Rules Still Refer to Title 63 and Title 78

Mike Broschinsky Rulemaking, Uncategorized

H.B. 63 (2008) and H.B. 11 (2009) recodified the statutes that formerly appeared under Title 63. H.B. 78 (2008) recodified the statutes that formerly appeared under Title 78. Each agency is responsible for correcting its rules that reference these statutes. An agency may file a nonsubstantive change to correct each rule affected. Based on the rules in effect on January …

Deadlines for Rules Specifically Required by 2010 Legislation

Mike Broschinsky Rulemaking, Uncategorized

Under the provisions of Subsection 63G-3-301(13), when a bill passes that specifically mandates rulemaking (e.g., “agency shall write rules”), the affected agency is required to initiate rulemaking within 180-days of the bill’s effective date. In other words: For bills effective 05/11/2010, corresponding rules must be filed with the Division of Administrative Rules by 11/07/2010. For bills effective 07/01/2010, corresponding rules …

eRules v. 2 is Live!

Mike Broschinsky eRules, Rulemaking, Uncategorized

eRules is the application that state agencies in Utah use to file administrative rules with the Division of Administrative Rules.  The new version of eRules went live on July 16, 2009, replacing the original application that has been in operation since September 2001.  Rule filers may access the new system by going to http://erules.rules.utah.gov/. eRules v. 2 functions much like …

Legislation Potentially Affecting Administrative Rulemaking: A Summary

Mike Broschinsky Legislation, Rulemaking, Uncategorized

During the 2009 General Session, the Legislature is considering the following bills that potentially affect rulemaking. H.B. 32.  Amendments to Agency Rulemaking Regarding Criminal Penalties.  Rep. B. Ferry. After almost four years and four other bills (H.B. 317 (2006), S.B. 138 (2007), H.B. 57 (2008) and H.B. 80 (2008)), H.B. 32 concludes the Administrative Rules Review Committee’s effort to amend …

2009 Rulemaking Training Schedule

Mike Broschinsky Rulemaking, Training, Uncategorized

The Division of Administrative Rules has scheduled training for agency rulefilers for 2009. These sessions will focus on the rulemaking process. Morning sessions — 9 to noon — will focus on completing the rule analysis form and five-year review form. Afternoon sessions — 1:30 to 3:30 pm — will focus on preparing rule text. This training will be offered on …

Committee Approves Changes to Rulemaking Act

Mike Broschinsky Legislation, Oversight and Review, Rulemaking, Uncategorized

At the November 17, 2008, Administrative Rules Review Committee meeting, the committee approved the following amendment to the Rulemaking Act. (13) (a)  As used in this Subsection (13), “initiate rulemaking proceedings” means the filing, for the purposes of publication in accordance with Subsection (4), of an agency’s proposed rule that is required by state statute. (b)  A state agency shall …

Rules Due for Review Before the End of 2008

Mike Broschinsky Agency Deadlines, Rulemaking, Uncategorized

Section 63G-3-305 requires each agency to review its rules within five years of each rule’s original enactment, and then within five-year intervals. To comply with the review requirement, the agency must submit a “Five-Year Notice of Review and Statement of Continuation” for each of its rules listed below. Otherwise, unreviewed rules will expire, become unenforceable, and will be removed from …

Deadlines for Explicitly Mandated Rules

Mike Broschinsky Agency Deadlines, Rulemaking, Uncategorized

This year, the deadline for agencies to initiate rulemaking explicitly mandated by a bill that went into effect on May 5, 2008, is November 1, 2008.  The deadline for agencies to initiate rulemaking explicitly mandated by a bill that went into effect on July 1, 2008, is December 28, 2008. (Utah Code Subsection 63G-3-301(13); Utah Administrative Code Section R15-3-5) Subsection …

Rules Due for Review in 2008

Mike Broschinsky Agency Deadlines, Rulemaking, Uncategorized

Section 63-46a-9 requires each agency to review its rules within five years of each rule’s original enactment, and then within five-year intervals. To comply with the review requirement, the agency must submit a “Five-Year Notice of Review and Statement of Continuation” for each of its rules listed below. Otherwise, unreviewed rules will expire, become unenforceable, and will be removed from …