63G-3-601 - Interested parties -- Petition for agency action. - Utah Statutes

63G-3-601. Interested parties -- Petition for agency action.
(1) As used in this section, "initiate rulemaking proceedings" means the filing, for thepurposes of publication in accordance with Subsection 63G-3-301(4), of an agency's proposedrule to implement a petition for the making, amendment, or repeal of a rule as provided in thissection.
(2) An interested person may petition an agency to request the making, amendment, orrepeal of a rule.
(3) The division shall prescribe by rule the form for petitions and the procedure for theirsubmission, consideration, and disposition.
(4) A statement shall accompany the proposed rule, or proposed amendment or repeal ofa rule, demonstrating that the proposed action is within the jurisdiction of the agency andappropriate to the powers of the agency.
(5) Within 60 days after submission of a petition, the agency shall either deny thepetition in writing, stating its reasons for the denial, or initiate rulemaking proceedings.
(6) (a) If the petition is submitted to a board that has been granted rulemaking authorityby the Legislature, the board shall, within 45 days of the submission of the petition, place thepetition on its agenda for review.
(b) Within 80 days of the submission of the petition, the board shall either:
(i) deny the petition in writing stating its reasons for denial; or
(ii) initiate rulemaking proceedings.
(7) If the agency or board has not provided the petitioner written notice that the agencyhas denied the petition or initiated rulemaking proceedings within the time limitations specifiedin Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state districtcourt.

Renumbered and Amended by Chapter 382, 2008 General Session