Section 63-46a-9 requires each agency to review its rules within five years of each rule’s original enactment or last five-year review, 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, the rules will expire. Reviews may be …
Comment Period is for Receiving Comment
The Utah Administrative Rulemaking Act (UARA) requires an agency to accept public comment on a proposed rule for a period of at least 30 days after the rule is published in the Utah State Bulletin (Bulletin). In addition, the UARA directs that, “each agency shall develop and use flexible approaches in drafting rules that meet the needs of the agency …
Federal E-Rulemaking Update
In an E-mail posted to the E-Rulemaking ListServ (http://www.ksg.harvard.edu/cbg/rpp/erulemaking/) (follow the “ListServ” link) operated by Harvard University, John Moses, deputy director of the E-rulemaking initiative, reports on the status of the new federal-wide electronic docket system. He indicates that the system will be ready for agency beta-testing by late 2004/early 2005, with updates released throughout 2005. He also announces that …
Fall ABA Admin Law Section Conference Program Announced
The Administrative Law and Regulatory Practice Section of the American Bar Association has announced their fall conference agenda. Sessions that might be of interest to Utah regulators include: Valuing Life in Regulation: Science or Policy? Administration and Independence: OPM, ALJs, and the APA Adjudication and Licensing in Interstate Compact Agencies *Rulemaking in the Electronic Age: How Should Agencies Respond?* Recent …
Regulations Worldwide
John H. Martinez, the Director of the Administrative Law Division at the New Mexico Commission of Public Records – State Records Center and Archives, sent the following E-mail that might be of interest to Utah state rulewriters. [T]he Macao Special Administrative District (a former Portuguese colony across the mouth of the Pearl River from Hong Kong) [hosts an interesting web …
Watch that Formatting
– Warning About using Copy and Paste with the eRules Rule Analysis Forms A rule filer called this evening with a problem. Seems someone else in the office prepared a well-written, nicely formatted word processing document in response to the questions asked on the Rule Analysis form. This document used styles, bulleted lists, hard returns, and other formatting. Our rule …
Rules’ Events on Utah.gov Calendar
The Division of Administrative Rules is posting rules-related events on the Utah.gov events calendar. The Rules Calendar can be accessed directly or by visiting the state calendar.
Committee Created to Revise the Model State Administrative Procedure Act
The National Conference of Commissioners on Uniform State Laws (NCCUSL) has created a committee to discuss revisions to the Model State Administrative Procedures Act (MSAPA). Professor John Gedid, professor of law at Widener University in Harrisburg, PA, has been assigned as the committee reporter (chair). On July 18, Professor Gedid spoke to the Administrative Codes and Registers (ACR) summer conference …
“E-Rulemaking: Information Technology and the Regulatory Process” in Admin L Rev
The Spring 2004 issue of Administrative Law Review (Vol. 56, No. 2) includes an article by Cary Coglianese (Irvine Visiting Professor of Law, Stanford Law School; Associate Professor of Public Policy and Chair of the Regulatory Policy Program, KSG, Harvard) entitled “E-Rulemaking: Information Technology and the Regulatory Process.” The article, starting on page 353, reports the results of two E-rulemaking …
Additional Rulemaking Seminars Scheduled
Back on April 8, we told you about rulemaking seminars that had been scheduled for 2004. After the May seminar, we decided that we needed to make some changes to the seminar format. Seminars are now scheduled for: Wednesday, July 21, 2004, 1:00 p.m. to 4:30 p.m. — New Rule Filers’ Seminar; Wednesday, October 20, 2004, 1:30 p.m. to 3:00 …