(1) Upon a majority vote of the members of the committee, the Rules Review and General Oversight Committee may delay the effective date of a proposed rule promulgated by the State Board of Education to a date determined by the committee. (2) The Rules Review and General Oversight Committee: (a) may choose to delay the effective date of an entire proposed rule, a single section, or any complete paragraph of a rule; and (b) may not delay the effective day beyond May 15 of the calendar year after the day the vote is taken. (3) (a) Upon a majority vote of the members of the committee, the Rules Review and General Oversight Committee may remove the delay of effective date described in Subsection (1). (b) A rule or section or paragraph of a rule that has had the delay of effective date removed under Subsection (3)(a) goes into effect on a day designated by the State Board of Education. (4) The Rules Review and General Oversight Committee shall notify the State Board of Education and the office of the delay of the effective date. (5) A State Board of Education proposed rule's effective date may not be delayed if: (a) the rule is explicitly mandated by a federal law or regulation; (b) a provision of Utah's constitution vests the State Board of Education with specific constitutional authority to promulgate the rule; or (c) the rule is an emergency rule filed under Section 63G-3-304. (6) The office shall make rules in accordance with this chapter to determine how to bifurcate a rule that has had a section or paragraph's effective date delayed under this section.
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