Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 230 (2024GS)

Sponsor

Rep. Peterson, T.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• requires for specified agencies that the agency respond within a specified time period to a request for agency action;
• addresses for specified agencies the procedures for determining that a request for agency action is complete;
• clarifies how other statutes apply;
• addresses federal preemption;
• provides that sections are to be interpreted to benefit a person seeking agency action; and
• addresses effect of noncompliance.

Every vote on this bill

Bill text

STATE AGENCY APPLICATION REVIEW REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor: 
 Evan J. Vickers
LONG TITLE
General Description:
This bill addresses procedures for a state agency to act on a request for agency action.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires for specified agencies that the agency respond within a specified time
period to a request for agency action;
▸ addresses for specified agencies the procedures for determining that a request for
agency action is complete;
▸ clarifies how other statutes apply;
▸ addresses federal preemption;
▸ provides that sections are to be interpreted to benefit a person seeking agency
action; and
▸ addresses effect of noncompliance.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
13-1-19
, Utah Code Annotated 1953
19-1-309
, Utah Code Annotated 1953
79-1-105
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-1-19
 is enacted to read:
 13-1-19.
Timing of department agency action.
(1) As used in this section:
(a) "Agency" means the department or an agency, division, board, office, or other
subpart of the department.
(b) (i) "Agency action" means a paper-based or electronic action that grants authority to
engage in a specified activity under an applicable statute or a rule made under an applicable
statute, including:
(A) a permit;
(B) a plan;
(C) a license;
(D) a registration;
(E) a certificate;
(F) an approval order; or
(G) another administrative authorization made under an applicable statute.
(ii) Notwithstanding Subsection (1)(b)(i), "agency action" does not include:
(A) responding to a complaint;
(B) issuing a grant or loan;
(C) investigating a person engaging in a specified activity authorized by agency action;
or
(D) responding to a request under Title 63G, Chapter 2, Government Records Access
and Management Act.
(c) "Applicable statute" means the following to the extent that the statute governs
agency action:
(i) this title;
(ii) Title 16, Corporations;
(iii) Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act;
(iv) Title 57, Real Estate;
(v) Title 58, Occupations and Professions;
(vi) Title 61, Securities Division - Real Estate Division;
(vii) Title 70, Trademarks and Trade Names; or
(viii) another state statute administered by an agency.
(d) "Application" means a request for agency action.
(e) "Complete application" means an application in a form approved by an agency that
contains all of the information required by statute or rule for the agency to issue an order.
(f) "Department" means the Department of Commerce.
(g) (i) "Order" means an order or final action issued by an agency under an applicable
statute that:
(A) approves an agency action;
(B) renews an agency action;
(C) denies an agency action;
(D) modifies or amends an agency action; or
(E) revokes and reissues an agency action.
(ii) "Order" does not include an order terminating an agency action.
(2) An agency shall issue an order related to agency action by no later than the later of:
(a) 30 days after the day on which the agency receives a complete application seeking
agency action; or
(b) if the applicable statute provides for public comment, 30 days after the day on
which the time period ends for the agency to review public comments.
(3) (a) An agency shall determine by no later than 15 days from the day on which an
application is filed with the agency whether the application is complete.
(b) If a person files an application for agency action that an agency determines is
incomplete, the agency shall notify the person within the 15-day period described in Subsection
(3)(a):
(i) that the application is incomplete; and
(ii) what the person needs to do to complete the application.
(c) If a person submits an application a second time to address what the agency notified
the person needed to be done under Subsection (3)(b)(ii) to complete the application, the
agency may not raise an additional issue concerning the completeness of the application unless
the agency can demonstrate that the issue is based on new information obtained after the
agency sent the notice required under Subsection (3)(b).
(d) An agency shall publish on a public website for each type of agency action the
requirements for an application to be considered a complete application.
(4) (a) Notwithstanding Subsection (2) or (3), if an applicable statute provides:
(i) for a shorter time period for an agency to act than required by this section, the
shorter time period applies; or
(ii) greater protections for determining that an application is complete, the greater
protections apply.
(b) If the applicable statute provides:
(i) for a longer time period for an agency to act than required by this section, the time
period in this section applies; or
(ii) lesser protection for determining that an application is complete, the protections
under Subsection (3) apply.
(5) A petition appealing, either administratively or judicially, an order related to an
application seeking agency action is not subject to the requirements of this section.
(6) This section shall be interpreted in a manner that provides the greatest protection to
a person seeking agency action.
(7) This section does not apply to an agency action if application of this section to the
agency action is preempted by federal law.
(8) An application for agency action is considered approved if an agency fails to
comply with this section.
Section 2. Section 
19-1-309
 is enacted to read:
 19-1-309.
Timing of department agency action.
(1) As used in this section:
(a) "Agency" means the department or an agency, division, board, office, or other
subpart of the department.
(b) (i) "Agency action" means a paper-based or electronic action that grants authority to
engage in a specified activity under an applicable statute or a rule made under an applicable
statute, including:
(A) a permit;
(B) a plan;
(C) a license;
(D) a registration;
(E) a certificate;
(F) an approval order; or
(G) another administrative authorization made under an applicable statute.
(ii) Notwithstanding Subsection (1)(b)(i), "agency action" does not include:
(A) responding to a complaint;
(B) issuing a grant or loan;
(C) investigating a person engaging in a specified activity authorized by agency action;
or
(D) responding to a request under Title 63G, Chapter 2, Government Records Access
and Management Act.
(c) "Applicable statute" means the following to the extent that the statute governs
agency action:
(i) this title; or
(ii) another state statute administered by an agency.
(d) "Application" means a request for agency action.
(e) "Complete application" means an application in a form approved by an agency that
contains all of the information required by statute or rule for the agency to issue an order.
(f) (i) "Order" means an order or final action issued by an agency under an applicable
statute that:
(A) approves an agency action;
(B) renews an agency action;
(C) denies an agency action;
(D) modifies or amends an agency action; or
(E) revokes and reissues an agency action.
(ii) "Order" does not include an order terminating an agency action.
(2) An agency shall issue an order related to agency action by no later than the later of:
(a) 30 days after the day on which the agency receives a complete application seeking
agency action; or
(b) if the applicable statute provides for public comment, 30 days after the day on
which the time period ends for the agency to review public comments.
(3) (a) An agency shall determine by no later than 15 days from the day on which an
application is filed with the agency whether the application is complete.
(b) If a person files an application for agency action that an agency determines is
incomplete, the agency shall notify the person within the 15-day period described in Subsection
(3)(a):
(i) that the application is incomplete; and
(ii) what the person needs to do to complete the application.
(c) If a person submits an application a second time to address what the agency notified
the person needed to be done under Subsection (3)(b)(ii) to complete the application, the
agency may not raise an additional issue concerning the completeness of the application unless
the agency can demonstrate that the issue is based on new information obtained after the
agency sent the notice required under Subsection (3)(b).
(d) An agency shall publish on a public website for each type of agency action the
requirements for an application to be considered a complete application.
(4) (a) Notwithstanding Subsection (2) or (3), if an applicable statute provides:
(i) for a shorter time period for an agency to act than required by this section, the
shorter time period applies; or
(ii) greater protections for determining that an application is complete, the greater
protections apply.
(b) If the applicable statute provides:
(i) for a longer time period for an agency to act than required by this section, the time
period in this section applies; or
(ii) lesser protection for determining that an application is complete, the protections
under Subsection (3) apply.
(5) A petition appealing, either administratively or judicially, an order related to an
application seeking agency action is not subject to the requirements of this section.
(6) This section shall be interpreted in a manner that provides the greatest protection to
a person seeking agency action.
(7) This section does not apply to an agency action if application of this section to the
agency action is preempted by federal law.
(8) An application for agency action is considered approved if an agency fails to
comply with this section.
Section 3. Section 
79-1-105
 is enacted to read:
 79-1-105.
Timing of department agency action.
(1) As used in this section:
(a) "Agency" means the department or an agency, division, board, office, or other
subpart of the department.
(b) (i) "Agency action" means a paper-based or electronic action that grants authority to
engage in a specified activity under an applicable statute or a rule made under an applicable
statute, including:
(A) a permit;
(B) a plan;
(C) a license;
(D) a registration;
(E) a certificate;
(F) an approval order, including action regarding a notice of intention or surety for a
mining operation;
(G) a finding that a notice of intention is complete for a small mining operation;
(H) a water right or action on a change application; or
(I) another administrative authorization made under an applicable statute.
(ii) Notwithstanding Subsection (1)(b)(i), "agency action" does not include:
(A) responding to a complaint;
(B) issuing a grant or loan;
(C) investigating a person engaging in a specified activity authorized by agency action;
or
(D) responding to a request under Title 63G, Chapter 2, Government Records Access
and Management Act.
(c) "Applicable statute" means the following to the extent that the statute governs
agency action:
(i) this title;
(ii) Title 23A, Wildlife Resources Act;
(iii) Title 40, Mines and Mining;
(iv) Title 65A, Forestry, Fire, and State Lands;
(v) Title 73,Water and Irrigation; or
(vi) another state statute administered by an agency.
(d) "Application" means a request for agency action.
(e) "Complete application" means an application in a form approved by an agency that
contains all of the information required by statute or rule for the agency to issue an order.
(f) (i) "Order" means an order or final action issued by an agency under an applicable
statute that:
(A) approves an agency action;
(B) renews an agency action;
(C) denies an agency action;
(D) modifies or amends an agency action; or
(E) revokes and reissues an agency action.
(ii) "Order" does not include an order terminating an agency action.
(2) An agency shall issue an order related to agency action by no later than the later of:
(a) 30 days after the day on which the agency receives a complete application seeking
agency action; or
(b) if the applicable statute provides for public comment, 30 days after the day on
which the time period ends for the agency to review public comments.
(3) (a) An agency shall determine by no later than 15 days from the day on which an
application is filed with the agency whether the application is complete.
(b) If a person files an application for agency action that an agency determines is
incomplete, the agency shall notify the person within the 15-day period described in Subsection
(3)(a):
(i) that the application is incomplete; and
(ii) what the person needs to do to complete the application.
(c) If a person submits an application a second time to address what the agency notified
the person needed to be done under Subsection (3)(b)(ii) to complete the application, the
agency may not raise an additional issue concerning the completeness of the application unless
the agency can demonstrate that the issue is based on new information obtained after the
agency sent the notice required under Subsection (3)(b).
(d) An agency shall publish on a public website for each type of agency action the
requirements for an application to be considered a complete application.
(4) (a) Notwithstanding Subsection (2) or (3), if an applicable statute provides:
(i) for a shorter time period for an agency to act than required by this section, the
shorter time period applies; or
(ii) greater protections for determining that an application is complete, the greater
protections apply.
(b) If the applicable statute provides:
(i) for a longer time period for an agency to act than required by this section, the time
period in this section applies; or
(ii) lesser protection for determining that an application is complete, the protections
under Subsection (3) apply.
(5) A petition appealing, either administratively or judicially, an order related to an
application seeking agency action is not subject to the requirements of this section.
(6) This section shall be interpreted in a manner that provides the greatest protection to
a person seeking agency action.
(7) This section does not apply to an agency action if application of this section to the
agency action is preempted by federal law.
(8) An application for agency action is considered approved if an agency fails to
comply with this section.
Section 4. 
Effective date.
This bill takes effect on May 1, 2024.