Title 63G, General Government

63G-2-701. Political subdivisions may adopt ordinances in compliance with chapter -- Appeal process. (1) As used in this section: (a) "Access denial" means the same as that term is defined in Section 63G-2-400.5. (b) "Interested party" means the same as that term is defined in Se…

63G-2-702. Applicability to the judiciary. (1) The judiciary is subject to the provisions of this chapter except as provided in this section. (2)(a) The judiciary is not subject to: (i) Section 63G-2-209; or (ii) Part 4, Appeals, except as provided in Subsection (6). (b) The judi…

63G-2-703. Applicability to the Legislature. (1) The Legislature and its staff offices shall designate and classify records in accordance with Sections 63G-2-301 through 63G-2-305 as public, private, controlled, or protected. (2)(a) The Legislature and its staff offices are not s…

63G-2-704. Applicability to the governor and lieutenant governor. (1) The governor, the office of the governor, the lieutenant governor, and the office of the lieutenant governor shall designate and classify records in accordance with Sections 63G-2-301 through 63G-2-305 as publi…

63G-2-801. Criminal penalties. (1)(a) A public employee or other person who has lawful access to any private, controlled, or protected record under this chapter, and who intentionally discloses, provides a copy of, or improperly uses a private, controlled, or protected record kno…

63G-2-802. Injunction -- Attorney fees and costs. (1) As used in this section, "defending party" means: (a) a governmental entity or political subdivision: (i) whose access denial is the subject of a petition for judicial review under Section 63G-2-404; and (ii) that defends the …

63G-2-803. No individual liability for certain decisions of a governmental entity. (1) Neither the governmental entity, nor any officer or employee of the governmental entity, is liable for damages resulting from the release of a record where the person or government requesting t…

63G-2-804. Violation of provision of chapter -- Penalties for intentional mutilation or destruction -- Disciplinary action. A governmental entity may take disciplinary action which may include suspension or discharge against any employee of the governmental entity who intentional…

63G-2-901. Definitions -- Public associations subject to act. (1) As used in this section: (a) "Public association" means any association, organization, or society whose members include elected or appointed public officials and for which public funds are used or paid to the publi…

63G-3-102. Definitions. As used in this chapter: (1) "Administrative record" means information an agency relies upon when making a rule under this chapter including: (a) the proposed rule, change in the proposed rule, and the rule analysis form; (b) the public comment received an…

63G-3-201. When rulemaking is required. (1) Each agency shall: (a) maintain a current version of the agency's rules; and (b) make the rules available to the public for inspection during the agency's regular business hours. (2)(a) An agency may take action if authorized implicitly…

63G-3-202. Rules having the effect of law. A rule made in accordance with this chapter has the effect of law.

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 t…

63G-3-302. Public hearings. (1) Subject to Subsection (2), an agency may hold a public hearing on a proposed rule during the public comment period. (2) Except as provided in Subsection (4), an agency shall hold a public hearing on a proposed rule if: (a) a public hearing is requi…

63G-3-303. Changes in rules. (1)(a) To change a proposed rule already published in the bulletin, an agency shall file with the office: (i) the text of the changed proposed rule; and (ii) a rule analysis containing a description of the change and the information required by Sectio…

63G-3-304. Emergency rulemaking procedure. (1) All agencies shall comply with the rulemaking procedures of Section 63G-3-301 unless an agency finds that these procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget redu…

63G-3-304.1. Delaying the effective date of a proposed rule. (1) Upon a majority vote of the members of the committee, the Rules Review and General Oversight Committee may delay the effective date of a proposed rule promulgated by the State Board of Education to a date determined…

63G-3-305. Agency review of rules -- Schedule of filings -- Limited exemption for certain rules. (1) Each agency shall review each of the agency's rules within five years after the rule's original effective date or within five years after the filing of the last five-year review, …

63G-3-306. Sound science requirement. (1) For a rule involving environmental health and waste management: (a) an agency may not initiate rulemaking proceedings to establish new or change existing numeric criteria or numeric limitations applicable to a regulated material if the ne…

63G-3-401. Office of Administrative Rules created -- Director. (1) There is created within the department 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 superv…

63G-3-402. Office of Administrative Rules -- Duties generally. (1) The office shall: (a) record in an electronic 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 docu…

63G-3-403. Repeal and reenactment of Utah Administrative Code. (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. (…

63G-3-502. Legislative reauthorization of agency rules -- Extension of rules by governor. (1) All grants of rulemaking power from the Legislature to an agency in any statute are made subject to the provisions of this section. (2)(a) Except as provided in Subsection (2)(b), every …

63G-3-503. Agency rules oversight. Oversight of the rulemaking process is conducted by the General Oversight Committee created in Section 36-35-102.

63G-3-601. Interested parties -- Petition for agency action. (1) An interested person may petition an agency to request the making, amendment, or repeal of a rule. (2) The office shall prescribe by rule the form for petitions and the procedure for their submission, consideration,…

63G-3-602. Judicial challenge to administrative rules. (1)(a) Any person aggrieved by a rule may obtain judicial review of the rule by filing a complaint with the county clerk in the district court where the person resides or in the district court in Salt Lake County. (b) Any per…

63G-3-603. Time for contesting a rule -- Statute of limitations. (1) A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this chapter shall commence within two years of the effective date of the rule. (2) A proceeding to contest any…

63G-3-701. Utah Administrative Code as official compilation of rules -- Judicial notice. The code shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the administrative law of the state of Utah and as an author…

63G-3-702. Utah Administrative Code -- Organization -- Official compilation. (1) The Utah Administrative Code shall be divided into three parts: (a) titles, whose number shall begin with "R"; (b) rules; and (c) sections. (2) All sections contained in the code are referenced by a …

63G-4-101. Title. This chapter is known as the "Administrative Procedures Act."

63G-4-102. Scope and applicability of chapter. (1) Except as set forth in Subsection (2), and except as otherwise provided by a statute superseding provisions of this chapter by explicit reference to this chapter, the provisions of this chapter apply to every agency of the state …

63G-4-103. Definitions. (1) As used in this chapter: (a) "Adjudicative proceeding" means an agency action or proceeding described in Section 63G-4-102. (b) "Agency" means a board, commission, department, division, officer, council, office, committee, bureau, or other administrati…

63G-4-104. Bases for certain recommendations and decisions limited. (1) Except as provided in Subsection (2), no agency may recommend or rule on the custody, placement, including foster placement, or other disposition alternative for a minor, or the termination of parental rights…

63G-4-105. Transition procedures. (1) The procedures for agency action, agency review, and judicial review contained in this chapter are applicable to all agency adjudicative proceedings commenced by or before an agency on or after January 1, 1988. (2) Statutes and rules governin…

63G-4-106. Access to information on state-controlled websites. (1) As used in this section and Sections 63G-4-107 and 63G-4-108: (a) "Administrative disciplinary action" means, subject to the limitations described in Section 63G-4-102, state agency action against the interest of …

63G-4-107. Petition to remove agency action from public access. (1) An individual may petition the agency that maintains, on a state-controlled website available to the public, a record of administrative disciplinary action, to remove the record of administrative disciplinary act…

63G-4-108. Impact on duty to disclose an administrative action. The removal of a record of an administrative disciplinary action from a state-controlled website in accordance with Section 63G-4-106 or 63G-4-107 does not affect any separate legal duty or requirement that the subje…

63G-4-201. Commencement of adjudicative proceedings. (1) Except as otherwise permitted by Section 63G-4-502, all adjudicative proceedings shall be commenced by either: (a) a notice of agency action, if proceedings are commenced by the agency; or (b) a request for agency action, i…

63G-4-202. Designation of adjudicative proceedings as informal -- Standards -- Undesignated proceedings formal. (1) The agency may, by rule, designate categories of adjudicative proceedings to be conducted informally according to the procedures set forth in rules enacted under th…

63G-4-203. Procedures for informal adjudicative proceedings. (1) If an agency enacts rules designating one or more categories of adjudicative proceedings as informal adjudicative proceedings, the agency shall, by rule, prescribe procedures for informal adjudicative proceedings th…

63G-4-204. Procedures for formal adjudicative proceedings -- Responsive pleadings. (1) In all formal adjudicative proceedings, unless modified by rule according to Subsection 63G-4-201(5), the respondent, if any, shall file and serve a written response signed by the respondent or…

63G-4-205. Procedures for formal adjudicative proceedings -- Discovery and subpoenas. (1) In formal adjudicative proceedings, the agency may, by rule, prescribe means of discovery adequate to permit the parties to obtain all relevant information necessary to support their claims …

63G-4-206. Procedures for formal adjudicative proceedings -- Hearing procedure. (1) Except as provided in Subsections 63G-4-201(3)(d)(i) and (ii), in all formal adjudicative proceedings, a hearing shall be conducted as follows: (a) The presiding officer shall regulate the course …

63G-4-207. Procedures for formal adjudicative proceedings -- Intervention. (1) Any person not a party may file a signed, written petition to intervene in a formal adjudicative proceeding with the agency. The person who wishes to intervene shall mail a copy of the petition to each…

63G-4-208. Procedures for formal adjudicative proceedings -- Orders. In formal adjudicative proceedings: (1) Within a reasonable time after the hearing, or after the filing of any posthearing documents permitted by the presiding officer, or within the time required by any applica…

63G-4-209. Default. (1) The presiding officer may enter an order of default against a party if: (a) a party in an informal adjudicative proceeding fails to participate in the adjudicative proceeding; (b) a party to a formal adjudicative proceeding fails to attend or participate i…