RulesNews

During the 2007 General Session, the Legislature passed the following bills affecting administrative rules. H.B. 64. “Impact of Administrative Rules on Small Businesses.” (Rep. S. Clark) H.B. 64 changes anticipated cost or savings information an agency is required to provide on the rule analysis when it files a proposed rule, change in proposed rule, or emergency rule. Specifically, agencies must

On 07/01/1987, the Division of Administrative Rules issued Utah’s first administrative code. This event was the culmination of great effort on the part of all regulatory agencies and the Division. That first administrative code, published by Code*Co Law Publishers, contained 1,446 administrative rules. The 1987 edition represented the first time Utah’s administrative rules had been published and indexed. It set

Recently, one of the Division’s editors took a call from a citizen. He said he had called an agency looking for information about a specific requirement. The citizen said he was given a rule number, the name of a publication that had been incorporated by reference in the rule, and told to call the Division of Administrative Rules to find

On March 15, 2007, state agencies submitted 50 rule filings. This is the largest number of filings submitted on one day since August 3, 1999, when agencies submitted 57 filings. March 15, 2007, is the 25th most active filing day the Division has seen since it started tracking this type of information on December 5, 1984 (that is 25th out

The Governor has signed all five bills that address rulemaking issues. They include: H.B. 64. Impact of Administrative Rules on Small Businesses. Effective July 1, 2007; H.B. 327. State Agency Timely Adoption of Administrative Rules. Effective April 30, 2007; S.B. 32. Filing of Administrative Rules, Orders, and Regulations. Effective April 30, 2007; S.B. 122. Administrative Rules Reauthorization. Effective May 1,

1st Substitute S.B. 138 passed during the last hours of the 2007 General Session, thanks to a substitute motion by the House sponsor. S.B. 138, entitled Administrative Rule Criminal and Civil Penalty Amendments, amends sections throughout the Utah Code. In some cases, sections that provided criminal penalties for violating rules were amended to provide for civil penalties. In other instances,

To resolve ambiguity around the meaning of the word “requires” as it is used in the rulemaking act and H.B. 327, the Division has filed an amendment to Rule R15-3. 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 Division has filed

H.B. 327, requiring timely adoption of administrative rules, has passed. It amends Section 63-46a-4 requiring an agency to “initiate rulemaking proceedings no later than 180 days after the effective date of the statutory provision that requires the rulemaking.” If the agency is unable to file the rule by the deadline, it is required to “appear before the legislative Administrative Rules

S.B. 32, amending Section 63-5a-7 to make it consistent with changes made to the Utah Administrative Rulemaking Act in 1987, has passed. It provides that “[a]ll orders, rules, and regulations promulgated by the governor … have the full force and effect of law during the state of emergency, when a copy of the order, rule, or regulation is filed with

The Administrative Rules Review Committee’s annual “Administrative Rules Reauthorization” bill has passed. It reauthorizes all administrative rules except Section R277-437-1, “Definitions” for the “Student Enrollment Options” rule. At the committee’s January 31 meeting, Superintendent Harrington indicated that the rule required revision and that she would move immediately to appoint a committee to prepare changes. The audio for that meeting is