Appendix H. Governor's Executive Order, 3/22/1988


WHEREAS, throughout the Utah Code, agencies are directed to promulgate administrative rules to administer the statutes; and

WHEREAS, the best interest of the state is served by clear, concise rules to protect the public health, safety, and welfare; promote economic development; and to facilitate the orderly implementation of state statutes; and

WHEREAS, pursuant to 63-46a-9 UCA, agencies shall periodically review their rules and provide a statement citing the statutory provisions requiring such rules and a justification for continuation of such rules; and

WHEREAS, pursuant to my Executive Order of February 3, 1986, agencies have reviewed their administrative rules and have reduced the rules volume by 61%; which rules have now been published in the first Utah Administrative Code; and

WHEREAS, agencies' continual review of existing rules and a process of careful consideration and assessment for new rules will lead to further improvements and reductions in administrative rules;

NOW, THEREFORE, I, Norman H. Bangerter, Governor of the state of Utah, do hereby issue the following Executive Order outlining agency procedures for promulgating rules in compliance with and in addition to UCA 63-46a:

1. Before filing a proposed rule or amendment with the Division of Administrative Rules, state agency directors shall examine each proposed rule in light of the following:

a. What statute does the rule implement or interpret?

b. Is the rule or amendment required to implement the law and legislative intent?

c. What need will be met or problem will be solved by the rule?

d. What fiscal and non-fiscal impact does the rule have on the citizens, businesses, state government, and local political subdivisions?

e. Could the length of the rule be reduced through incorporation by reference?

f. Is the rule organized in logical, understandable fashion using concise, everyday language?

g. Does the rule meet all the criteria of 63-46a-2(13) and 63-46a-3?

h. Is the rule in the format prescribed in the Rulewriting Manual for Utah?

2. State agency directors shall establish a procedure for reviewing each proposed rule using the above checklist as minimum standards and shall file a copy of that procedure with the governor's office before June 1, 1988.

3. State agency directors shall cooperate with the Office of Planning and Budget in implementing executive review of administrative rules.

4. State agency directors shall work with the Division of Administrative Rules to automate the rulemaking process, thereby reducing process cost to the state.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Utah, done at the State Capitol in Salt Lake City, Utah, this 22nd day of March, 1988.

(State Seal)

Norman H. Bangerter, Governor

W. Val Oveson, Lt. Governor