Rule 1-103. 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 Supreme Court to be approved for public comment. If approved by the Supreme Court, the committee shall submit the rules 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 shall submit the rule to the Supreme Court to be approved for public comment. If approved by the Supreme Court, the committee shall submit the modified rule to the Administrative Office of the Courts for re-publication and further public comment.

ppropriate modifications to the rules. If after receiving public comment, a committee makes substantial modifications to the proposed rule, the committee shall submit the rule to the Supreme Court to be approved for public comment. If approved by the Supreme Court, the committee shall 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.