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Office of Administrative Rules

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June 15, 2007

Before Filing that Large Rule …

Stop! Read this! Rule text that is over 60 kilobytes (roughly four pages) in size has a high probability of crashing eRules. Check the size of the file (you can do this by navigating to the file using My Computer in Windows, selecting it, and viewing the file details). For large text, follow this procedure: 1) create a file containing
June 15, 2007

Changes to eRules Funded

Finally, eRules is being reprogrammed. The Legislature appropriated one-time funding to update the application agencies use to file rules, and that the division uses to publish rules. The eRules application went online 09/01/2001. For some time now, it has been showing its age (but haven’t we all?). Employees from the Department of Technology Services are doing the development work for
June 15, 2007

The Clock is Ticking — 133 Days Left to File Rules Explicitly Mandated by Bills Effective on 04/30/2007

Because of the changes made by H.B. 327, agencies must now pay close attention to the effective dates of legislation requiring rulemaking. For legislation effective 04/30/2007 that explicitly mandates rulemaking, agencies must file the implementing rules by 10/27/2007. If an agency is unable to make this deadline, it must then appear before the legislative Administrative Rules Review Committee to explain
June 15, 2007

Implementing H.B. 327

To resolve ambiguity around the meaning of the word “requires” as it is used in the rulemaking act and H.B. 327, the Division amended Section R15-3-5. This amendment states: For the purposes of Subsection 63-46a-4(11), the phrase “statutory provision that requires the rulemaking” means a state statutory provision that explicitly mandates rulemaking. The amendment was published in the 03/15/2007, issue
June 15, 2007

Implementing H.B. 64

H.B. 64 changes the rule analysis questions to which agencies respond regarding costs. As part of the eRules reprogramming effort, the new questions will be fully integrated into the system. However, the new version is not yet ready for prime time (or day time, or any time just yet). To implement H.B. 64’s intent by the bill’s effective date, the
April 12, 2007

Incorporation by Reference: Agency Responsibilities

Recently, one of the Division’s editors took a call from a citizen. He said he had called an agency looking for information about a specific requirement. The citizen said he was given a rule number, the name of a publication that had been incorporated by reference in the rule, and told to call the Division of Administrative Rules to find
March 16, 2007

Fifty Rulemaking Actions Filed on One Day

On March 15, 2007, state agencies submitted 50 rule filings. This is the largest number of filings submitted on one day since August 3, 1999, when agencies submitted 57 filings. March 15, 2007, is the 25th most active filing day the Division has seen since it started tracking this type of information on December 5, 1984 (that is 25th out
February 26, 2007

Rule Filed to Implement H.B. 327

To resolve ambiguity around the meaning of the word “requires” as it is used in the rulemaking act and H.B. 327, the Division has filed an amendment to Rule R15-3. This amendment states: For the purposes of Subsection 63-46a-4(11), the phrase “statutory provision that requires the rulemaking” means a state statutory provision that explicitly mandates rulemaking. The Division has filed
February 16, 2007

H.B. 327 Passed

H.B. 327, requiring timely adoption of administrative rules, has passed. It amends Section 63-46a-4 requiring an agency to “initiate rulemaking proceedings no later than 180 days after the effective date of the statutory provision that requires the rulemaking.” If the agency is unable to file the rule by the deadline, it is required to “appear before the legislative Administrative Rules
January 25, 2007

H.B. 327 Proposes to Require “Timely Adoption”

Rep. David Clark’s “State Agency Timely Adoption of Administrative Rules” bill has been numbered as H.B. 327. The bill amends Section 63-46a-4 of the Utah Administrative Rulemaking Act. It requires an agency to file a rule mandated by legislation within 180 days of the legislation’s effective date. If the agency does not file the rule with the Division of Administrative