§ 63G-3-403 — Repeal and reenactment of Utah Administrative Code.

Utah § 63G-3-403

• Jurisdiction: Utah
• Title 63G: General Government
• Ch. 63G-3: Utah Administrative Rulemaking Act
• Part 63G-3-4: Office of Administrative Rules

Text

(1) When the director determines that the Utah Administrative Code requires extensive revision and reorganization, the office may repeal the code and reenact a new code according to the requirements of this section.
(2) The office may:
(2)(a) reorganize, reformat, and renumber the code;
(2)(b) require each agency to review its rules and make any organizational or substantive changes according to the requirements of Section 63G-3-303; and
(2)(c) require each agency to prepare a brief summary of all substantive changes made by the agency.
(3) The office may make nonsubstantive changes in the code by:
(3)(a) adopting a uniform system of punctuation, capitalization, numbering, and wording;
(3)(b) eliminating duplication;
(3)(c) correcting defective or inconsistent section and paragraph structure in arrangement of the subject matter of rules;
(3)(d) eliminating all obsolete or redundant words;
(3)(e) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, and wording;
(3)(f) changing a catchline to more accurately reflect the substance of each section, part, rule, or title;
(3)(g) updating or correcting annotations associated with a section, part, rule, or title; and
(3)(h) merging or determining priority of any amendment, enactment, or repeal to the same rule or section made effective by an agency.
(4) (4)(a) To inform the public about the proposed code reenactment, the office shall publish in the bulletin:
(4)(a)(i) notice of the code reenactment;
(4)(a)(ii) the date, time, and place of a public hearing where members of the public may comment on the proposed reenactment of the code;
(4)(a)(iii) locations where the proposed reenactment of the code may be reviewed; and
(4)(a)(iv) agency summaries of substantive changes in the reenacted code.
(4)(b) To inform the public about substantive changes in agency rules contained in the proposed reenactment, each agency shall:
(4)(b)(i) make the text of their reenacted rules available:
(4)(b)(i)(A) for public review during regular business hours; and
(4)(b)(i)(B) in an electronic version; and
(4)(b)(ii) comply with the requirements of Subsection 63G-3-301(10).
(5) The office 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 (4)(a).
(6) The office shall distribute complete text of the proposed code reenactment without charge to:
(6)(a) state-designated repositories in Utah;
(6)(b) the Rules Review and General Oversight Committee; and
(6)(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 office 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 63G-3-305 for a review of all agency rules.

Legislative History

Amended by Chapter 178, 2024 General Session