1. (1) Subject to Subsection (2), an agency may hold a public hearing on a proposed rule during the public comment period.

2. (2) Except as provided in Subsection (4), an agency shall hold a public hearing on a proposed rule if:

   1. (a) a public hearing is required by state or federal mandate; or

   2. (b)

      1. (i) another state agency, 10 interested persons, or an interested association having not fewer than 10 members request a public hearing; and
      2. (ii) the agency receives the request in writing not more than 15 days after the publication date of the proposed rule.

3. (3) The agency shall hold the hearing:

   1. (a) except for a rule made in accordance with Section 63G-3-304, before the proposed rule becomes effective; and
   2. (b) no less than seven days nor more than 30 days after receipt of the request for hearing.
4. (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.

Amended by Chapter 484, 2026 General Session