In 2005, the Administrative Rules Review Committee looked at statutes that authorized criminal penalties for violating a rule. Back then, the Committee decided that to tackle the issue in two parts. With input from agencies, the Committee identified those provisions for which the criminal penalties could be eliminated without creating major concern or disruption. This bill finally passed during the 2007 General Session (see “Legislation Which Affects Rulemaking” in this newsletter).
At its 06/12/2007 meeting, the Administrative Rules Review Committee voted to take a different approach with the remaining provisions. With a unanimous motion, the Committee directed its chairs to send a letter to the appropriate interim committee chairs. The letter will express concern for statutory provisions that impose a criminal penalty, especially those that provide for a felony, for violating a rule.
Below is a list of statutes with which the committee still has concerns.
Title 19, Environmental Quality Code
Sections 19-1-303, 19-2-115, 19-3-110, 19-4-109, 19-5-115, and 19-6-113.
Title 23, Wildlife Resources Code of Utah
Sections 23-13-11, and 23-25-3.
Title 26, Health Code
Sections 26-21-6, 26-23-6, and 26-39-107.
Title 31A, Insurance Code
Section 31A-2-308.
Title 34, Labor in General
Section 34-23-402.
Title 34A, Labor Code
Section 34A-6-307.
Title 54, Public Utilities
Sections 54-7-26, and 54-7-28.
Title 61, Securities Division – Real Estate Division
Section 61-1-21
Title 63, State Affairs in General
Section 63-11-17.3
Title 72, Transportation Code
Sections 72-7-211, 2-7-302, 72-7-402, 72-7-407, 72-7-409, 72-9-701, and 72-10-120.
Title 73, Water and Irrigation
Sections 63-18-21, 73-18a-14, and 73-18b-3.