RulesNews

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

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

The Division of Fleet Operations graciously permits the Division of Administrative Rules to use its fax machine.  The number for that fax machine has changed.  The new fax number is 801-359-0759. When sending information to the Division of Administrative Rules by fax, please include a cover page that clearly indicates that the fax is intended for Administrative Rules.

The Utah Administrative Code, the body of all effective rules as compiled and organized by the Division of Administrative Rules, is current through February 1, 2010.  The Division posted this update on its website on February 24, 2010. The administrative code is “an authorized compilation of the administrative law of Utah”. (Section 63G-3-701)  The Division maintains “the official compilation of

An “internal service fund agency” is defined as “an agency that provides goods or services to other agencies of state government or to other governmental units on a capital maintenance and cost reimbursement basis, and which recovers costs through interagency billings.” (Section 63J-1-410) H.B. 402, sponsored by Rep. S. Clark, authorizes the Department of Administrative Services (DAS) to operate all

On 02/11/2010, the Senate Rules Committee substituted S.B. 31, Administrative Rules Reauthorization.  The substitute bill adds an effective date section to the bill.  Section 2 provides, “If approved by two-thirds of all the members elected to each house, this bill takes effect May 1, 2010.”  This language is necessary because Section 63G-3-502 provides that “every agency rule that is in

S.B. 31, entitled “Administrative Rules Reauthorization”, has been introduced, and is currently assigned to the Senate Rules Committee.  S.B. 31 is the legislation required annually by Subsection 63G-3-502(3).  The bill is sponsored by Sen. Howard Stephenson, and carries a recommendation from the Legislature’s Administrative Rules Review Committee. As introduced, the bill reauthorizes all administrative rules except Rule R495-888, entitled “Department

At its 01/11/2010 meeting, Utah’s Administrative Rules Review Committee approved the annual “Administrative Rules Reauthorization” bill for filing.  The bill reauthorizes all administrative rules except Rule R495-888 entitled, “Department of Human Services Related Parties Conflict Investigation Procedure.” The committee chair asked staff to hold the bill until Education has addressed the issue discussed at its 12/21/2009 meeting regarding Section R277-470-15

Utah’s Administrative Rules Review Committee has scheduled its next meeting for January 11, 2010.  The agenda indicates that the committee will: continue its discussion about the use of the phrase “liberally construed” in statutes and rules; take up two pieces of legislation:  a bill by Rep. Lockhart entitled, “Department of Human Services – Review and Oversight”; and the committee’s annual

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