Interstate Compact Rulemaking

The winter 2004 issue of Administrative Regulatory Law News, a quarterly publication of the American Bar Association’s (ABA) Section of Administrative Law and Regulatory Practice, features an article by Utah’s own Kent W. Bishop, the Governor’s rules review analyst in the Governor’s Office of Planning and Budget. His article is one of several that were initially presented in panel discussions at the Section’s November 2003 Administrative Law Conference. Kent has played a key role in the current round of discussions. For some time, the folks who put together interstate compacts (e.g., the Interstate Compact for Adult Offender Supervision) realized that they needed the ability to establish rules to fully implement programs authorized by compacts. However, Kent’s review of H.B. 18 (2001) and its provisions delegating rulemaking to an entity outside Utah began raising questions about processes to be used and enforceability available under these rules. Due in large measure to Kent’s questions, his efforts and his ability to bring people together, those questions of process and accessibility are now being addressed. The fruits of Kent’s efforts are already becoming apparent. Improved provisions have been included in subsequent compacts (i.e., the Juvenile Offender Compact). In addition, the ABA’s Administrative Law and Regulatory Practice section has established a project committee to which over 40 members of the bar have volunteered to research this issue. A PDF version of 29 Administrative & Regulatory Law News 2 (Winter 2004) is available at http://www.abanet.org/adminlaw/news/adlaw_winter04.pdf. — Ken Hansen