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 …

Considering Nonsubstantive Changes

Mike Broschinsky Rulemaking, Uncategorized

After a decision has been made to change a rule, one of the first questions a rulewriter should ask is, “Is this change substantive or nonsubstantive?” A nonsubstantive change differs from a substantive change in the following ways: a nonsubstantive change is not published in the Utah State Bulletin; a nonsubstantive change is not subject to a comment period; and …

Laws Authorizing or Requiring Administrative Rules

Mike Broschinsky Rulemaking, Uncategorized

Authority for rulemaking may be found in statutes other than the one directly governing a specific program.  The Legislature or federal government has permitted or required rulemaking under several general statutes. Government Records Access and Management Act (GRAMA) The Government Records Access and Management Act, at Subsection 63G-2-204(2)(d), provides: (d)  A governmental entity may make rules in accordance with Title …

2014 Rulemaking Legislation

Mike Broschinsky Administrative Law, Legislation, Public News, Rulemaking, Uncategorized

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”

Mike Broschinsky Administrative Law, Legislation, Public News, Rulemaking, Uncategorized

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

Mike Broschinsky Administrative Law, Legislation, Public News, Rulemaking, Uncategorized

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 …

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; …

The Good, the Bad, and the Ugly of Administrative Rules

Mike Broschinsky Administrative Law, Other News, Public News, Rulemaking, Uncategorized

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 …

Legislation Requiring Rulemaking

Mike Broschinsky Agency Deadlines, Rulemaking, Uncategorized

Earlier this summer, the Division of Administrative Rules reminded agencies that if the Legislature specifically required administrative rulemaking as part of one of the bills that passed during the General Session, the agency is required to initiate rulemaking (file the rule with the Division) within 180 days of the bills effective date.  For most bills, effective 05/08/2012, that deadline is …