Deadlines for Rules Specifically Required by 2012 Legislation

Mike Broschinsky Agency Deadlines, Rulemaking, Uncategorized

Of the 477 bills and resolutions passed during the 2012 General Session, 428 bills have or will become law.  The Utah Administrative Rulemaking Act, at Section 63G-3-302(13), requires agencies to file administrative rules mandated by legislation within 180 days of the bill’s effective date. On 05/08/2012, 331 bills took effect. For these bills, if the Legislature specifically required administrative rulemaking, …

Minor Changes to Division’s Home Page

Mike Broschinsky Public News, Rulemaking, Uncategorized

On June 15, 2012, the Division of Administrative Rules made minor changes to its home page.  Based on feedback, the Division added links that allow agencies to quickly access frequently used resources directly from the home page. The Division welcomes feedback about its web site.  Please direct recommendations to Ken Hansen (801-538-3777).

Legislative Fiscal Analyst Uses Rule Analysis in Fiscal Note Follow-up

Mike Broschinsky Oversight and Review, Rulemaking, Uncategorized

When an agency files a Notice of Proposed Rule, it includes, as part of the rule analysis, information about: the anticipated cost or savings to:  (i)  the state budget; (ii)  local governments; (iii)  small businesses; and (iv)  persons other than small businesses, businesses, or local governmental entities; (e)  the compliance cost for affected persons; … and (l)  comments by the …

Rulemaking Time Frames Updated

Mike Broschinsky Agency Deadlines, Rulemaking, Uncategorized

The Division of Administrative Rules has updated the Rulemaking Time Frames table.  This reference table provides agencies with quick access to the Utah State Bulletin publication schedule and related filing and public comment dates.  The Rulemaking Time Frames table is available online from the Agency Resources page or directly at http://www.rules.utah.gov/agencyresources/timeframes.htm.  A printable (PDF) version is also available at http://www.rules.utah.gov/agencyresources/2011RulemakingTimeFrames.pdf.  …

Division Considers Changes to Incorporation by Reference Rule

Mike Broschinsky Rulemaking, Uncategorized

The Utah Administrative Rulemaking Act permits an agency to incorporate materials by reference into its administrative rules.  When an agency incorporates materials by reference, the statute also requires that the agency provide the Division of Administrative Rules with a copy of the material incorporated. For years, the Division has directed agencies to provide the Division a paper copy of materials …

Post-Session Follow-up on the Uniform Electronic Transactions Act

Mike Broschinsky Legislation, Rulemaking, Uncategorized

Back on 02/15/2011, we informed readers about S.B. 55 that would have amended the Uniform Electronic Transactions Act (UETA).  S.B. 55 failed to pass. H.B. 235, Technology Technical Amendments, removed a reference to the defunct Utah Technology Commission at Subsection 46-4-501(2). Taking into account the changes made by H.B. 235, UETA Section 46-4-501 provides: (1) A state governmental agency may, …

2011 Rulemaking Training Scheduled

Mike Broschinsky eRules helps, Rulemaking, Training, Uncategorized

The Division of Administrative Rules has scheduled rulemaking training sessions for 2011.  This training will be offered on the following dates: March 22, 2011; June 21, 2011; September 13, 2011; and November 22, 2011. Morning sessions — 9 to noon — will introduce new rulewriters to the rulemaking process, but will also be a useful review for more experienced rulewriters.  …

Uniform Electronic Transactions Act and Rulemaking

Mike Broschinsky Rulemaking, Uncategorized

On 06/22/2010, the Utah Supreme Court reminded state agencies about the rulemaking requirements found in Section 46-4-501.  In Anderson v. Bell, the Court said: The rulemaking requirement is critical; the statute does not authorize government agencies to make informal decisions on what type of transactions cannot be supported by electronic signatures outside of the rulemaking process of Title 63G. Anderson …

More on Incorporation by Reference

Mike Broschinsky Rulemaking, Uncategorized

In 1983, the Federal District Court for the District of Utah addressed, as one of its issues, something related to the open-ended incorporation by reference issue discussed earlier.  In Utah League of Insured Savings Associations v. Utah (555 F.Supp. 664 (D.Utah, 1983)) the court considered instances where  the legislature makes another document the law of the state when it does …