Agency Administrative Rules Coordinators

Mike Broschinsky Agency Deadlines, Rulemaking, Uncategorized

Governor Herbert’s 12/06/2011 executive order requires each “cabinet level administrator, or other official of similar responsibility, who answers to the Governor” to designate an administrative rules coordinator. Among other duties, the coordinator must:
  • assess enacted legislation by June 1 of each year to ensure that new regulatory obligations are discovered and met in a timely manner by appropriate rulemaking action; [and]
  • send a copy of the notice of proposed rule and the rule analysis required by law to the Governor’s Office of Economic Development….
The purpose of the provision to assess legislation is to ensure that each state agency has rules in place to implement new statutory mandates. This compliments the requirement found in Subsection 63G-3-301(13) that requires an agency to file a rule specifically required by legislation within 180-days of the legislation’s effective date. Regarding the requirement to send a copy of a proposed rule to the Governor’s Office of Economic Development (GOED): the Division of Administrative Rules, the Governor’s Office of Management and Budget (GOMB), and GOED have developed an alternative method to provide GOED notices of proposed rules. This method is intended to remove some of the burden from the coordinators. This method involves GOMB forwarding the notice it receives to as an automatic part of the eRules application to GOED. The full text of the Governor’s executive order is available online at http://www.rules.utah.gov/execdocs/2011/ExecDoc151876.htm . Section 4 of the order outlines duties of the agency administrative rules coordinator. Questions about the executive order may be referred to Ken Hansen (801-538-3777).