H.B. 109 (2015), Expungement of Administrative Action, creates a general grant of rulemaking authority. Any agency empowered to take disciplinary action against a person would need to establish a rule to govern the administrative expungement process. The bill amends the Utah Administrative Procedures Act and establishes a process for administrative expungements that “prevent public access, including through a website or …
2014 Rulemaking Legislation
At its 09/16/2013 and 09/30/2013 meetings, the Legislature’s Administrative Rules Review Committee discussed a draft bill entitled, “Administrative Rulemaking Amendments.” This bill proposes to amend Section 63G-3-305 dealing with the five-year review procedures and the expiration of rules not reviewed. At its 09/30/2013 meeting, the committee voted to approve the bill as a committee bill. As of 12/02/2013, the bill …
ARRC Meeting 9/30/2013; Revised Draft “Administrative Rulemaking Amendments”
The Utah Legislature’s Administrative Rules Review Committee has scheduled its next meeting for Monday, September 30, 2013, at 9 AM in Room 445 of the State Capitol. The agenda for the meeting has been posted online at http://le.utah.gov/asp/interim/Commit.asp?Year=2013&Com=SPEADM . The third item on the agenda is “Draft bill, “Administrative Rulemaking Amendments.”” This bill proposes to amend Section 63G-3-305 dealing with …
ARRC Meeting 9/16; Draft Amendments to Rulemaking Act
The Utah Legislature’s Administrative Rules Review Committee has scheduled its next meeting for Monday, September 16, 2013, at 9 AM in Room 30 of the House Building, Capitol Hill. The agenda for the meeting has been posted online at http://le.utah.gov/asp/interim/Commit.asp?Year=2013&Com=SPEADM . The fourth item on the agenda is “Draft bill, “Administrative Rulemaking Amendments.” This bill proposes to amend Section 63G-3-305 …
The Good, the Bad, and the Ugly of Administrative Rules
The Utah State Bar Administrative Law Section is hosting a lunch to discuss Utah administrative rules. The title for this event is “Administrative Rules: The Good, the Bad, and the Ugly”. Date: Thursday, October 11, 2012 Time: 12:00pm – 1:15pm Location: Utah State Bar, 645 South 200 East, Salt Lake City, Utah 84111 Presenters: Kenneth A. Hansen, Director, Utah Division …
2010 Model State Administrative Procedure Act
Back on July 28, 2010, we notified readers that the National Conference of Commissioner on Uniform State Laws (NCCUSL) had approved a new Model State Administrative Procedure Act. Now, NCCUSL has posted the final version of the 2010 Model State Administrative Procedure Act (MSAPA) on the web at http://www.law.upenn.edu/bll/archives/ulc/msapa/2010_final.htm. NCCUSL adopted the revised MSAPA, subject to style changes, at its …
NCCUSL Approves New Model State Administrative Procedure Act
At its annual meeting held July 9 through 16, 2010, in Chicago, Illinois, the National Conference Commissioners On Uniform State Laws (NCCUSL) approved and recommended a new Model State Administrative Procedure Act (MSAPA). This action represents the culmination of more than six years of effort. The text of the 2010 MSAPA replaces the 1981 MSAPA. The new text has not …
Everything You Ever Wanted to Know About Researching Administrative Rules
The staff at the Utah State Law Library has published a guide to researching Utah administrative rules. “Researching Utah Administrative Law” appears in the March/April 2009 Utah Bar Journal (Vol. 22, No. 2). The Utah Bar Journal (http://www.utahbarjournal.com/) is available online. A PDF version of the Journal can be found at http://www.utahbar.org/barjournal/pdf/2009_march_april.pdf. The article begins on page 39 of the …
H.B. 32 Passed; Amends Subsection 63G-3-201(5)
H.B. 32 — amending provisions of statute in the Commerce, Health, Insurance, and Natural Resources titles of the code that provided a criminal penalty for violating rules — has passed. Prior to passage, H.B. 32 was amended to include changes to Subsection 63G-3-201(5) of the Rulemaking Act. Subsection (5) formerly required that, “[a] rule shall enumerate any penalty authorized by …
Invitation to Particpation in the Model State Administrative Procedure Act Revision Process
For three years, the Division of Administrative Rules has been monitoring the National Conference of Commissioners on Uniform State Laws process for revising the Model State Administrative Procedures Act. That process is scheduled to be complete by Summer 2009. The following notice is provided by Commissioner Francis J. Pavetti, Chair of the National Conference of Commissioners on Uniform State Laws …
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