Legislation Affecting Administrative Rulemaking

Mike Broschinsky Legislation, Public News, Uncategorized

During the 2014 General Session, the Legislature passed the following bills that affect rulemaking.

H.B. 14, Administrative Rulemaking Amendments (Rep. C. Oda)

H.B. 14, entitled “Administrative Rulemaking Amendments”, passed and now awaits the Governor’s action.  H.B. 14 amends Section 63G-3-305, which deals with the five-year review requirement. H.B. 14 provides that after review, if the agency determines that a rule should be repealed, the rule analysis for the repeal must include a statement that the repeal is the result of the agency’s five-year review.  The Division is required to make reasonable effort to notify the agency that a rule is due for review at least 180 days before the review deadline.  The statute allows an agency to file one 120-day extension if it finds that it will not be able to meet the review deadline.  Most significantly, if an agency does not comply with the requirement to file the review and does not file an extension, the rule *automatically* expires on the day immediately after the date of the missed deadline.  After a rule expires, the division is then required to publish a notice that the rule has expired and is no longer enforceable, remove the rule from the code, and notify the agency that the rule has expired. If signed by the Governor, H.B. 14 takes effect on July 1, 2014.  Questions about H.B. 14 and the five-year review process may be directed to Ken Hansen, 801-538-3764.  Additional information about H.B. 14 is available on the Legislature’s web site at http://le.utah.gov/~2014/bills/static/hb0014.html.

S.B. 35, Administrative Rules Reauthorization (Sen. H. Stephenson)

S.B. 35, entitled “Administrative Rules Reauthorization”, passed and now awaits the Governor’s action.  S.B. 35 is the legislation required annually by Subsection 63G-3-502(3).  The bill reauthorizes all administrative rules.  If signed by the Governor, under the terms of Section 2 of the bill, S.B. 35 takes effect on May 1, 2014. The law governing the reauthorization of administrative rules is found at Section 63G-3-502.  Questions about the reauthorization process may be directed to Ken Hansen, 801-538-3764.  Additional information about S.B. 35 is available on the Legislature’s web site at http://le.utah.gov/~2014/bills/static/sb0035.html. Information about legislation affecting administrative rulemaking can be found on the Division of Administrative Rules’ web site at http://www.rules.utah.gov/law/legislation.htm. UPDATE 3/28/2014:  Governor Herbert has signed S.B. 35 and H.B. 14.