Rule 2-203. Forty-five day comment period.

Intent:

To establish a procedure for public comment on proposed Council policy by the judiciary, interested groups, and members of the public.

To assure that the policy decisions of the Council receive the widest practicable exposure to comment and criticism prior to final adoption of a rule.

To assure that persons and groups affected by Council decisions have the opportunity to participate in that decision.

To adopt procedures consistent with the philosophy of the Utah Administrative Rulemaking Act.

Applicability:

This rule shall apply to all rules initiated and promulgated by the Council.

Statement of the Rule:

(1) Unless a rule is promulgated pursuant to Rule 2-205, the Council shall, prior to final action on any rule:

(A) email notice of the proposed rule and an invitation for comment to the governor, the chairperson of the Judicial Rules Review Committee, the director of the Office of Legislative Research and General Counsel, the Boards, the Executive Director of the Commission on Criminal and Juvenile Justice, the chair of each of the Utah Supreme Court's Advisory Committees on Rules of Procedure, Evidence, and Professional Conduct, the Executive Director of the Utah State Bar, each active member of the Utah State Bar, the proponent of the rule, and any other person or agency identified by the Council as requiring notice. The notice shall include a summary of the proposed changes and identify the URL where the full text of proposed rules is available;

(B) publish the proposed rule and an invitation for comment in a regularly published law reporter service;

(C) allow at least 45 days between publication and final action on the rule; and

(D) consider all comments submitted.

(2) The Council has the discretion to limit public comment to oral or written comment. Prior to taking final action on a rule, the Council may distribute the rule for further public comment after the initial comment period has expired.

(3) Substantive amendments to existing rules shall be distributed by the Council for public comment in accordance with paragraph (1) of this rule.