(1) Subject to Subsection (2), an agency may hold a public hearing on a proposed rule during the public comment period. (2) Except as provided in Subsection (4), an agency shall hold a public hearing on a proposed rule if: (a) a public hearing is required by state or federal mandate; or (b) (i) another state agency, 10 interested persons, or an interested association having not fewer than 10 members request a public hearing; and (ii) the agency receives the request in writing not more than 15 days after the publication date of the proposed rule. (3) The agency shall hold the hearing: (a) except for a rule made in accordance with Section 63G-3-304, before the proposed rule becomes effective; and (b) no less than seven days nor more than 30 days after receipt of the request for hearing. (4) The Wildlife Board is not required to hold a public hearing on a proposed rule unless required to hold a public hearing under Title 23A, Chapter 2, Part 3, Wildlife Board and Regional Councils.
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