RulesNews

The Division of Administrative Rules receives a considerable number of calls from individuals with questions about specific rules. Staff at the division ends up looking up phone numbers and transferring calls. In order to better serve the public, the Division plans to provide on its web site a general phone number for each rulewriting department or agency. In its initial

Well, . . . no. No matter what the Division of Administrative Rules’ rule says, seven days is not the same as eight days. During the 2006 General Session, the Legislature passed H.B. 316. Among other things, H.B. 316 inserted a comment consideration period between the end of the public comment period and the first possible effective date. Based on

Subsection 63-46a-3(7) permits an agency to incorporate different types of materials by reference in rules. These materials include: (i) all or any part of another code, rule, or regulation that has been adopted by a federal agency, an agency or political subdivision of this state, an agency of another state, or by a nationally recognized organization or association; (ii) state

A rule-filing agency is responsible for its rules. None of the critical steps in the rulemaking process are automatic including designating the effective date of a rule. After the end of the public comment period that the agency designated on the rule analysis, the agency must notify the Division of Administrative Rules of the rule’s effective date. The effective date

The past six months have brought a significant amount of turnover to state agencies and their rulemaking staff. Since January 1, the Division has recorded more than 90 changes to personnel involved in rulemaking. This equates to nearly a quarter of all state personnel involved in rulemaking in the state. Changes happen. When they do, agencies must contact the Division

In 2003, the Legislature amended the Utah Administrative Rulemaking Act adding Section 63-46a-3.5. In essence, this section states that if an agency wishes to enforce the provisions of a written document, then that document must go through rulemaking. On July 6, 2006, the Administrative Rules Review Committee discussed “criteria and procedures” written by a state agency in response to a

On recommendation of counsel, the Division of Administrative Rules contacted Archives last year and requested a change to the General Retention Schedule. The Utah Administrative Rulemaking Act expects an agency to maintain an Administrative Record. The act defines "Administrative Record" as: information an agency relies upon when making a rule under this chapter including: (a) the proposed rule, change in

Section 63-46a-9 requires each agency to review its rules within five years of each rule’s original enactment or last five-year review, 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, the rules will expire. Reviews may be

The 12th edition of the “Rulewriting Manual for Utah” is available online. You may browse the HTML version at http://www.rules.utah.gov/agencyresources/manual-rw/index.html. You may download and print the PDF version from http://www.rules.utah.gov/agencyresources/manual-rulewriter.pdf. This version of the rulewriting manual is geared toward the rulewriter. As such, it contains only the style guide and material dealing with the practical aspects of the process (e.g.,

The Division has posted an updated copy of the Rulemaking Time Frames on its website at http://www.rules.utah.gov/agencyresources/timeframes.htm. This revised version changes dates to accommodate the new requirements of H.B. 316 that becomes effective on May 1, 2006. A printable (PDF) version is also available at http://www.rules.utah.gov/agencyresources/deadln.pdf.