Laws Authorizing or Requiring Administrative Rules

Mike Broschinsky Rulemaking, Uncategorized

Authority for rulemaking may be found in statutes other than the one directly governing a specific program.  The Legislature or federal government has permitted or required rulemaking under several general statutes. Government Records Access and Management Act (GRAMA) The Government Records Access and Management Act, at Subsection 63G-2-204(2)(d), provides: (d)  A governmental entity may make rules in accordance with Title …

Post-Session Follow-up on the Uniform Electronic Transactions Act

Mike Broschinsky Legislation, Rulemaking, Uncategorized

Back on 02/15/2011, we informed readers about S.B. 55 that would have amended the Uniform Electronic Transactions Act (UETA).  S.B. 55 failed to pass. H.B. 235, Technology Technical Amendments, removed a reference to the defunct Utah Technology Commission at Subsection 46-4-501(2). Taking into account the changes made by H.B. 235, UETA Section 46-4-501 provides: (1) A state governmental agency may, …

S.B. 55 Will Require Rulemaking for Electronic Signatures

Mike Broschinsky Legislation, Uncategorized

As amended, S.B. 55, Electronic Signatures, beginning on line 39, provides: state governmental agency may not accept an electronic signature unless the state governmental agency makes a rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, identifying: (i) the type of documents, transactions, or other filings that will be accepted with an electronic signature affixed; and (ii) …

Uniform Electronic Transactions Act and Rulemaking

Mike Broschinsky Rulemaking, Uncategorized

On 06/22/2010, the Utah Supreme Court reminded state agencies about the rulemaking requirements found in Section 46-4-501.  In Anderson v. Bell, the Court said: The rulemaking requirement is critical; the statute does not authorize government agencies to make informal decisions on what type of transactions cannot be supported by electronic signatures outside of the rulemaking process of Title 63G. Anderson …