63G-3-305 - Agency review of rules -- Schedule of filings -- Limited exemption for certain rules.

63G-3-305. Agency review of rules -- Schedule of filings -- Limited exemption forcertain rules.
(1) Each agency shall review each of its rules within five years of the rule's originaleffective date or within five years of the filing of the last five-year review, whichever is later. Rules effective prior to 1992 need not be reviewed until 1997.
(2) An agency may consider any substantial review of a rule to be a five-year review. Ifthe agency chooses to consider a review a five-year review, it shall follow the proceduresoutlined in Subsection (3).
(3) At the conclusion of its review, the agency shall file a notice of review on or beforethe anniversary date indicating its intent to continue, amend, or repeal the rule.
(a) If the agency continues the rule, it shall file a statement which includes:
(i) a concise explanation of the particular statutory provisions under which the rule isenacted and how these provisions authorize or require the rule;
(ii) a summary of written comments received during and since the last five-year reviewof the rule from interested persons supporting or opposing the rule; and
(iii) a reasoned justification for continuation of the rule, including reasons why theagency disagrees with comments in opposition to the rule, if any.
(b) If the agency repeals the rule, it shall comply with Section 63G-3-301.
(c) If the agency amends and continues the rule, it shall comply with the requirements ofSection 63G-3-301 and file the statement required in Subsection (3)(a).
(4) (a) The division shall publish the notice and statement in the bulletin.
(b) The division may schedule the publication of agency notices and statements, providedthat no notice and statement shall be published more than one year after the review deadlineestablished under Subsection (1).
(5) The division shall notify an agency of rules due for review at least 180 days prior tothe anniversary date.
(6) If an agency finds that it will not meet the deadline established in Subsection (1):
(a) the agency may file an extension prior to the anniversary date with the divisionindicating the reason for the extension; and
(b) the division shall publish notice of the extension in the next issue of the bulletin.
(7) An extension permits the agency to file a notice no more than 120 days after theanniversary date.
(8) If an agency fails to file a notice of review or extension on or before the datespecified in the notice mandated in Subsection (5), the division shall:
(a) publish a notice in the next issue of the bulletin that the rule has expired and is nolonger enforceable;
(b) remove the rule from the code; and
(c) notify the agency that the rule has expired.
(9) After a rule expires, an agency must comply with the requirements of Section63G-3-301 to reenact the rule.
(10) (a) Rules issued under the following provisions related to the Department ofWorkforce Services or Labor Commission that are in effect on July 1, 1997, are not subject to therequirements of this section until July 1, 1998:
(i) Title 34, Labor in General;
(ii) Title 34A, Utah Labor Code;


(iii) Title 35A, Utah Workforce Services Code;
(iv) Title 40, Chapter 2, Coal Mines; and
(v) Title 57, Chapter 21, Utah Fair Housing Act.
(b) Any rule described in Subsection (10)(a) that would have expired on or after July 1,1997 but before July 1, 1998, expires July 1, 1998, unless for that rule the Department ofWorkforce Services or Labor Commission files:
(i) the notice of review, described in Subsection (3); or
(ii) an extension described in Subsection (6).

Renumbered and Amended by Chapter 382, 2008 General Session