Don’t Quote Statute in Rule

Mike Broschinsky Drafting/Formatting, Uncategorized

Rulewriters will occasionally quote statute in rule, either because they believe it will add weight to the rule text, or because they want to demonstrate conclusively the authority to write a particular rule.  But, quoting statute in rule carries risks.  Do not quote statute in rule. It serves no legal purpose. There is no legal purpose served in repeating language …

Formatting Reminders

Mike Broschinsky Drafting/Formatting, Rulemaking, Uncategorized

When filing text for a five-year review, the text may not reflect amendments that are not yet effective. It must match the text on file with the division. Five-year review text that includes underlining or strikeout will be returned for correction. The Division of Administrative Rules will change the “Notice of Continuation” date when the five-year review is codified. The …

Oops! Bad Advice on Rule Formatting

Mike Broschinsky Drafting/Formatting, Rulemaking, Uncategorized

The Division recently sponsored rulewriting training sessions among most state agencies. Since that training, we have returned several rule filings as incomplete and received the response, “but that is how we were told to do it!” Our most humble apologies. When you file a rule affecting just one section, you must include the following for the rule to be correctly …

Don’t Incorporate Utah Statutes by Reference

Mike Broschinsky Drafting/Formatting, Rulemaking, Uncategorized

Subsection 63-46a-3(7) permits an agency to incorporate different types of materials by reference in rules. These materials include: (i) all or any part of another code, rule, or regulation that has been adopted by a federal agency, an agency or political subdivision of this state, an agency of another state, or by a nationally recognized organization or association; (ii) state …

More Information About the Rulemaking Manual for Utah, 12th Edition

Mike Broschinsky Drafting/Formatting, Rulemaking, Uncategorized

The 12th edition of the “Rulewriting Manual for Utah” is available online. You may browse the HTML version at http://www.rules.utah.gov/agencyresources/manual-rw/index.html. You may download and print the PDF version from http://www.rules.utah.gov/agencyresources/manual-rulewriter.pdf. This version of the rulewriting manual is geared toward the rulewriter. As such, it contains only the style guide and material dealing with the practical aspects of the process (e.g., …

Division Issues the Rulewriting Manual for Utah, 12th Edition

Mike Broschinsky Drafting/Formatting, Public News, Rulemaking, Uncategorized

The Division is pleased to announce the 12th edition of the Rulewriting Manual for Utah. This edition marks several significant changes for the manual. First, the Division elected to make this edition an electronic edition, readily available to those who need access to it, and flexible enough to allow clarification and updates without waiting for a reprint. Soon, a PDF …

Rule Filing Tips

Mike Broschinsky Drafting/Formatting, Rulemaking, Uncategorized

The editors at the Division of Administrative Rules offer the following recommendations to agencies when they file rules. Always obtain an “rtf” version of the rule text from the Division before you start to prepare an amendment or a repeal. All changes to the text must be marked: added text must be underlined; deleted text must be surrounded by brackets …

“Word Underline” is Not the Same as Underline

Mike Broschinsky Drafting/Formatting, Rulemaking, Uncategorized

When an agency prepares a rule for amendment, additions must be underlined and deletions must be struck out and surrounded by brackets. Recently, an agency attempted to use a Microsoft Word formatting feature called “word underline”. This feature uses different codes to mark the text, and is therefore treated differently. In order to assure that the rule text you prepare …