RulesNews

The 12th edition of the “Rulewriting Manual for Utah” is available online. You may browse the HTML version at http://www.rules.utah.gov/agencyresources/manual-rw/index.html. You may download and print the PDF version from http://www.rules.utah.gov/agencyresources/manual-rulewriter.pdf. This version of the rulewriting manual is geared toward the rulewriter. As such, it contains only the style guide and material dealing with the practical aspects of the process (e.g.,

The Division has posted an updated copy of the Rulemaking Time Frames on its website at http://www.rules.utah.gov/agencyresources/timeframes.htm. This revised version changes dates to accommodate the new requirements of H.B. 316 that becomes effective on May 1, 2006. A printable (PDF) version is also available at http://www.rules.utah.gov/agencyresources/deadln.pdf.

H.B. 316, “Administrative Rules Procedure Amendments,” provided no implementation guidance. After discussing the issue with counsel, the Division of Administrative Rules has decided to file an emergency rule to clarify how the bill will affect proposed rules filed for publication, and to bring Rule R15-4 into compliance with the bill’s provisions. In summary, the emergency rule (File No. 28586), effective

During the 2006 General Session, the Legislature passed the following bills affecting administrative rules. S.B. 26. “Administrative Rules Reauthorization” (Sen. H. Stephenson) The Reauthorization bill is the Administrative Rules Review Committee’s annual bill required by Section 63-46a-11.5. S.B. 26 reauthorized all rules. The Governor signed S.B. 26 on March 10, 2006. S.B. 26 (UT L 2006 ch 25) goes into

From 12th on the list and second from consideration on the Senate 2nd reading calendar, 1st Substitute H.B. 317 was sifted to 46th on the calendar. This action, part of a motion by Sen. Mike Waddoups at approximately 4:05 p.m., virtually assures 1st Substitute H.B. 317 will not pass. 1st Substitute H.B. 317, an Administrative Rules Review Committee bill, modified

S.B. 158, one of five Administrative Rules Review Committee (ARRC) bills, passed the House on February 16, 2006. This bill restores explicit rulewriting authority to the Governor’s Office of Economic Development (GOED) and the Department of Administrative Services (DAS). Last year, legislative staff drafted H.B. 318 (2004) to exclude rulemaking authority. After a year, the ARRC recognized that GOED was

On February 14, 2006, H.B. 316, Administrative Rules Procedure Amendments, was discussed on the House 3rd Reading Calendar. Rep. Ure, sponsor of the bill, moved two amendments approved by the house. First, line 92 was amended to replaced “five business” with “seven calendar” days. This amendment reduces the fiscal impact of the bill on the Division of Administrative Rules. Programmers

On February 14, 2006, the Fiscal Analyst’s office distributed a copy of 1st Sub. H.B. 317, Administrative Rule Criminal Penalty Amendments. This substitute, not yet introduced, makes additional changes to the following statutory sections beyond those that appeared in the original bill: Sections 4-38-7 (Agriculture), 40-6-12 (Oil, Gas and Mining), 40-8-9 (Oil, Gas and Mining), 41-2-210 (Tax), 41-3-701 (Tax), 51-7-22.4

On January 27, the House Rules Committee placed S.B. 26, “Administrative Rules Reauthorization” (Sen. H. Stephenson), on the third reading calendar. On February 1, the House passed S.B. 26. The bill now awaits enrollment and the Governor’s signature. The Reauthorization bill is the Administrative Rules Review Committee’s annual bill required by Section 63-46a-11.5. S.B. 26, as passed, reauthorize all rules.

This bill, an Administrative Rules Review Committee bill, addresses the criminal penalties issues. These were discussed at the committee’s July 11, November 4, and 22, 2005, and January 13, 2006, meetings. Several agencies submitted alternative language that satisfied the committee’s concerns. This bill proposes to make those changes to the respective statutes. The bill affects the following statutory sections: 4-38-7,