Many of the bills passed during the 2014 General Session specifically require agencies to make rules. The Utah Administrative Rulemaking Act, at Subsection 63G-3-301(13), requires agencies to file administrative rules specifically required by legislation within 180 days of the bill’s effective date.
For bills that take effect on 05/13/2014 that specifically require administrative rulemaking, the agency responsible for the program must initiate rulemaking (file the rule with the Division) by 11/09/2014. Other bills take effect on 07/01/2014, for which required rules must be filed by 12/28/2014. Still other bills provided for an effective date other than 05/13/2014 or 07/01/2014. Rules required by these bills are due 180-days from the effective date of the respective bill.
Agency rulewriters should work with their department’s administrative rules coordinator to identify bills that require rulemaking. Executive Order EO/013/2011 requires each department’s administrative rules coordinator to “assess enacted legislation by June 1 of each year to ensure that new regulatory obligations are discovered and met in a timely manner by appropriate rulemaking action.” Statute provides that if an agency is unable to meet the 180-day deadline, the agency must appear before the Administrative Rules Review Committee to discuss the delay.