Legislative oversight of executive agency rulemaking in Utah (2025)

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See also: 50-state research: Legislative oversight of executive agency rulemaking, Five pillars of the administrative state: Legislative control

Legislatures oversee executive agency rulemaking through a variety of mechanisms, including reviewing regulations, holding hearings, approving regulations prior to their adoption, or disapproving of or nullifying regulations, among other procedures. State laws and constitutions establish these legislative oversight requirements or authorizations. This page summarizes the legislative oversight of agency rulemaking mechanisms in Utah law.

This page contains the following sections:

Legislative oversight of agency rulemaking in Utah
This section details the legislative oversight mechanism in Utah.
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How does Utah compare to other states?
This section compares the legislative oversight policies in Utah to those across the 50 states, specifically related to legislative oversight requirements, designated oversight entity, and scope of regulatory oversight.
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Legislative oversight of agency rulemaking in Utah

The Rules Review and General Oversight Committee must review all proposed agency rules. It can make recommendations to the general assembly for the disapproval of agency rules. All agency rules expire on May 1 and must be annually reauthorized by the legislature; the Rules Review and General Oversight Committee can make recommendations on whether regulations should be approved or disapproved through this process. Agency rules with estimated costs exceeding $1 million over 5 years must be reviewed by relevant appropriations subcommittees and interim committees. Agencies cannot promulgate rules with estimated costs exceeding $2 million over five years unless statutorily required to, or if the agency has been federally delegated the authority to.^[1]

Utah Code § 36-35-102(3)-(9)

(3)(a) The committee shall exercise continuous oversight of the administrative rulemaking process under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and shall, for each general session of the Legislature, request legislation that considers legislative reauthorization of agency rules as provided under Section 63G-3-502.

(b) The committee shall examine each agency rule, including any agency rule made according to the emergency rulemaking procedure described in Section 63G-3-304, submitted by an agency to determine:

(i) whether the agency rule is authorized by statute;

(ii) whether the agency rule complies with legislative intent;

(iii) the agency rule's impact on the economy and the government operations of the state and local political subdivisions;

(iv) the agency rule's impact on affected persons;

(v) the agency rule's total cost to entities regulated by the state;

(vi) the agency rule's benefit to the citizens of the state; and

(vii) whether adoption of the agency rule requires legislative review or approval.

(c) The committee may examine and review:

(i) any executive order issued pursuant to Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act;

(ii) any public health order issued during a public health emergency declared in accordance with Title 26A, Local Health Authorities, or Title 26B, Utah Health and Human Services Code;

(iii) any agency policy that:

(A) affects a class of persons other than the agency; or

(B) is contrary to legislative intent;

(iv) in accordance with Subsection (10), an individual child welfare case; or

(v) in accordance with Subsection (11), information from an agency that is subject to a confidentiality agreement.

(d) If the committee chooses to examine or review an order or policy described in Subsection (3)(c), the agency that issued the order or policy shall, upon request by the committee, provide to the committee:

(i) a copy of the order or policy; and

(ii) information related to the order or policy.

(e) The committee shall review court rules as provided in Section 36-35-103 and Section 36-35-104.

(4)(a) To carry out the requirements of Subsection (3), the committee may examine any other issues that the committee considers necessary.

(b) Notwithstanding anything to the contrary in this section, the committee may not examine the internal policies, procedures, or practices of an agency or judicial branch entity.

(c) In reviewing a rule, the committee shall follow generally accepted principles of statutory construction.

(5) When the committee reviews an existing rule, the committee chairs:

(a) shall invite the Senate and House chairs of the standing committee and of the appropriation subcommittee that have jurisdiction over the agency or judicial branch entity whose existing rule is being reviewed to participate as nonvoting, ex officio members with the committee during the review of the rule; and

(b) may notify and refer the rule to the chairs of the interim committee that has jurisdiction over a particular agency or judicial branch entity when the committee determines that an issue involved in the rule may be more appropriately addressed by that committee.

(6) The committee may request that the Office of the Legislative Fiscal Analyst prepare a fiscal note on any rule or proposal for court rule.

(7) In order to accomplish the committee's functions described in this chapter, the committee has all the powers granted to legislative interim committees under Section 36-12-11.

(8)(a) The committee may prepare written findings of the committee's review of a rule, proposal for court rule, policy, practice, or procedure and may include any recommendation, including:

(i) legislative action;

(ii) action by a standing committee or interim committee;

(iii) agency rulemaking action;

(iv) Supreme Court rulemaking action; or

(v) Judicial Council rulemaking action.

(b) When the committee reviews a rule, the committee shall provide to the agency or judicial branch entity that enacted the rule:

(i) the committee's findings, if any; and

(ii) a request that the agency or judicial branch entity notify the committee of any changes the agency or judicial branch entity makes to the rule.

(c) The committee shall provide a copy of the committee's findings described in Subsection (8)(a), if any, to:

(i) any member of the Legislature, upon request;

(ii) any person affected by the rule, upon request;

(iii) the president of the Senate;

(iv) the speaker of the House of Representatives;

(v) the Senate and House chairs of the standing committee that has jurisdiction over the agency or judicial branch entity whose rule, policy, practice, or procedure is the subject of the finding;

(vi) the Senate and House chairs of the appropriation subcommittee that has jurisdiction over the agency or judicial branch entity that made the rule;

(vii) the governor; and

(viii) if the findings involve a court rule or judicial branch entity:

(A) the Judiciary Interim Committee;

(B) the Supreme Court; and

(C) the Judicial Council.

(9)(a)(i) The committee may submit a report on the committee's review under this section to each member of the Legislature at each regular session.

(ii) The report shall include:

(A) any finding or recommendation the committee made under Subsection (8);

(B) any action an agency, the Supreme Court, or the Judicial Council took in response to a committee recommendation; and

(C) any recommendation by the committee for legislation.

(b) If the committee receives a recommendation not to reauthorize an agency rule, as described in Subsection 63G-3-301(13)(b), and the committee recommends to the Legislature reauthorization of the agency rule, the committee shall submit a report to each member of the Legislature detailing the committee's decision.

(c) The committee may open a committee bill file to draft legislation by:

(i) committee vote; or

(ii) the House and Senate chairs agreeing to open a committee bill file if:

(A) the committee has voted to grant the chairs the ability to open committee bill files in the first meeting of the committee after the Legislature has adjourned sine die from the annual general session; and

(B) the chairs open a committee bill during the calendar year in which the vote described in Subsection (9)(c)(ii)(A) has occurred.^[2]

Utah Code § 63G-3-502

(1) All grants of rulemaking power from the Legislature to a state agency in any statute are made subject to the provisions of this section.

(2) (a) Except as provided in Subsection (2)(b), every agency rule that is in effect on February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized by the Legislature.

(b) Notwithstanding the provisions of Subsection (2)(a), an agency's rules do not expire if:

(i) the rule is explicitly mandated by a federal law or regulation; or

(ii) a provision of Utah's constitution vests the agency with specific constitutional authority to regulate.

(3) (a) The Rules Review and General Oversight Committee shall have legislation prepared for the Legislature to consider the reauthorization of rules during its annual general session.

(b) The legislation shall be substantially in the following form: "All rules of Utah state agencies are reauthorized except for the following:".

(c) Before sending the legislation to the governor for the governor's action, the Rules Review and General Oversight Committee may send a letter to the governor and to the agency explaining specifically why the committee believes a rule should not be reauthorized.

(d) For the purpose of this section, the entire rule, a single section, or any complete paragraph of a rule may be excepted for reauthorization in the legislation considered by the Legislature.

(4) The Rules Review and General Oversight Committee may have legislation prepared for consideration by the Legislature in the annual general session or a special session regarding any rule made according to emergency rulemaking procedures described in Section 63G-3-304.

(5) The Legislature's reauthorization of a rule by legislation does not constitute legislative approval of the rule, nor is it admissible in any proceeding as evidence of legislative intent.

(6) (a) If an agency believes that a rule that has not been reauthorized by the Legislature or that will be allowed to expire should continue in full force and effect and is a rule within their authorized rulemaking power, the agency may seek the governor's declaration extending the rule beyond the expiration date.

(b) In seeking the extension, the agency shall submit a petition to the governor that affirmatively states:

(i) that the rule is necessary; and

(ii) a citation to the source of its authority to make the rule.

(c) (i) If the governor finds that the necessity does exist, and that the agency has the authority to make the rule, the governor may declare the rule to be extended by publishing that declaration in the Administrative Rules Bulletin on or before April 15 of that year.

(ii) The declaration shall set forth the rule to be extended, the reasons the extension is necessary, and a citation to the source of the agency's authority to make the rule.

(d) If the legislation required by Subsection (3) fails to pass both houses of the Legislature or is found to have a technical legal defect preventing reauthorization of administrative rules intended to be reauthorized by the Legislature, the governor may declare all rules to be extended by publishing a single declaration in the Administrative Rules Bulletin on or before June 15 without meeting requirements of Subsections (6)(b) and (c).^[3]

Utah Code § 63G-3-102

Utah Code § 63G-3-301

How does Utah compare to other states?

Is legislative oversight optional, required, or both?

Because many states have more than one mechanism of legislative oversight of agency regulations, some states have both optional and required legislative oversight mechanisms.

Thirty-four (34) states require legislative review of all or some agency regulations. Seven states include both optional and required legislative oversight mechanisms, and 27 states only have required legislative oversight mechanisms.
Ten (10) states authorize, but do not require, legislative oversight of agency regulations.
The law does not include provisions regarding legislative review of agency actions in six states.

Who reviews the regulations?

Generally, either the full legislature, legislative committees, legislative agencies, divisions, or offices, or any combination of these bodies, is authorized or required to review agency regulations. Thirty-three (33) states authorize or require more than one legislative entity to review agency regulations; therefore, the breakdown below exceeds 50.

Thirty-one (31) states authorize or require full legislative review of agency regulations.
Forty-one (41) states authorize or require legislative committees to review agency regulations.
Thirteen (13) states authorize or require legislative agencies, divisions, or offices to review agency regulations.

What is reviewed?

In states that don't require the legislature to review rules, review is optional, while other states do not have laws relating to legislative oversight of agency rules.

Thirty-two (32) states require legislative review of all rules. Some states require different levels of review for rules that meet different criteria.
Six states require legislative review of some rules. Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws. Other states require legislative review of rules that received a public complaint.
Six states do not require, but explicitly authorize, legislative review of rules.
Six states do not have laws regarding legislative review of agency rules.

Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws.

Footnotes

↑ Utah passed this state-level REINS law in 2025, requiring legislative approval of regulatory actions above a cost threshold. For more information on this law, see Ballotpedia's Utah REINS-style state law page.
↑ Utah State Legislature, "36-35-102. Rules Review and General Oversight Committee." Accessed February 4, 2026
↑ Utah State Legislature, "63G-3-502. Legislative reauthorization of agency rules -- Extension of rules by governor." Accessed February 4, 2026
↑ Utah State Legislature, "H.B. 474 Regulatory Oversight Amendments," accessed February 4, 2026
↑ Utah State Legislature, "H.B. 474 Regulatory Oversight Amendments," accessed February 4, 2026

[1] Utah passed this state-level REINS law in 2025, requiring legislative approval of regulatory actions above a cost threshold. For more information on this law, see Ballotpedia's Utah REINS-style state law page.

[2] Utah State Legislature, "36-35-102. Rules Review and General Oversight Committee." Accessed February 4, 2026

[3] Utah State Legislature, "63G-3-502. Legislative reauthorization of agency rules -- Extension of rules by governor." Accessed February 4, 2026

[4] Utah State Legislature, "H.B. 474 Regulatory Oversight Amendments," accessed February 4, 2026

[5] Utah State Legislature, "H.B. 474 Regulatory Oversight Amendments," accessed February 4, 2026

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Legislative oversight of executive agency rulemaking in Utah (2025)

Contents

Legislative oversight of agency rulemaking in Utah

How does Utah compare to other states?

Is legislative oversight optional, required, or both?

Who reviews the regulations?

What is reviewed?

See also

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