Rules and Proclamations

Prior to 1985, proclamations were created by the Board of Big Game Control and the Wildlife Board. Proclamations dealt with specific regulations such as season dates and lengths, and daily bag and possession limits that were not addressed in the Code. The Legislature passed a law in 1985 called the Utah Administrative Rulemaking Act. These laws are found in Title 63 Chapter 46 (a) of the State Code.

The law states that each agency shall make rules when agency action: a) authorizes, requires, or prohibits an action; b) provides or prohibits a material benefit; c) applies to a class of persons or another agency; and d) is explicitly or implicitly authorized by statute (63-46a-3(2)).

A rule is defined as an agency written statement that: 1) is explicitly or implicitly required by state, federal or other applicable law; 2) has the effect of law; 3) implements or interprets a state or federal legal mandate; and 4) applies to a class of persons or another agency (63-46a- 16(a)).

The term rule may also include any amendment or repeal of an existing rule. The Administrative Rules Act is administered by a 10-person committee composed of five senators and five representatives. No more than three members from each house can be from the same political party. There are also four ex officio members on the committee. The ex officio members are the Senate and House chairmen of the standing committee, and the Senate and House chairmen of the appropriation subcommittees who have jurisdiction over the agency whose existing rules are being reviewed.
Ex officio members of the committee participate as non-voting members.

Each appointed senator or representative serves a two-year term on the committee. Three representatives and three senators from the permanent members constitute a quorum for the transaction of business. The committee’s duties are to examine rules submitted by each agency, to determine whether they are authorized by statute; whether they comply with legislative intent; their impact on the economy and the government operations of the state and local political subdivisions; and their impact on affected persons.

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