RulesNews

This year, the deadline for agencies to initiate rulemaking explicitly mandated by a bill that went into effect on May 5, 2008, is November 1, 2008.  The deadline for agencies to initiate rulemaking explicitly mandated by a bill that went into effect on July 1, 2008, is December 28, 2008. (Utah Code Subsection 63G-3-301(13); Utah Administrative Code Section R15-3-5) Subsection

Section 63-46a-9 requires each agency to review its rules within five years of each rule’s original enactment, and then within five-year intervals. To comply with the review requirement, the agency must submit a “Five-Year Notice of Review and Statement of Continuation” for each of its rules listed below. Otherwise, unreviewed rules will expire, become unenforceable, and will be removed from

Subsection 63-46a-4(11) provides that an agency has 180 days from the effective date of legislation to file a rule that is explicitly mandated by the legislation. For legislation effective 05/05/2008, mandated rules must be filed by 11/01/2008. For legislation effective 07/01/2008, mandated rules must be filed by 12/28/2008. The deadline for rules mandated by bills with an earlier or later

To avoid a potential delay in the publication of your rule filings, please remember the following: Please check your comment date and first possible effective date for when you are filing against the Filing Time Frame list. In Box 9 on the Proposed Rule, Emergency Rule, and Change in Proposed Rule forms, please add the department head’s name and title

The Administrative Rules Review Committee (ARRC) gave its unanimous endorsement to a substitute version of Rep. S. Clark’s “Impact of Administrative Rules on Small Businesses” bill. The substitute bill reflects discussions held during prior meetings of the ARRC, as well as negotiations between state agencies and a representative from the Small Business Administration. First Substitute H.B. 53 will require “a

Sen. Gene Davis has been appointed to the Legislature’s Administrative Rules Review Committee. He fills the seat left vacant by the death of Sen. Ed Mayne. Sen. Davis served in the House of Representatives from 1987 to 1999. He has served in the Senate since 1999, representing district 3. The Division welcomes Sen. Davis to Administrative Rules Review.

Section 63-46a-9 requires each agency to review its rules within five years of each rule’s original enactment, and then within five-year intervals. To comply with the review requirement, the agency must submit a “Five-Year Notice of Review and Statement of Continuation” for each of its rules listed below. Otherwise, unreviewed rules will expire, become unenforceable, and will be removed from

The Utah Administrative Rulemaking Act requires that, when an agency incorporates materials into its rules, the agency must provide a copy of those materials to the Division. Formerly, the Division made an exception to this by purchasing its own subscription to the Code of Federal Regulations (CFR). After contacting department rules coordinators, asking for feedback, and receiving no concerns or

On November 27, Rep. S. Clark presented his “Impact of Administrative Rules on Small Businesses” bill to the Administrative Rules Review Committee. The result of that discussion was to ask the Division of Administrative Rules to contact state agencies and get feedback on the draft bill, and then to work through any issues identified by state agencies with a representative

Rep. S. Clark is sponsoring another bill for the Small Business Administration. Last year, Clark sponsored H.B. 64. That bill required agencies to report small business impacts separately from other affected groups. (Prior to H.B. 64, small business impacts were reported as part of the impacts to “other persons”.) The new bill requires agencies to do an extensive analysis when