Section 305 – Agency review of rules — Schedule of filings — Limited exemption for certain rules.
Effective 5/10/2016 63G-3-305. Agency review of rules — Schedule of filings — Limited exemption for certain rules. (1) Each agency shall review each of its rules within five years after the rule’s original effective date or within five years after the filing of the last five-year review, whichever is later. (2) An agency may consider […]
Section 401 – Office of Administrative Rules created — Director.
Effective 7/1/2021 63G-3-401. Office of Administrative Rules created — Director. (1) There is created within the Department of Government Operations the Office of Administrative Rules, to be administered by a director. (2) (a) The executive director shall appoint the director. (b) The director shall hire, train, and supervise staff necessary for the office to carry […]
Section 402 – Office of Administrative Rules — Duties generally.
Effective 5/4/2022 63G-3-402. Office of Administrative Rules — Duties generally. (1) The office shall: (a) record in a register the receipt of all agency rules, rule analysis forms, and notices of effective dates; (b) make the register, copies of all proposed rules, and rulemaking documents available for public inspection; (c) publish all proposed rules, rule […]
Section 201 – When rulemaking is required.
Effective 5/12/2020 63G-3-201. When rulemaking is required. (1) Each agency shall: (a) maintain a current version of its 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 […]
Section 202 – Rules having the effect of law.
63G-3-202. Rules having the effect of law. (1) An agency’s written statement is a rule if it conforms to the definition of a rule under Section 63G-3-102, but the written statement is not enforceable unless it is made as a rule in accordance with the requirements of this chapter. (2) An agency’s written statement that […]
Section 301 – Rulemaking procedure.
Effective 5/4/2022 63G-3-301. Rulemaking procedure. (1) An agency authorized to make rules is also authorized to amend or repeal those rules. (2) Except as provided in Sections 63G-3-303 and 63G-3-304, 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) […]
Section 302 – Public hearings.
63G-3-302. Public hearings. (1) Each agency may hold a public hearing on a proposed rule, amendment to a rule, or repeal of a rule during the public comment period. (2) Each agency shall hold a public hearing on a proposed rule, amendment to a rule, or repeal of a rule if: (a) a public hearing […]