Utah Code § 53E-3-913

Article XII -- Rulemaking -- Authority -- Procedure -- Review -- Rejection by
Open in Lexace · Ask the AI about this section
Legislature.
(1) The Interstate Commission shall promulgate reasonable rules in order to effectively and
efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the
Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope
of the purposes of this compact, or the powers granted in accordance with this compact, then
the action by the Interstate Commission shall be invalid and have no force or effect.
(2) Rules shall be made pursuant to a rulemaking process that substantially conforms to the Model
State Administrative Procedure Act, of 1981, Uniform Laws Annotated, Vol. 15, p.1 (2000) as
amended, as may be appropriate to the operations of the Interstate Commission.
(3) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial
review of the rule; provided that, the filing of a petition may not stay or otherwise prevent
the rule from becoming effective unless the court finds that the petitioner has a substantial
likelihood of success. The court shall give deference to the actions of the Interstate
Commission consistent with applicable law and may not find the rule to be unlawful if the rule
represents a reasonable exercise of the Interstate Commission's authority.
(4) If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute
or resolution in the same manner used to adopt the compact, then the rule shall have no further
force and effect in any compacting state.
Renumbered and Amended by Chapter 1, 2018 General Session

‹ Prev All Utah sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.