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Office of Administrative Rules

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January 24, 2007

Rep. Ferry Assigned to ARRC as New House Chair

Rep. Ben C. Ferry, Republican from District 2, has been assigned as the House chair of the Legislature’s Administrative Rules Review Committee. Rep. Ferry has served in the House since 1999. He replaces Rep. David Ure. More information about Rep. Ferry is available online at http://le.utah.gov/house/members2005/bios2005.asp?id=2. The Division welcomes Rep. Ferry to the Administrative Rules Review Committee.
January 18, 2007

Rules Due for Review in 2007

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
December 20, 2006

“Impact of Administrative Rules on Small Businesses” Bill Numbered

Rep. S. Clark’s “Impact of Administrative Rules on Small Businesses” bill has been numbered as H.B. 64. Questions about H.B. 64 may be directed to Ken Hansen (801-538-3777).
November 15, 2006

December Training To Focus on Forms, Text

The Division of Administrative Rules is changing the format for its training announced for December 19. Staff will focus the morning session (9 a.m. to noon) on completing the rule analysis form. The afternoon session (1:30 to 3:30 p.m.) will be centered on preparing rule text. This format change is based on a review of correction notices sent back to
November 7, 2006

Proposed Amendments to Rules’ Rules

The Division of Administrative Rules has filed amendments to two of its rules — Rule R15-2 and Rule R15-4 — to make them consistent with the Utah Administrative Rulemaking Act as amended by H.B. 316 (2006), and to clarify specific issues. With filing No. 29188, the Division is making Rule R15-2 conform to Section 63-46a-12, and is making other changes
October 27, 2006

Timely Adoption of Administrative Rules

Rep. David Clark has opened a bill request for the 2007 General Session entitled “State Agency Timely Adoption of Administrative Rules.” Rep. Clark is concerned that some agencies take longer than necessary to promulgate administrative rules necessary to implement bills. The bill has not yet been drafted. In concept, Rep. Clark’s bill will give an agency 12 months to promulgate
September 20, 2006

Small Business Impact Bill to Return in 2007 General Session

At its meeting on Wednesday, September 20, 2006, the Business and Labor Interim Committee approved as a committee bill “Impact of Administrative Rules on Small Businesses.” This bill is essentially the same as S.B. 157 (2006) except that the committee decided to change the definition of small business from “businesses employing fewer than 50 persons” to “businesses employing fewer than
September 7, 2006

eRules Issues

As some of you have no doubt noticed, eRules doesn’t always behave the way we would like it to. Text can’t be attached, forms can’t be saved, fortunes can’t be told (no, wait, that’s eCrystalBall). In short, sometimes eRules just makes us want to scream. Here are some of the more common problems we have noticed, and some suggestions on
September 6, 2006

Formatting Reminders

When filing text for a five-year review, the text may not reflect amendments that are not yet effective. It must match the text on file with the division. Five-year review text that includes underlining or strikeout will be returned for correction. The Division of Administrative Rules will change the “Notice of Continuation” date when the five-year review is codified. The
September 6, 2006

Oops! Bad Advice on Rule Formatting

The Division recently sponsored rulewriting training sessions among most state agencies. Since that training, we have returned several rule filings as incomplete and received the response, “but that is how we were told to do it!” Our most humble apologies. When you file a rule affecting just one section, you must include the following for the rule to be correctly