies to file rules with the Division of Administrative Rules (initiate rulemaking) within 180-days of a bill’s effective date if the bill “specifically requires” rulemaking. Since most bills went into effect on May 13, 2014, rules required by those bills are due November 9, 2014.
On September 26, 2014, the chairs of the Legislature’s Administrative Rules Review Committee (ARRC), Sen. Howard Stephenson and Rep. Curtis Oda, distributed a letter to rulewriting agencies. In addition to reminding agencies of the requirement, the letter provides two lists of bills compiled by legislative staff that identify provisions of bills that appear to require rulemaking — one for a bill from the 2013 General Session, and one for bills from the 2014 General Session; in all, 63 bills.
Furthermore, the chairs asked agencies to contact Mr. Art Hunsaker, policy analyst with the Office of Legislative Research and General Counsel, regarding compliance, delayed compliance, exemption from compliance, nonapplicability, or noncompliance with this rulemaking deadline as it relates to bills on the lists or other bills.
If you have questions about the rulemaking process or the statutory deadline found at Utah Code Subsection 63G-3-301(13), please contact the Division of Administrative Rules at 801-538-3764. If you have questions about the committee’s process or would like to obtain a copy of the letter, please contact Mr. Hunsaker at 801-538-1032.