Current through Bulletin No. 2024-21, November 1, 2024
Section R15-4-7 - Substantive Changes in Proposed Rules(1) Pursuant to Section 63G-3-303, agencies shall comply with the procedures of this section when making a substantive change in a proposed rule. (a) The procedures of this section apply if:(i) the agency determines a change in the rule is necessary;(ii) the change is substantive under the criteria of Subsection 63G-3-102(19);(iii) the rule was published as a proposal in the bulletin and digest; and(iv) the rule has not been made effective under the procedures of Subsection 63G-3-303(1)(d) and Section R15-4-5.(b) If the rule is already effective, the agency shall comply with regular rulemaking procedures.(2) To make a substantive change in a proposed rule, the agency shall file with the division: (a) a rule analysis, marked to indicate the agency intends to change a rule already published, and describing the change and reasons for it; and(b) a copy of the proposed rule previously published in the bulletin marked to show only those changes made since the proposed rule was previously published as described in Section R15-4-9.(3) The division shall publish the rule analysis in the next issue of the bulletin, subject to the publication deadlines of Section R15-4-3. The division may also publish the changed text of the rule.(4) The agency may make a change in proposed rule effective by following the requirements of Section R15-4-5, or may further amend the rule by following the procedures of Sections R15-4-6 or R15-4-7.