Draft Rulemaking Legislation Discussed

Mike Broschinsky Legislation, Uncategorized

At its January 7, 2004, meeting, the legislature’s Administrative Rules Review Committee discussed two pieces of legislation that are not yet numbered. The first, “Administrative Rules Reauthorization,” is the committee’s annual bill that is required to reauthorize administrative rules. (See Utah Code 63-46a-11.5.) As it stands after the meeting, the Committee recommends reauthorizing all rules except two:
  • Section R156-73-601, Commerce, Occupational and Professional Licensing, “Chiropractic Physician Practice Act Rules – Scope of Practice” (see the Committee’s minutes for its 11/25/2003 meeting for more details); and
  • Subsections R884-24P-24(L)(1) and (2), Tax Commission, Property Tax, “Form for Notice of Property Valuation and Tax Changes ….” (see the Committee’s minutes for its 12/08/2003 meeting for more details)
At the meeting, the Committee voted to remove two administrative rules that had been added to the “sunset list” during the interim (Rule R590-209, Insurance, Administration, “Court Ordered Health Insurance Coverage for Dependents,” and Section R612-2-22, Labor Commission, Industrial Accidents, “Workers’ Compensation Rules – Health Care Providers, Medical Records”). The Committee removed these rules because the respective agencies had responded to the concerns of the Committee. As always, once this bill is introduced, it can be amended just like any other bill, and rules may be added or removed. While legislators have been quick to respond when agencies have addressed the committee’s concerns by amending rules off of the bill, it is rare to have rules added to the bill once it is numbered. The other piece of draft legislation discussed was Rep. Wayne Harper’s “Utah Administrative Rulemaking Act Amendments.” As we understand it, Rep. Harper wants state agencies to notify the sponsor(s) of each bill on which the agency relies for its rulemaking authority. As we understand, Rep. Harper believes that this will give the sponsor an opportunity to assure that the legislative intent is being carried out. It will also help legislators understand the broader impact of their legislation. As soon as these bills are numbered, the Division will provide links. — Ken Hansen