DIRECTIONS PLEASE: If someone else in your agency should receive RULESNEWS, please contact Sophia Manousakis (801-538-3764).
The 55th Legislature's 2003 General Session ended on March 5, 2003. During the session, two bills passed that affect administrative rules in general.
This is the Administrative Rules Review Committee's annual bill required by Section 63-46a-11.5. The bill ". . . reauthorizes all state agency administrative rules."
The Governor signed the bill on March 15, 2003. It is effective May 1, 2003. A copy of the enrolled bill is available online at: http://www.le.utah.gov/~2003/htmdoc/hbillhtm/HB0045.htm
The Legislature's Administrative Rules Review Committee recommended this bill. The committee's intent is to clarify the rulemaking process. The bill clarifies that if an agency document (policy, bulletin, guideline, standard, etc.) meets the definition of a rule, it is a rule. However, only a rule that has been promulgated in accordance with the process required in the Rulemaking Act is enforceable.
S.B. 30 changes the Rulemaking Act in several ways. It deletes the definition of "policy". It modifies the definition of "rule" and modifies exclusions. It adds Section 63-46a-3.5: "An agency's written statement is a rule if it conforms to a definition of a rule under Section 63-46a-2, but the written statement is not enforceable unless it is made as a rule in accordance with the requirements of this chapter."
The Governor signed S.B. 30 on March 19, 2003. The bill is effective May 5, 2003. A copy of the enrolled bill is available online at: http://www.le.utah.gov/~2003/htmdoc/sbillhtm/SB0030.htm
Questions about this legislation may be directed to Ken Hansen, Director, Division of Administrative Rules, 4120 State Office Building, Salt Lake City, UT 84114-1201, phone: 801-538-3777, FAX: 801-538-1773.
The Division of Administrative Rules has scheduled a meeting to discuss the implications of S.B. 30 for state agencies. With the passage of S.B. 30, each agency should take a careful look at the documents it uses to carry out its programs. A panel will briefly discuss aspects of S.B. 30, and agency responses to S.B. 30. Then the meeting will be opened to questions and answers. The panel includes:
Join us:
Seating is LIMITED. Please reserve your seat by contacting Sophia Manousakis at 801-538-3764. In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for this meeting should notify Ms. Manousakis at least three working days in advance of the meeting.
The Rulemaking Process Seminar is intended to give state employees involved in the rulemaking process basic information they need to make the process work for them. However, anyone interested in learning more about how the process works is welcome. The seminars are scheduled:
The topics to be covered include:
The costs or savings topic is of particular importance, and has been the subject of a number of questions fielded by the Division's staff. Incomplete responses to the cost questions regularly cause the Division to delay the processing of administrative rules submissions. By discussing these issues, we hope to eliminate any delays, and thus ensure that you can make your rules effective on schedule.
Those wishing to attend must RSVP to Sophia Manousakis at 801-538-3764 two days prior to the date of the seminar. In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for these meetings should notify Ms. Manousakis at least three working days in advance of the meeting.
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 filed ANY TIME prior to the deadline.
With the advent of eRules, when a FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION is filed, the text of the rule must be attached. Please contact Mike Broschinsky (801-538-3003) to obtain a current version of your rule.
The Division sends quarterly E-mail notices to agencies of rules due for review. As advance notice, a list of the rules due for review during 2003, as of April 8, 2003, is included below.
R13. Administration.
R13-1. 09/11/03
R25. Finance.
R25-5. 10/30/03
R25-6. 10/30/03
R25-7. 10/30/03
R25-8. 10/30/03
R28. Fleet Operations, Surplus Property.
R28-3. 11/17/03
R33. Purchasing and General Services
R33-6. 10/05/03
R33-7. 10/05/03
R33-9. 10/05/03
R65. Marketing and Conservation.
R65-2. 10/05/03
R65-5. 10/05/03
R68. Plant Industry.
R68-5. 10/05/03
R68-9. 10/05/03
R68-14. 10/05/03
R68-16. 09/11/03
R68-17. 09/11/03
R137. Administration.
R137-2. 07/01/03
R152. Consumer Protection.
R152-30. 12/20/03
R154. Corporations and Commercial Code.
R154-100. 11/10/03
R156. Occupational and Professional Licensing.
R156-31b. 07/01/03
R156-49. 10/19/03
R156-53. 07/23/03
R156-68. 07/23/03
R277. Administration.
R277-104. 06/04/03
R277-106. 10/05/03
R277-436. 06/04/03
R277-460. 09/01/03
R277-470. 11/03/03
R277-508. 07/11/03
R307. Air Quality.
R307-101. 09/15/03
R307-102. 09/15/03
R307-107. 09/15/03
R307-165. 09/15/03
R307-201. 09/15/03
R307-202. 09/15/03
R307-203. 09/15/03
R307-206. 09/15/03
R307-222. 11/25/03
R307-302. 09/15/03
R307-305. 09/15/03
R307-307. 09/15/03
R307-325. 09/15/03
R307-326. 09/15/03
R307-327. 09/15/03
R307-328. 09/15/03
R307-332. 09/15/03
R307-335. 09/15/03
R307-340. 09/15/03
R307-341. 09/15/03
R307-401. 09/15/03
R307-403. 09/15/03
R307-405. 09/15/03
R307-406. 09/15/03
R307-410. 09/15/03
R307-413. 08/13/03
R307-414. 09/15/03
R307-840. 08/13/03
R309. Drinking Water.
R309-352. 06/19/03
R309-710. 06/15/03
R317. Water Quality.
R317-101. 09/17/03
R331. Administration.
R331-20. 09/03/03
R331-21. 09/16/03
R331-24. 09/10/03
R382. Children's Health Insurance Program.
R382-1. 07/14/03
R382-10. 07/14/03
R396. Community and Family Health Services, Immunization.
R396-100. 08/12/03
R398. Community and Family Health Services, Children with Special Health Care Needs.
R398-2. 09/11/03
R414. Health Care Financing, Coverage and Reimbursement and Policy.
R414-51. 06/01/03
R414-52. 06/22/03
R414-53. 06/22/03
R414-55. 12/02/03
R430. Health Systems Improvement, Child Care Licensing.
R430-4. 08/20/03
R430-50. 08/20/03
R430-60. 09/10/03
R430-90. 08/20/03
R432. Health Systems Improvement, Licensing.
R432-35. 08/28/03
R501. Administration, Administrative Services, Licensing.
R501-18. 06/16/03
R512. Child and Family Services.
R512-3. 11/05/03
R512-25. 09/15/03
R525. Mental Health, State Hospital.
R525-1. 05/25/03
R525-2. 05/25/03
R525-3. 05/25/03
R525-4. 05/25/03
R525-5. 05/25/03
R525-6. 08/15/03
R525-7. 05/25/03
R527. Recovery Services
R527-301. 09/03/03
R590. Administration.
R590-94. 06/02/03
R590-154. 06/10/03
R590-161. 12/01/03
R590-162. 12/01/03
R590-163. 12/01/03
R590-186. 09/25/03
R590-187. 09/25/03
R600. Administration.
R600-1. 06/15/03
R612. Industrial Accidents.
R612-2. 06/15/03
R612-3. 06/15/03
R612-5. 06/15/03
R612-7. 07/06/03
R616. Safety.
R616-1. 11/13/03
R622. Administration.
R622-1. 10/19/03
R642. Oil, Gas and Mining; Administration.
R642-200. 12/17/03
R645. Oil, Gas and Mining; Coal
R645-102. 07/27/03
R647. Oil, Gas and Mining; Non-Coal.
R647-1. 07/27/03
R647-2. 07/27/03
R647-3. 07/27/03
R647-4. 07/27/03
R647-5. 07/27/03
R651. Parks and Recreation.
R651-227. 12/01/03
R652. Forestry, Fire and State Lands.
R652-7. 10/02/03
R652-110. 10/13/03
R655. Water Rights.
R655-5. 05/18/03
R657. Wildlife Resources.
R657-34. 10/01/03
R657-45. 08/19/03
R671. Administration.
R671-312. 09/15/03
R686. Administration.
R686-101. 08/15/03
R686-102. 08/15/03
R722. Criminal Investigations and Technical Services, Criminal Identification.
R722-900. 12/16/03
R728. Peace Officer Standards and Training.
R728-501. 10/14/03
R728-502. 07/02/03
R728-504. 07/02/03
R728-505. 06/02/03
R746. Administration.
R746-110. 06/26/03
R746-210. 06/26/03
R746-240. 06/26/03
R746-340. 06/26/03
R746-344. 08/11/03
R746-345. 08/11/03
R746-360. 11/25/03
R746-404. 08/11/03
R746-406. 08/11/03
R746-500. 08/05/03
R746-600. 09/15/03
R765. Administration.
R765-605. 07/02/03
R805. University of Utah, Administration.
R805-2. 06/17/03
R850. Administration.
R850-110. 12/16/03
R907. Administration.
R907-40. 11/10/03
R920. Operations, Traffic and Safety.
R920-7. 12/02/03
R982. Administration.
R982-401. 06/29/03
R982-501. 06/29/03
R994. Workforce Information and Payment Services.
R994-201. 05/29/03
R994-202. 05/29/03
R994-208. 05/29/03
R994-306. 06/12/03
R994-307. 06/12/03
R994-315. 06/25/03
R994-508. 06/12/03
R994-600. 05/29/03
Check your E-mail. The Division sends correction requests to rule filers using E-mail. If you plan to be out of the office for any period of time after you file a rule, please call Nancy Lancaster (801-538-3218) and give her the name of an alternative contact.
Check your E-mail after you file! You MUST RECEIVE A CONFIRMATION E-MAIL message. If you do not receive an E-mail within 15 minutes, contact Nancy Lancaster (801-538-3218).
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The Department of Administrative Services, Division of Administrative Rules, publishes RULESNEWS periodically for state rulewriting agencies. Kenneth A. Hansen, Director. Direct comments to the: Division of Administrative Rules, 4120 State Office Building, Salt Lake City, UT 84114-1201; Phone: 801-538-3764; FAX: 801-538-1773; Internet URL: http://www.rules.utah.gov/.
<<RULESNEWS, Vol. 2003, No. 2 (April 10, 2003)>>
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of administrative rules.
Last Modified: September 2, 2008