Rule
11-103. Rulemaking Procedures.
Intent:
To establish procedures for disseminating
proposed rules to the Utah State Bar, Judiciary, interested groups, and members
of the public.
Applicability:
This rule shall apply to the Supreme Court, the
Administrative Office of the Courts, and the Supreme Court advisory committees.
Statement of the Rule:
(1) Submission of final rules
recommendations. Each advisory committee shall vote upon and finalize its
recommendations and any proposed committee notes for public comment and submit
them to the Administrative Office of the Courts for publication and
distribution.
(2) Publication. The Administrative Office
of the Courts shall publish the final committee recommendations and any
proposed committee notes for a 45-day comment period. The purpose of the
comment period shall be to solicit written comment concerning the committees’
recommendations.
(3) Distribution. Copies of proposed rules
and any advisory committee notes shall be distributed as provided in Rule
11-106.
(4) Comment. Written comment shall be
submitted to the Administrative Office of the Courts.
(5) Committee review. Upon the expiration of
the comment period, the Administrative Office of the Courts shall compile all
of the written comment received and forward it to the appropriate committee
chair. The chair shall convene a meeting of the committee for the purpose of
reviewing the public comment and discussing and voting upon appropriate
modifications to the rules. If after receiving public comment, a committee makes
substantial modifications to the proposed rule, the committee may submit the
modified rule to the Administrative Office of the Courts for re-publication and
further public comment.
(6) Transmittal. Once the committee has
reviewed the public comment and voted upon the final modifications to the
proposed rules and committee notes, it shall submit a letter of transmittal to
the Supreme Court with a copy of the committee’s final proposals, a summary of
the public comment and the committee’s recommendations in response to the
comment.