RulesNews

At its July 18 meeting, the Government Operations Interim Committee discussed recodification of Utah Code Title 63. Title 63, State Affairs in General, is the title that contains the Utah Administrative Rulemaking Act, the Administrative Procedures Act, and the Government Records Access and Management Act, to name a few. The proposal calls for these chapters to be moved to a

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

Please send e-mails regarding rules to rules “at” utah.gov (or “Administrative Rules” in the GroupWise address book). Staff constantly monitors this mailbox. Sending rules-related e-mail to the Administrative Rules mailbox will prevent delays that may occur if a staff member is out of the office for an extended period. Thanks!

Question: Who checks the statutory citations in your rules? Answer: You (the agency rule filer) do. While staff at the Division of Administrative Rules checks that you have provided references to the statute, we do not verify that you have provided the correct citation.

Stop! Read this! Rule text that is over 60 kilobytes (roughly four pages) in size has a high probability of crashing eRules. Check the size of the file (you can do this by navigating to the file using My Computer in Windows, selecting it, and viewing the file details). For large text, follow this procedure: 1) create a file containing

In 2005, the Administrative Rules Review Committee looked at statutes that authorized criminal penalties for violating a rule. Back then, the Committee decided that to tackle the issue in two parts. With input from agencies, the Committee identified those provisions for which the criminal penalties could be eliminated without creating major concern or disruption. This bill finally passed during the

Finally, eRules is being reprogrammed. The Legislature appropriated one-time funding to update the application agencies use to file rules, and that the division uses to publish rules. The eRules application went online 09/01/2001. For some time now, it has been showing its age (but haven’t we all?). Employees from the Department of Technology Services are doing the development work for

Because of the changes made by H.B. 327, agencies must now pay close attention to the effective dates of legislation requiring rulemaking. For legislation effective 04/30/2007 that explicitly mandates rulemaking, agencies must file the implementing rules by 10/27/2007. If an agency is unable to make this deadline, it must then appear before the legislative Administrative Rules Review Committee to explain

To resolve ambiguity around the meaning of the word “requires” as it is used in the rulemaking act and H.B. 327, the Division amended Section R15-3-5. This amendment states: For the purposes of Subsection 63-46a-4(11), the phrase “statutory provision that requires the rulemaking” means a state statutory provision that explicitly mandates rulemaking. The amendment was published in the 03/15/2007, issue

H.B. 64 changes the rule analysis questions to which agencies respond regarding costs. As part of the eRules reprogramming effort, the new questions will be fully integrated into the system. However, the new version is not yet ready for prime time (or day time, or any time just yet). To implement H.B. 64’s intent by the bill’s effective date, the