Utah State Legislature

            (1) Each agency shall review each of its rules within five years of the rule's original effective 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. If the agency chooses to consider a review a five-year review, it shall follow the procedures outlined in Subsection (3).

            (3) At the conclusion of 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.

            (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 is enacted and how these provisions authorize or require the rule;

            (ii) a summary of written comments received during and since the last five-year review 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 63G-3-301.

            (c) If the agency amends and continues the rule, it shall comply with the requirements of Section 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, provided that no notice and statement shall be published more than one year after the review deadline established under Subsection (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 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 the anniversary date.

            (8) If an agency fails to file a notice of review or extension on or before the date specified 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 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 63G-3-301 to reenact the rule.

Amended by Chapter 384, 2012 General Session