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2021 Utah Code
Title 40 - Mines and Mining
Chapter 6 - Board and Division of Oil, Gas, and Mining
Section 22 - Regulatory certainty to support economic recovery.
Universal Citation:
UT Code § 40-6-22 (2021)
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Effective 8/31/2020
40-6-22. Regulatory certainty to support economic recovery.
Enacted by Chapter 14, 2020 Special Session 6
40-6-22. Regulatory certainty to support economic recovery.
- (1) On or before June 30, 2021, the board or division may not make, amend, or repeal a rule pursuant to this title, if formal rulemaking was not initiated on or before July 1, 2020, unless the rule constitutes:
- (a) a state rule related to a federally-delegated program;
- (b) a rule mandated by statute to be made, amended, or repealed on or before July 1, 2020; or
- (c) subject to Subsection (2), a rule that is necessary because failure to make, amend, or repeal the rule will:
- (i) cause an imminent peril to the public health, safety, or welfare;
- (ii) cause an imminent budget reduction because of budget restraints or federal requirements;
- (iii) place the agency in violation of federal or state law; or
- (iv) fail to provide regulatory relief.
- (2) In addition to complying with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board or division shall report to the Administrative Rules Review Committee as to whether the need to act meets the requirements of Subsection (1)(c).
- (3) On or after August 31, 2020, but on or before June 30, 2021, the board or division may not impose a new fee or increase a fee pursuant to this title or rules made under this title.
- (4) Only the Legislature may extend the time limitations of this section.
- (5) Notwithstanding the other provisions of this section, this section does not apply to a rule, fee, or fee increase to the extent that the rule, fee, or fee increase applies to an activity in a county of the first or second class.
- (6) Notwithstanding the other provisions of this section, the agencies may engage with stakeholders in the process of discussing, developing, and drafting a rule, fee, or fee increase on or after July 1, 2020, but on or before June 30, 2021.
Enacted by Chapter 14, 2020 Special Session 6
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