Government Operations - Administrative Rules (Office of) - Administrative Rule Hearings

Published: 2021-07-14

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R15. Government Operations, Administrative Rules (Office of).
R15-1. Administrative Rule Hearings.
R15-1-1. Authority.
(1) This rule establishes procedures and standards for administrative rule hearings as required by Subsection 63G-3-402(1)(a).
(2) The procedures of this rule constitute the minimum requirements for mandatory administrative rule hearings. Additional procedures may be required to comply with any other governing statute, federal law, or federal regulation.
R15-1-2. Definitions.
(1) Terms used in this rule are defined in Section 63G-3-102.
(2) In addition:
(a) "director" means the director of the Office of Administrative Rules;
(b) "hearing" means an administrative rule hearing; and
(c) "officer" means an administrative rule hearing officer.
R15-1-3. Purpose.
(1) The purpose of this rule is to provide:
(a) procedures for agency hearings on proposed administrative rules or rules changes, or on the need for a rule or change;
(b) opportunity for public comment on rules; and
(c) opportunity for agency response to public concerns about rules.
R15-1-4. When Agencies Hold Hearings.
(1) Agencies shall hold hearings as required by Subsection 63G-3-302(2).
(2) Agencies may hold hearings:
(a) during the public comment period on a proposed rule, after its publication in the bulletin and prior to its effective date;
(b) before initiating rulemaking procedures under Title 63G, Chapter 3, to promote public input prior to a rule's publication;
(c) during a regular or extraordinary meeting of a state board, council, or commission, in order to avoid separate and additional meetings; or
(d) to hear any public petition for a rule change as provided by Section 63G-3-601.
(3) Voluntary hearings, as described in this section, follow the procedures prescribed by this rule or any other procedures the agency may provide by rule.
(4) Mandatory hearings, as described in this section, follow the procedures prescribed by this rule and any additional requirements of state or federal law.
(5) If an agency holds a mandatory hearing under the procedures of this rule during the public comment period described in Subsection 63G-3-301(6), no second hearing is required for the purpose of comment on the same rule or change considered at the first hearing.
R15-1-5. Hearing Procedures.
(1) Notice.
(a) An agency shall provide notice of a hearing by:
(i) publishing the hearing date, time, place, and subject in the bulletin;
(ii) mailing copies of the notice directly to persons who have petitioned for a hearing or rule changes under Section 63G-3-302 or 63G-3-601, respectively; and
(iii) posting for at least 24 hours in a place in the agency's offices which is frequented by the public.
(b) If a hearing becomes mandatory after the agency has published the proposed rule in the bulletin, the agency shall notify in writing persons requesting the hearing of the time and place.
(c) An agency may provide additional notice of a hearing, and shall give further notice as may otherwise be required by law.
(2) Hearing Officer.
(a) The agency head shall appoint as hearing officer a person qualified to conduct fairly the hearing.
(b) No restrictions apply to this appointment except the officer shall know rulemaking procedure.
(c) If a state board, council, or commission is responsible for agency rulemaking, and holds a hearing, a member or the body's designee may be the hearing officer.
(3) Time. The officer shall open the hearing at the announced time and place and permit comment for a minimum of one hour. The hearing may be extended or continued to another day as necessary in the judgment of the officer.
(4) Comment.
(a) At the opening of the hearing, the officer shall explain the subject and purpose of the hearing and invite orderly, germane comment from all persons in attendance. The officer may set time limits for speakers and shall ensure equitable use of time.
(b) The agency shall have a representative at the hearing, other than the officer, who is familiar with the rule at issue and who can respond to requests for information by those in attendance.
(c) The officer shall invite written comment to be submitted at the hearing or after the hearing, within a reasonable time. Written comment shall be attached to the hearing minutes.
(d) The officer shall conduct the hearing as an open, informal, orderly, and informative meeting. Oaths, cross-examination, and rules of evidence are not required.
(5) The Hearing Record.
(a) The officer shall cause to be recorded the name, address, and relevant affiliation of all persons speaking at the hearing, and cause an electronic or mechanical verbatim recording of the hearing to be made, or make a brief summary, of their remarks.
(b) The hearing record consists of a copy of the proposed rule or rule change, submitted written comment, the hearing recording or summary, the list of persons speaking at the hearing, and other pertinent documents as determined by the agency.
(c) The hearing officer shall, as soon as practicable, assemble the hearing record and transmit it to the agency for consideration.
(d) The hearing record shall be kept with and as part of the rule's administrative record in a file available at the agency offices for public inspection.
R15-1-8. Decision on an Issue Regarding Rulemaking Procedure.
(1) When a hearing issue requires a decision regarding rulemaking procedure, the officer shall submit a written request for a decision to the director as soon as practicable after, or after recessing, the hearing, as provided in Section R15-5-6. The director shall reply to the agency head as provided in Subsection R15-5-6(2). The director's decision shall be included in the hearing record.
R15-1-9. Appeal and Judicial Review.
(1) Persons may appeal the decision of the agency head or the director by petitioning the district court for judicial review as provided by law.
KEY: administrative law, government hearings
Date of Enactment or Last Substantive Amendment: June 1, 1996
Notice of Continuation: June 1, 2020
Authorizing, and Implemented or Interpreted Law: 63G-3-402