RulesNews

If you are getting ready to file a rule, stop and look at the size of the file. If the rule text is more than 60 kilobytes or about four pages, please follow these simple instructions or call Administrative Rules (801-538-3218) before you attempt to attach the text to your filing. Thanks!

If you feel like you are responding to correction notices every time you file a rule, you may want to take a couple of hours for a rulemaking refresher. The Division of Administrative Rules has scheduled rulemaking training on Wednesday, November 14. Staff will focus the morning session (9 a.m. to noon) on completing rule forms. The afternoon session (1:30

The Legislature’s Administrative Rules Review Committee (ARRC) met on October 23. Toward the end of the meeting (2:21:00 on the audio recording of the meeting), Rep. Ben Ferry announced that he had opened a bill file to address the criminal penalties issue. For background, see “Statutes Imposing a Criminal Penalty for Violating a Rule, Part II”. The ARRC’s efforts to

The five-year review process required by the rulemaking act is intended as a way to ensure that only current rules appear in the administrative code. Each agency is required to review each of its rules at least once every five years. The agency has the option of reviewing rules on a more frequent basis. More frequent reviews make sense for

In general, Utah’s rulemaking statute does not require an agency to schedule a hearing when it files a proposed rule. However, Section 63-46a-5 provides that: (2) Each agency shall hold a public hearing on a proposed rule, amendment to a rule, or repeal of a rule if: (a) a public hearing is required by state or federal mandate; (b) (i)

A draft version of the bill that will recodify Title 63 is now available. It was presented to the Government Operations Interim Committee on October 17. The bill text is available at http://le.utah.gov/interim/2007/html/00001745.htm. Do not plan to print this bill. It is 3,097 pages long — over 6 reams of paper. Audio of the committee presentation is available at http://le.utah.gov/ASP/Interim/Commit.asp?Year=2007&Com=INTGOC.

For many years, the state of Utah has had a contract (currently Contract AR-997) with LexisNexis Matthew Bender & Company, Inc. to provide integrated legal databases for state government. The Division of Administrative Rules pays for state executive branch access to this contract. In return, executive branch agencies have free access to a CD subscription or an online product that

The Division of Administrative Rules is pleased to announce the addition of file authentication to its website. In March 2007, the American Association of Law Libraries (AALL) issued a 254-page report that analyzes the “trustworthiness” of state-level primary legal resources on the Web. “The comprehensive report examines the results of a state survey that investigated whether government-hosted legal resources on

H.B. 327 (2007) established a new rulemaking deadline. Now, an agency has 180 days from the effective date of legislation to file a rule that is explicitly mandated by the legislation. For legislation effective 04/30/2007, mandated rules must be filed by 10/27/2007. For legislation effective 07/01/2007, mandated rules must be filed by 12/28/2007. If the agency cannot meet the deadline,

The Legislature is planning to recodify Title 63, State Affairs in General, during the 2008 General Session. The recodification will have an associated impact on the rules from almost every department. An analysis of the administrative rules in effect on 05/01/2007 shows that agencies will have to change 1,261 references to Title 63 that currently appear in rule. With the