requirements -- Standards for information published on state agency website -- Authority to publish previously received letters. (1) A state agency shall publish and report federal guidance letters received by the state agency in accordance with this section. (2) (a) Except as provided in Subsection (2)(b), a state agency that receives a federal guidance letter on or after July 1, 2025, shall: (i) publish the federal guidance letter on: (A) the state agency's public website; and (B) the Utah Public Notice Website created in Section 63A-16-601; and (ii) submit an electronic report to the commission containing the information specified in Subsection (2)(c). (b) For a state agency that is an education entity, the requirements of Subsection (2)(a) apply to federal guidance letters received on or after May 6, 2026. (c) The report described in Subsection (2)(a)(ii) shall include: (i) a copy of or an electronic link to the federal guidance letter received by the state agency; (ii) a brief description of: (A) the purpose of the federal guidance letter; (B) any fiscal or administrative impacts on the state agency resulting from the federal guidance letter, whether actualized or potential; and (C) any recommendations as to whether the federal guidance letter may violate the principle of federalism as set forth in Subsection 63C-4a-304(2); and (iii) any other information required by the commission. (d) A state agency shall comply with the requirements of Subsection (2)(a) within 15 days from the date on which the state agency receives the federal guidance letter. (3) (a) This Subsection (3) applies to a state agency that: (i) publishes and reports a federal guidance letter in accordance with Subsection (2); and (ii) receives a written communication from the applicable federal agency indicating that the federal guidance letter has been rescinded. (b) A state agency described in Subsection (3)(a) shall: (i) publish the following documents on the websites described in Subsection (2)(a)(i): (A) the written communication indicating the federal guidance letter's rescission; and (B) a disclaimer, linked to the federal guidance letter, notifying the public of the federal guidance letter's rescission; and (ii) transmit to the commission a copy of the written communication indicating the federal guidance letter's rescission. (c) A state agency shall comply with the requirements of Subsection (3)(b) within 15 days from the date on which the state agency receives the written communication indicating the federal guidance letter's rescission. (4) A state agency shall ensure that any information published on the state agency's public website under this section is available: (a) on a permanent basis; (b) in a user-friendly manner; and (c) via a link from the main page of the website. (5) A state agency may publish, on a website described in Subsection (2)(a)(i), any federal guidance letters received prior to: (a) July 1, 2025, for a state agency that is not an education entity; or (b) May 6, 2026, for a state agency that is an education entity.
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