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SB 25
AMENDMENTS TO ADMINISTRATIVE RULEMAKING
1996 GENERAL SESSION
STATE OF UTAH
Sponsor: LeRay McAllister
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; MAKING CHANGES TO THE
ADMINISTRATIVE RULEMAKING ACT; ADDING A DEFINITION; CLARIFYING
INCORPORATION BY REFERENCE PROVISIONS; PROVIDING SPECIFICS TO THE
FIVE-YEAR REVIEW PROVISIONS; ALLOWING FOR THE LAPSE OF RULES NOT
REVIEWED BY AGENCIES; ALLOWING THE DIVISION OF ADMINISTRATIVE RULES
TO MAKE NONSUBSTANTIVE CHANGES TO THE ADMINISTRATIVE CODE;
DECLARING THE DIVISION OF ADMINISTRATIVE RULES THE OFFICIAL STATE
REPOSITORY FOR RULES; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53C-1-201 , as last amended by Chapter 299, Laws of Utah 1995
63-46a-2 , as last amended by Chapter 224, Laws of Utah 1990
63-46a-3 , as last amended by Chapter 72, Laws of Utah 1988
63-46a-4 , as last amended by Chapter 146, Laws of Utah 1992
63-46a-6 , as last amended by Chapter 177, Laws of Utah 1991
63-46a-7 , as last amended by Chapter 241, Laws of Utah 1987
63-46a-9 , as last amended by Chapter 12, Laws of Utah 1994
63-46a-10 , as last amended by Chapter 24, Laws of Utah 1994
63-46a-10.5 , as enacted by Chapter 241, Laws of Utah 1987
63-46a-14 , as enacted by Chapter 158, Laws of Utah 1985
ENACTS:
63-46a-9.6 , Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section
53C-1-201
is amended to read:
53C-1-201. Creation of administration -- Purpose -- Director.
(1) (a) There is established within state government the School and Institutional Trust Lands
Administration.
(b) The administration shall manage all school and institutional trust lands and assets within
the state except as otherwise provided in Chapter 3 and Section 51-7-12
.
(2) The administration is an independent state agency and not a division of any other
department.
(3) (a) It is subject to the usual legislative and executive department controls except as
follows:
(i) (A) the director may make rules as approved by the board that allow the administration
to classify a business proposal submitted to the administration as protected under Section 63-2-304
,
for as long as is necessary to evaluate the proposals;
(B) the administration shall return the proposal to the party who submitted the proposal, and
incur no further duties under Title 63, Chapter 2, Government Records Access and Management Act,
if the administration determines not to proceed with the proposal;
(C) the administration shall classify the proposal pursuant to law if it decides to proceed with
the proposal; and
(D) Section 63-2-403
does not apply during the review period;
(ii) the director shall make rules in compliance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, except that the director, with the board's approval, may establish
a procedure for the expedited approval of rules, based on written findings by the director showing:
(A) the changes in business opportunities affecting the assets of the trust;
(B) the specific business opportunity arising out of those changes which may be lost without
the rule or changes to the rule;
(C) the reasons the normal procedures under Section 63a-46a-4
cannot be met without
causing the loss of the specific opportunity;
(D) approval by at least five board members; and
(E) that the director has filed a copy of the rule and a rule analysis [form], stating the specific
reasons and justifications for its findings, with the Division of Administrative Rules and notified
- 2 -
interested parties as provided in Subsection
63-46a-4
(4); and
(iii) the administration shall comply with Title 67, Chapter 19, Utah State Personnel
Management Act, except where the board approves, upon recommendation of the director, that
exemption for specific positions under Subsections
67-19-12
(2) and
67-19-15
(1) is required in order
to enable the administration to efficiently fulfill its responsibilities under the law. The director shall
consult with the director of the Department of Human Resource Management prior to making such
a recommendation. The positions of director, deputy director, administrative assistant, and public
affairs officer are exempt under Subsections
67-19-12
(2) and
67-19-15
(1). Salary for exempted
positions, except for the director, shall be set by the director, after consultation with the director of
the Department of Human Resource Management, within ranges approved by the board. The board
and director shall consider salaries for similar positions in private enterprise and other public
employment when setting salary ranges;
(iv) the administration shall comply with Title 63, Chapter 56, Utah Procurement Code,
except where the board approves, upon recommendation of the director, exemption under Section
63-56-3
and simultaneous adoption of policies for procurement, which enable the administration to
efficiently fulfill its responsibilities under the law.
(b) (i) The board and director shall review the exceptions under Subsection (3)(a) and make
recommendations for any modification, if required, which the Legislature would be asked to consider
during its annual General Session.
(ii) The board and director may include in their recommendations any other proposed
exceptions from the usual executive and legislative controls the board and director consider
necessary to accomplish the purpose of this title.
(4) The administration is managed by a director of school and institutional trust lands
appointed by a majority vote of the board of trustees with the consent of the governor.
(5) (a) The board of trustees shall provide policies for the management of the administration
and for the management of trust lands and assets.
(b) The board shall provide policies for the ownership and control of Native American
remains that are discovered or excavated on school and institutional trust lands in consultation with
- 3 -
the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4, Native
American Graves Protection and Repatriation Act.
Section 2.
Section
63-46a-2
is amended to read:
63-46a-2. Definitions.
As used in this chapter:
(1) "Administrative record" means information an agency relies upon when making a rule
under this chapter including copies of:
(a) the proposed rule, change in the proposed rule, and the rule analysis form;
(b) the public comment received and recorded by the agency during the public comment
period;
(c) the agency's response to the public comment;
(d) the agency's analysis of the public comment; and
(e) the agency's report of its decision-making process.
(2) "Agency" means each state board, authority, commission, institution, department,
division, officer, or other state government entity other than the Legislature, its committees, the
political subdivisions of the state, or the courts, which is authorized or required by law to make rules,
adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or perform
other similar actions or duties delegated by law.
(3) "Bulletin" means the Utah State Bulletin.
(4) "Catchline" means a short summary of each section, part, rule, or title of the code that
follows the section, part, rule, or title reference placed before the text of the rule and serves the same
function as boldface in legislation as described in Section 68-3-13
.
[(4)] (5) "Code" means the body of all effective rules as compiled and organized by the
division and entitled "Utah Administrative Code."
[(5)] (6) "Director" means the director of the Division of Administrative Rules.
[(6)] (7) "Division" means the Division of Administrative Rules.
[(7)] (8) "Effective" means operative and enforceable.
[(8)] (9) (a) "File" means to submit a document to the division as prescribed by this chapter.
- 4 -
(b) "Filing date" means the day and time the document is recorded as received by the
division.
(10) "Interested person" means any person affected by or interested in a proposed rule,
amendment to an existing rule, or a nonsubstantive change made under Section 63-46a-10
.
[(9)] (11) "Order" means an agency action that determines the legal rights, duties, privileges,
immunities, or other interests of one or more specific persons, but not a class of persons.
[(10)] (12) "Person" means any individual, partnership, corporation, association,
governmental entity, or public or private organization of any character other than an agency.
[(11)] (13) (a) "Policy" means a statement applying to persons or agencies that:
(i) broadly prescribes a future course of action, guidelines, principles, or procedures; or
(ii) prescribes the internal management of an agency.
(b) A policy is a rule if it conforms to the definition of a rule.
[(12)] (14) "Publication" means making a rule available to the public by printing the rule or
a summary of the rule in the bulletin.
[(13)] (15) "Publication date" means the inscribed date of the bulletin.
[(14)] (16) (a) "Rule" means an agency's written statement that:
(i) is explicitly or implicitly required by state or federal statute or other applicable law;
(ii) has the effect of law;
(iii) implements or interprets a state or federal legal mandate; and
(iv) applies to a class of persons or another agency.
(b) "Rule" includes the amendment or repeal of an existing rule.
(c) "Rule" does not mean:
(i) orders;
(ii) unenforceable policies;
(iii) internal management policies of the agency that do not restrict the legal rights of a class
of persons or another agency;
(iv) the governor's executive orders or proclamations;
(v) opinions issued by the attorney general's office;
- 5 -
(vi) declaratory rulings issued by the agency according to the provisions of Section
63-46b-21
except as required by Section 63-46a-3
; or
(vii) rulings by an agency in adjudicative proceedings, except as required by Subsection
63-46a-3
(6).
[(15)] (17) "Rule analysis [form]" means the [form created] format prescribed by the division
to summarize and analyze rules.
[(16)] (18) "Substantive change" means a change in a rule that affects the application or
results of agency actions.
Section 3.
Section
63-46a-3
is amended to read:
63-46a-3. When rulemaking is required.
(1) Each agency shall:
(a) maintain a complete copy of its current rules; and
(b) make it available to the public for inspection during its regular business hours.
(2) In addition to other rulemaking required by law, each agency shall make rules when
agency action:
(a) authorizes, requires, or prohibits an action;
(b) provides or prohibits a material benefit;
(c) applies to a class of persons or another agency; and
(d) is explicitly or implicitly authorized by statute.
(3) Rulemaking is also required when an agency issues a written interpretation of a state or
federal legal mandate.
(4) Rulemaking is not required when:
(a) agency action applies only to internal agency management, inmates or residents of a state
correctional, diagnostic, or detention facility, persons under state legal custody, patients admitted
to a state hospital, members of the state retirement system, or students enrolled in a state education
institution;
(b) a standardized agency manual applies only to internal fiscal or administrative details of
governmental entities supervised under statute;
- 6 -
(c) an agency issues policy or other statements that are advisory, informative, or descriptive,
and do not conform to the requirements of Subsections (2) and (3); or
(d) an agency makes nonsubstantive changes in a rule, except that the agency shall file all
nonsubstantive changes in a rule with the division.
(5) A rule shall enumerate any penalty authorized by statute that may result from its
violation.
(6) Each agency shall enact rules incorporating the principles of law not already in its rules
that are established by final adjudicative decisions within 120 days after the decision is announced
in its cases.
(7) (a) Each agency may enact a rule that incorporates by reference:
(i) all or any part of another code, rule, or regulation that has been adopted by a federal
agency, an agency or political subdivision of this state, an agency of another state, or by a
nationally-recognized organization or association;
(ii) lists, tables, illustrations, or similar materials that are subject to frequent change, fully
described in the rule, and are available for public inspection; or
(iii) lists, tables, illustrations, or similar materials that the director determines are too
expensive to reproduce in the administrative code.
(b) Rules incorporating materials by reference shall:
(i) be enacted according to the procedures outlined in this chapter;
(ii) state that the referenced material is incorporated by reference; [and]
(iii) state the date, issue, or version of the material being incorporated; and
[(iii)] (iv) define specifically what material is incorporated by reference and identify any
agency deviations from it.
(c) The agency shall identify any substantive changes in the material incorporated by
reference by following the rulemaking procedures of this chapter.
(d) The agency shall maintain a complete and current copy of the referenced material
available for public inspection at the agency and at the division.
(8) (a) This chapter is not intended to inhibit the exercise of agency discretion within the
- 7 -
limits prescribed by statute or agency rule.
(b) An agency may enact a rule creating a justified exception to a rule.
(9) An agency may obtain assistance from the attorney general to ensure that its rules meet
legal and constitutional requirements.
Section 4.
Section
63-46a-4
is amended to read:
63-46a-4. Rulemaking procedure.
(1) Except as provided in Sections
63-46a-6
and
63-46a-7
, when making, amending, or
repealing a rule agencies shall comply with:
(a) the requirements of this section;
(b) consistent procedures required by other statutes;
(c) applicable federal mandates; and
(d) rules made by the division to implement this chapter.
(2) (a) Each agency shall file its proposed rule and rule analysis [form] with the division.
(b) (i) Rule amendments shall be marked with new language underlined and deleted
language [interlined] struck out.
(ii) Alternatively, the repeal of an entire rule may be indicated by annotating the rule
"repealed in its entirety" prominently on every page.
(c) (i) The division shall publish the information required under Subsection (3) on the rule
analysis [form] and the text of the proposed rule in the next issue of the bulletin.
(ii) For rule amendments, only the section or subsection of the rule being amended [shall]
need be printed.
[(ii)] (iii) If the director determines that the rule is too long to publish, the director shall
publish the rule analysis [form] and shall publish the rule by reference to a copy on file with the
division.
(3) The rule analysis [form] shall contain:
(a) a summary of the rule or change;
(b) the purpose of the rule or reason for the change;
(c) the statutory authority or federal requirement for the rule;
- 8 -
(d) the anticipated cost or savings to:
(i) the state budget;
(ii) local governments; and
(iii) [individuals] other persons;
(e) the compliance cost for affected persons;
(f) how interested persons may inspect the full text of the rule;
(g) how interested persons may present their views on the rule;
(h) the time and place of any scheduled public hearing;
(i) the name and telephone number of an agency employee who may be contacted about the
rule;
(j) the name of the agency head or designee who authorized the rule; and
(k) the date on which the rule may become effective following the public comment period.
(4) (a) For a rule being repealed and reenacted, the rule analysis shall contain a summary that
generally includes the following:
(i) a summary of substantive provisions in the repealed rule which are eliminated from the
enacted rule; and
(ii) a summary of new substantive provisions appearing only in the enacted rule.
(b) The summary required under this subsection is to aid in review and may not be used to
contest any rule on the ground of noncompliance with the procedural requirements of this chapter.
[(4)] (5) A copy of the rule analysis [form] shall be mailed to all persons who have made
timely request of the agency for advance notice of its rulemaking proceedings and to any other
person who, by statutory or federal mandate or in the judgment of the agency, should also receive
notice.
[(5)] (6) Following the publication date, the agency shall allow at least 30 days for public
comment on the rule.
[(6)] (7) (a) Except as provided in Sections
63-46a-6
and
63-46a-7
, a proposed rule becomes
effective on any date specified by the agency that is no fewer than 30 nor more than [90] 120 days
after the publication date.
- 9 -
(b) The agency shall provide [written] notice of the rule's effective date to the division in the
form required by the division.
(c) The notice of effective date may not provide for an effective date prior to the date it is
received by the division.
[(c)] (d) The division shall publish notice of the effective date of the rule in the next issue
of the bulletin.
(e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is not
filed with the division within 120 days of publication.
Section 5.
Section
63-46a-6
is amended to read:
63-46a-6. Changes in rules.
(1) (a) To change a proposed rule already published in the bulletin, an agency shall file with
the division:
(i) a copy of the changed rule; and
(ii) a rule analysis [form] containing a description of the change and the information required
by Section 63-46a-4
.
(b) A change to a proposed rule may not be filed more than 120 days after publication of the
rule being changed.
[(b)] (c) The division shall publish the rule analysis [form] for the changed rule in the
bulletin.
[(c)] (d) The changed proposed rule and its associated proposed rule will become effective
on a date specified by the agency, not less than 30 days or more than [90] 120 days after [its]
publication of the last change in proposed rule.
(e) A changed proposed rule and its associated proposed rule lapse if a notice of effective
date or another change to a proposed rule is not filed with the division within 120 days of publication
of the last change in proposed rule.
(2) If the rule change is nonsubstantive:
(a) the agency need not comply with the requirements of Subsection (1); and
(b) the agency shall notify the division of the change in writing.
- 10 -
(3) If the rule is effective, the agency shall amend the rule according to the procedures
specified in Section 63-46a-4
.
Section 6.
Section
63-46a-7
is amended to read:
63-46a-7. Exceptions to rulemaking procedure.
(1) All agencies shall comply with the rulemaking procedures of Section 63-46a-4
unless
an agency finds that these procedures would:
(a) cause an imminent peril to the public health, safety, or welfare;
(b) cause an imminent budget reduction because of budget restraints or federal requirements;
or
(c) place the agency in violation of federal or state law.
(2) (a) When finding that its rule is excepted from regular rulemaking procedures by this
section, the agency shall file with the division:
(i) a copy of the rule; and
(ii) a rule analysis [form] that includes the specific reasons and justifications for its findings.
(b) The division shall publish the rule in the bulletin as provided in Subsection
63-46a-4
(2).
(c) The agency shall notify interested [parties] persons as provided in Subsection
63-46a-4
(4).
(d) The rule becomes effective for a period not exceeding 120 days on the date of filing or
any later date designated in the rule.
(3) If the agency intends the rule to be effective beyond 120 days, the agency shall also
comply with the procedures of Section 63-46a-4
.
Section 7.
Section
63-46a-9
is amended to read:
63-46a-9. Agency review of rules -- Schedule of filings.
(1) [(a)] Each agency shall review [every rule] each of its rules within five years of the rule's
original effective date [and then at] or within five years of the filing of the last five-year [intervals,
except that rules] review, whichever is later. Rules effective prior to [1988] 1992 need not be
reviewed until [1993] 1997.
(2) An agency may consider any substantial review of a rule to be a five-year review. If the
- 11 -
agency chooses to consider a review a five-year review, it shall follow the procedures outlined in
Subsection (3).
[(b)] (3) At the conclusion of [the] its review, the agency shall file a notice of review on or
before the anniversary date indicating its intent to continue, amend, or repeal the rule.
[(2) If the agency amends or repeals the rule, it shall comply with the rulemaking procedures
of this chapter.]
[(3)] (a) If the agency continues the rule, it shall file a [notice of continuation and a]
statement [citing a supporting reason for continuation.] which includes:
[(b) The statement shall include:]
(i) a concise explanation of the particular statutory provisions under which the rule is enacted
and how these provisions authorize or require the rule;
(ii) a summary of written comments received after enactment of the rule from interested
persons supporting or opposing the rule; and
(iii) a reasoned justification for continuation of the rule, including reasons why the agency
disagrees with comments in opposition to the rule, if any.
(b) If the agency repeals the rule, it shall comply with Section 63-46a-4
.
(c) If the agency amends and continues the rule, it shall comply with the requirements of
Section 63-46a-4
and file the statement required in Subsection (a).
(4) (a) The division shall publish the notice and statement in the bulletin.
(b) The division may schedule the [submission and] publication of agency notices and
statements, provided that no notice and statement shall be published more than one year after the
review deadline established under Subsection [
63-46a-9
](1).
(5) The division shall notify an agency of rules due for review at least 180 days prior to the
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 division indicating
the reason for the extension; and
(b) the division shall publish the extension in the next issue of the bulletin.
- 12 -
(7) An extension permits the agency to file a notice no more than 120 days after the
anniversary date.
(8) If an agency fails to file a notice of review or extension before the date specified in the
notice mandated in Subsection (4), the division shall:
(a) publish a notice in the next issue of the bulletin that the rule has expired and is no longer
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 Section 63-46a-4
to reenact the rule.
Section 8.
Section
63-46a-9.6
is enacted to read:
63-46a-9.6. Utah Administrative Code -- Organization -- Official compilation.
(1) The Utah Administrative Code shall be divided into three parts:
(a) titles, whose number shall begin with "R";
(b) rules; and
(c) sections.
(2) All sections contained in the code are referenced by a three-part number indicating its
location in the code.
(3) The division shall maintain the official compilation of the code and is the
state-designated repository for administrative rules. If a dispute arises in which there is more than
one version of a rule, the latest effective version on file with the division is considered the correct,
current version.
Section 9.
Section
63-46a-10
is amended to read:
63-46a-10. Division of Administrative Rules -- Duties generally.
(1) The Division of Administrative Rules shall:
(a) establish all filing, publication, and hearing procedures necessary to make rules under
this chapter;
(b) record in a register the receipt of all agency rules, rule analysis forms, and notices of
- 13 -
effective dates;
(c) make the register, copies of all proposed rules, and rulemaking documents available for
public inspection;
(d) publish all proposed rules, rule [analysis forms] analyses, notices of effective dates, and
[continuation] review notices in the bulletin at least monthly, except that the division may publish
the complete text of any proposed rule that the director determines is too long to print or too
expensive to publish by reference to a copy on file;
(e) compile, format, number, and index all effective rules in an administrative code, and
periodically publish that code and supplements or revisions to it;
(f) publish a digest, at least monthly, summarizing all rules and notices printed in the most
recent bulletin;
(g) publish at least annually an index of all changes to the administrative code and the
effective date of each change;
(h) print, or contract to print, all rulemaking publications the division determines necessary
to implement this chapter;
(i) distribute without charge copies of the bulletin and administrative code to
state-designated repositories, the Administrative Rules Review Committee, the Office of Legislative
Research and General Counsel, and the two houses of the Legislature;
(j) distribute without charge copies of the digest and index to state legislators, agencies,
political subdivisions on request, and the Office of Legislative Research and General Counsel;
(k) distribute, at prices covering all costs, all rulemaking publications to all other requesting
persons and agencies;
(l) provide agencies assistance in rulemaking; and
(m) administer this chapter and require state agencies to comply with filing, publication, and
hearing procedures.
(2) The division may after notifying the agency make nonsubstantive changes to rules filed
with the division or published in the bulletin or code by:
(a) implementing a uniform system of formatting, punctuation, capitalization, organization,
- 14 -
numbering, and wording;
(b) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering,
referencing, and wording;
(c) changing a catchline to more accurately reflect the substance of each section, part, rule,
or title;
(d) updating or correcting annotations associated with a section, part, rule, or title; and
(e) merging or determining priority of any amendment, enactment, or repeal to the same rule
or section made effective by an agency.
(3) In addition, the division may make the following nonsubstantive changes with the
concurrence of the agency:
(a) eliminate duplication within rules;
(b) eliminate obsolete and redundant words; and
(c) correcting defective or inconsistent section and paragraph structure in arrangement of the
subject matter of rules.
(4) For nonsubstantive changes made in accordance with Subsection (2) or (3) after
publication of the rule in the bulletin, the division shall publish a list of nonsubstantive changes in
the bulletin. For each nonsubstantive change, the list shall include:
(a) the affected code citation;
(b) a brief description of the change; and
(c) the date the change was made.
[(2)] (5) All funds appropriated or collected for publishing the division's publications shall
be nonlapsing.
Section 10.
Section
63-46a-10.5
is amended to read:
63-46a-10.5. Repeal and reenactment of Utah Administrative Code.
(1) When the director determines that the Utah Administrative Code requires extensive
revision and reorganization, the division may repeal the code and reenact a new code according to
the requirements of this section.
(2) The division may:
- 15 -
(a) reorganize, reformat, and renumber the code;
(b) require each agency to review its rules and make any organizational or substantive
changes according to the requirements of Section 63-46a-6
; and
(c) require each agency to prepare a brief summary of all substantive changes made by the
agency.
(3) The division may make nonsubstantive changes in the code by:
(a) adopting a uniform system of punctuation, capitalization, numbering, and wording;
(b) eliminating duplication;
(c) correcting defective or inconsistent section and paragraph structure in arrangement of the
subject matter of rules;
(d) eliminating all obsolete or redundant words; [and]
(e) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering,
referencing, and wording[.];
(f) changing a catchline to more accurately reflect the substance of each section, part, rule,
or title;
(g) updating or correcting annotations associated with a section, part, rule, or title; and
(h) merging or determining priority of any amendment, enactment, or repeal to the same rule
or section made effective by an agency.
(4) (a) To inform the public about the proposed code reenactment, the division shall publish
in the bulletin:
(i) notice of the code reenactment;
(ii) the date, time, and place of a public hearing where members of the public may comment
on the proposed reenactment of the code;
(iii) locations where the proposed reenactment of the code may be inspected; and
(iv) agency summaries of substantive changes in the reenacted code.
(b) To inform the public about substantive changes in agency rules contained in the proposed
reenactment, each agency shall:
(i) make copies of their reenacted rules available for public inspection during regular
- 16 -
business hours; and
(ii) comply with the requirements of Subsection
63-46a-4
(4).
(5) The division shall hold a public hearing on the proposed code reenactment no fewer than
30 days nor more than 45 days after the publication required by Subsection (3)(a).
(6) The division shall distribute complete copies of the proposed code reenactment without
charge to:
(a) state-designated repositories in Utah;
(b) the Administrative Rules Review Committee; and
(c) the Office of Legislative Research and General Counsel.
(7) The former code is repealed and the reenacted code is effective at noon on a date
designated by the division that is not fewer than 45 days nor more than 90 days after the publication
date required by this section.
(8) Repeal and reenactment of the code meets the requirements of Section 63-46a-9
for a
review of all agency rules.
Section 11.
Section
63-46a-14
is amended to read:
63-46a-14. Time for contesting a rule -- Statute of limitations.
(1) A proceeding to contest any rule on the ground of noncompliance with the procedural
requirements of this chapter shall commence within two years of the effective date of the rule.
(2) A proceeding to contest any rule on the ground of not being supported by substantial
evidence when viewed in light of the whole administrative record shall commence within four years
of the effective date of the challenged action.
(3) A proceeding to contest any rule on the basis that a change to the rule made under
Subsection
63-46a-10
(2) substantively changed the rule shall be commenced within four years of
the date the change was made.
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