(a) The office interprets the criteria of Subsection 63G-3-304(1) to include under "welfare" any substantial material loss to the classes of persons or agencies the agency is mandated to regulate, serve, or protect.
(3) The agency shall use the same procedures for filing and publishing a temporary rule as for a permanent rule, except:
(a) the rule shall become effective and enforceable on the day and hour it is recorded by the office unless the agency designates a later effective date on the rule analysis;
(b) no comment period is necessary;
(c) no public hearing is necessary; and
(d) the rule shall expire 120 days after the rule's effective date unless the filing agency notifies the office, on the form or by memorandum, of an earlier expiration date.
(4) A temporary rule is separate and distinct from a rule filed under regular rulemaking procedures, though the language of the two rules may be identical. To make a temporary rule permanent, the agency shall propose a separate rule for regular rulemaking.
(5) When a temporary rule and a similar regular rule are in effect at the same time, any conflict between the provisions of the two are resolved in favor of the rule with the most recent effective date, unless the agency designates otherwise as part of the rule analysis.
(6) A temporary rule has the full force and effect of a permanent rule while in effect, but a temporary rule is not codified in the Utah Administrative Code.
R15-4-9. Underscoring and Striking Out.
(1) (a) Pursuant to Subsection 63G-3-301(4)(b), an agency shall underscore language to be added and strike out language to be deleted in proposed rules.
(b) Consistent with Subsection 63G-3-301(4)(b), an agency shall underscore language to be added and strike out language to be deleted in changes in proposed rules, 120-day rules, and nonsubstantive changes.
(c) The struck out language shall be surrounded by brackets.
(2) When an agency proposes to make a new rule or section, the entire proposed text shall be underscored.
(3)(a) When an agency proposes to repeal a complete rule it shall include as part of the information provided in the rule analysis a brief summary of the deleted language and a brief explanation of why the rule is being repealed.
(b) The agency shall include with the rule analysis a copy of the text to be deleted in one of the following formats:
(i) each page annotated "repealed in its entirety" or
(ii) the entire text struck out in its entirety and surrounded by one set of brackets.
(c) The office shall not publish repealed rules unless space is available within the page limits of the bulletin.
(4) When an agency fails to mark a change as described in this section, the director may refuse to codify the change. When determining whether or not to codify an unmarked change, the director shall consider:
(a) whether the unmarked change is substantive or nonsubstantive; and
(b) if the purpose of public notification has been adequately served.
(5) The director's refusal to codify an unmarked change means that the change is not operative for the purposes of Section 63G-3-701 and that the agency must comply with regular rulemaking procedures to make the change.
R15-4-10. Estimates of Anticipated Cost or Savings, and Compliance Cost.
(1) Pursuant to Subsections 63G-3-301(8)(d), 63G-3-303(1)(a), 63G-3-304(2), and 53C-1-201(3), when an agency files a proposed rule, change in proposed rule, 120-day (emergency) rule, or expedited rule and provides anticipated cost or savings, and compliance cost information in the rule analysis, the agency shall:
(a) estimate the incremental cost or savings and incremental compliance cost associated with the changes proposed by the rule or change;
(b) estimate the incremental cost or savings and incremental compliance cost in dollars, except as otherwise provided in Subsections R15-4-10(4) and (5);
(c) indicate that the amount is either a cost or a savings; and
(d) estimate the incremental cost or savings expected to accrue to "state budgets," "local governments," "small businesses," and "persons other than small businesses, businesses, or local governmental entities" as aggregated cost or savings;
(2) In addition, an agency may:
(a) provide a narrative description of anticipated cost or savings, and compliance cost;
(b) compare anticipated cost or savings, and compliance cost figures, for the rule or change to:
(i) current budgeted costs associated with the existing rule,
(ii) figures reported on a fiscal note attached to a related legislative bill, or
(iii) both (i) and (ii).
(3) If an agency chooses to provide comparison figures, it shall clearly distinguish comparison figures from the anticipated cost or savings, and compliance cost figures.
(4) If dollar estimates are unknown or not available, or the obtaining thereof would impose a substantial unbudgeted hardship on the agency, the agency may substitute a reasoned narrative description of cost-related actions required by the rule or change, and explain the reason or reasons for the substitution.
(5) If no cost, savings, or compliance cost is associated with the rule or change, an agency may enter "none," "no impact," or similar words in the rule analysis followed by a written explanation of how the agency estimated that there would be no impact, or how the proposed rule, or changes made to an existing rule does not apply to "state budgets," "local government," "small businesses," "persons other than small businesses, businesses, or local governmental entities," or any combination of these.