RulesNews

In 2001, the Legislature passed Rep. Ralph Becker’s H.B. 132 that created Title 63, Chapter 46c, Governmental Dispute Resolution Act. In 2002, the state of Utah received a grant from the Hewlett Foundation to assist in establishing alternative dispute resolution (ADR) as the first step in resolving conflict in agencies of government. In the spring of 2003, Governor Leavitt issued

On January 1, 2005, the Division plans to remove duplicate formats of older versions of rules publications from its web site. This change will affect the HTML version of rule filings from 2003 and the compressed Word versions of the Bulletin from 2004. The PDF versions of all Utah State Bulletin issues from January 1, 1998, through the present will

Access to eRules is restricted to individuals whose name and identifying information have been provided by rule filing agencies to the Division. With the transitions that will occur during the next several months, we ask that each agency notify the Division of Administrative Rules (rules@utah.gov) of staffing changes that affect those involved in the rulemaking process. These include executive directors,

The American Bar Association is holding its mid-year meeting in Salt Lake City, February 9 through 15, 2005. The Administrative Law and Regulatory Practice Section (http://www.abanet.org/adminlaw/) is planning a set of sessions to be held February 11 through 13 that focus on administrative law issues, including: Clean Air Initiatives in the 109th Congress The New Wave of Regulation and Administrative

Our list of eRules enhancements includes, among other things, the addition of a spell-checker. It will still be some time before this functionality can be added to eRules. However, we do have some information that might make completing a rule analysis a bit easier. Individuals using Mozilla 1.7 or Firefox 1.0 as their web browser can download an extension/plug-in called

Legislation for the 2005 general session is beginning to appear. As of December 10, 2004, the Division is aware of two bills affecting administrative rules generally. Rep. Ure will sponsor the “Administrative Rules Reauthorization” bill for the Administrative Rules Review Committee (ARRC). As of its November 30, 2004, meeting, the ARRC has not identified any rules it intends not to

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

We expect a great deal from government; fundamentally we expect it to be fair. To ensure fairness, the Legislature imposes procedures on government agencies including, for example, the Government Records Access and Management Act, the Utah Administrative Procedures Act, the Open and Public Meetings Act, the Utah Procurement Code, and the Utah Administrative Rulemaking Act. In today’s complex world, with

What is the scope of the Division of Administrative Rules’ review of rule filings? The Utah Administrative Rulemaking Act (UARA) confers a number of responsibilities on the Division. However, a substantive legal review of rules is not one of them. The Division is required to “provide agencies assistance in rulemaking” and “administer [the UARA] and require state agencies to comply

On Monday, October 18, ITS upgraded the security software on which eRules relies. As part of that change, the address for direct access to eRules changed. The new address is http://filings.rules.utah.gov/MainRuleFilingPage.asp . The Division asks that agency rule filers access eRules as soon as possible to verify that they can log into the system. Make certain that you use the