Legislation Affecting Administrative Rulemaking

Mike Broschinsky Legislation, Uncategorized

During the 2015 General Session, the Legislature passed one bill that affected rulemaking generally. H.B. 37, Reauthorization of Administrative Rules (Rep. C. Oda) H.B. 37, entitled “Reauthorization of Administrative Rules”, passed and now awaits the Governor’s action.  H.B. 37 is the legislation required annually by Subsection 63G-3-502(3).  The bill reauthorizes all administrative rules.  If signed by the Governor, under the …

H.B. 37, Rules Reauthorization, Passes

Mike Broschinsky Legislation, Oversight and Review, Uncategorized

The Senate passed 1st Substitute House Bill 37, Reauthorization of Administrative Rules, on March 11, 2015.  The bill passed by more than two-thirds in both the House and Senate so, pending action by the Governor, H.B. 37 will take effect on May 1, 2015. H.B. 37 reauthorizes all administrative rules. This process is governed by Section 63G-3-502. It also amends …

H.B. 109 (2015) Creates General Grant of Rulemaking Authority

Mike Broschinsky Administrative Law, Legislation, Rulemaking, Uncategorized

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 …

HB 37 Substituted; Favorable Recommendation from House Committee

Mike Broschinsky Legislation, Uncategorized

On Monday, February 2, 2015, H.B. 37, Reauthorization of Administrative Rules, was heard before the House Business and Labor Standing Committee.  Rep. Oda presented a substitute bill to corrected an error identified in the original bill.  H.B. 37 is now on the House 3rd Reading Calendar. Since at least 1985, the Division of Administrative Rules has assumed the responsibility of …

“Local Ordinance Oversight Amendments” Abandoned by ARRC

Mike Broschinsky Legislation, Uncategorized

Back in October 2014, the Division reported on draft legislation being considered by the Legislature’s Administrative Rules Review Committee (ARRC).  At its December meeting, the Committee changed the name of the bill to “Local Ordinance Oversight Amendments” and separated out technical changes to Section 63G-3-501.  This bill would have expanded the role of the Administrative Rules Review Committee to hear …

Reauthorization of Administrative Rules

Mike Broschinsky Legislation, Uncategorized

At its January 12, 2015, meeting, the Legislature’s Administrative Rules Review Committee approved the “Reauthorization of Administrative Rules” bill for filing.  The bill, now numbered as H.B. 37, does two things: Section 1 of the bill makes technical changes to Section 63G-3-501; and Section 2 of the bill reauthorizes all administrative rules. Section 63G-3-501 creates the administrative rules review committee …

Proposed Changes to the Rulemaking Act

Mike Broschinsky Legislation, Uncategorized

The Legislature’s Administrative Rules Review Committee (ARRC) is considering amendments to the Utah Administrative Rulemaking Act (Title 63G, Chapter 3).  A draft bill, entitled “Administrative Rules Review Committee Authority” (2015FL-0224/002) was discussed at the ARRC meeting held 10/22/2014. The bill: amends Section 63G-3-102, Definitions, adding a definition for “ordinance”; amends Section 63G-3-501, Administrative Rules Review Committee, making technical corrections; and …

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 …

SB 35 (2014), Rules Reauthorization, Passes

Mike Broschinsky Legislation, Uncategorized

With about 2 hours and 20 minutes left in the 2014 General Session, the Utah House of Representatives passed S.B. 35, Administrative Rules Reauthorization.  This year, the bill reauthorizes all administrative rules.  This bill is required by Subsection 63G-3-502(3). More information about the bill is available online at http://le.utah.gov/~2014/bills/static/sb0035.html.  Questions may be referred to Ken Hansen, 801-538-3764.

H.B. 14 (2014) Passes

Mike Broschinsky Legislation, Uncategorized

H.B. 14 (2014), “Administrative Rulemaking Amendments” amending Section 63G-3-305, passed the Senate.  It now goes to the Governor for his signature. More information about H.B. 14 is available on the Legislature’s website at http://le.utah.gov/~2014/bills/static/hb0014.html.  Questions about the bill may be directed to Ken Hansen, 801-538-3764.