Legislation Potentially Affecting Administrative Rulemaking: A Summary

Mike Broschinsky Legislation, Rulemaking, Uncategorized

During the 2009 General Session, the Legislature is considering the following bills that potentially affect rulemaking. H.B. 32.  Amendments to Agency Rulemaking Regarding Criminal Penalties.  Rep. B. Ferry. After almost four years and four other bills (H.B. 317 (2006), S.B. 138 (2007), H.B. 57 (2008) and H.B. 80 (2008)), H.B. 32 concludes the Administrative Rules Review Committee’s effort to amend …

H.B. 32 Passed; Amends Subsection 63G-3-201(5)

Mike Broschinsky Administrative Law, Legislation, Uncategorized

H.B. 32 — amending provisions of statute in the Commerce, Health, Insurance, and Natural Resources titles of the code that provided a criminal penalty for violating rules — has passed.  Prior to passage, H.B. 32 was amended to include changes to Subsection 63G-3-201(5) of the Rulemaking Act. Subsection (5) formerly required that, “[a] rule shall enumerate any penalty authorized by …

H.B. 32, Amendments to Agency Rulemaking Regarding Criminal Penalties

Mike Broschinsky Legislation, Uncategorized

Rep. Ben Ferry is sponsoring H.B. 32, Amendments to Agency Rulemaking Regarding Criminal Penalties.  After almost four years and four other bills (H.B. 317 (2006), S.B. 138 (2007), H.B. 57 and H.B. 80 (2008)), H.B. 32 concludes the Administrative Rules Review Committee’s effort to amend provisions in statute that apply a criminal penalty for violation of a rule. H.B. 32 …