As of December 26, 2003, two bills generally affecting administrative rules have been requested.
Sometime during the past several weeks, Rep. Wayne Harper opened a bill request to amend the Rulemaking Act; the text of the bill is not yet available. Rep. Harper indicates that he intends to add an additional rulemaking requirement: when an agency promulgates a rule in response to legislation. Rep. Harper's changes will require the agency to notify the sponsor of the legislation about the rule. The agency will continue to be responsible to notify a bill's sponsor for several years -- each time the agency makes a rule pursuant to the legislation.
This new requirement is intended to accomplish two purposes: 1) it will give the sponsor an opportunity to verify that proposed rules are consistent with the sponsor's intent; and 2) it will allow the sponsor to gain a sense of the effects of his or her legislation.
As soon as the text becomes available, we will notify you.
This is the Administrative Rules Review Committee's annual bill required by Section 63-46a-11.5. The proposed text of the bill is not yet available, but will be discussed at the Administrative Rules Review Committee's next meeting scheduled for January 7, 2004.
As the motions from the Administrative Rules Review Committee (ARRC) currently stand, there are three items slated for nonreauthorization: Rule R590-209, Section R612-2-22, and Subsections R884-24P-24 (L) (1) and (2) (from DAR No. 26703).
Legislative staff have indicated that Insurance and Labor have both responded to the ARRC's concerns. Therefore, Rule R590-209 and Section R612-2-22 will likely be reauthorized. We understand that separate legislation is being sought to remedy the issue with the Tax Commission rule.
Representative Harper has indicated that he is working on other bills which also affect the Rulemaking Act. We will inform you of developments as they occur.
Questions about this legislation may be directed to Ken Hansen at 801-538-3777, or at khansen@utah.gov .
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 or mbroschi@utah.gov ) if you need to obtain a current version of your rule.
The Division sends quarterly E-mail messages, providing agencies notice at least 180 days prior to the review due date. Notices have already been sent for rules due for review through March 2004. A complete list of the rules due for review during 2004, as of 12/24/2003, is included below.
Facilities Construction and Management
R23-3, due 08/09/2004; R23-29, due 05/11/2004
Records Committee (State)
R35-1, due 03/18/2004; R35-2, due 07/16/2004; R35-3, due 07/16/2004; R35-4, due 07/16/2004; R35-5, due 07/16/2004; R35-6, due 07/16/2004
Animal Industry
R58-20, due 08/17/2004
Consumer Protection
R152-21, due 07/29/2004
Occupational and Professional Licensing
R156-5a, due 03/02/2004; R156-37c, due 03/02/2004; R156-39a, due 03/01/2004; R156-42a, due 09/28/2004; R156-44a, due 07/22/2004; R156-46a, due 08/26/2004; R156-60, due 11/15/2004; R156-60a, due 11/15/2004; R156-60b, due 11/15/2004; R156-61, due 07/22/2004; R156-74, due 03/18/2004
Real Estate
R162-105, due 07/16/2004
Administration
R270-3, due 10/05/2004; R270-4, due 10/05/2004
Administration
R277-102, due 02/26/2004; R277-105, due 07/06/2004; R277-413, due 03/22/2004; R277-425, due 02/26/2004; R277-437, due 01/05/2004; R277-438, due 06/08/2004; R277-451, due 09/15/2004; R277-462, due 09/30/2004; R277-463, due 09/30/2004; R277-471, due 11/02/2004; R277-504, due 09/30/2004; R277-521, due 09/15/2004; R277-601, due 02/26/2004; R277-607, due 11/16/2004; R277-609, due 08/13/2004; R277-712, due 02/26/2004; R277-714, due 09/30/2004; R277-734, due 02/26/2004; R277-735, due 01/05/2004; R277-760, due 09/30/2004; R277-800, due 08/13/2004; R277-916, due 07/19/2004
Rehabilitation
R280-150, due 08/13/2004; R280-201, due 01/05/2004; R280-202, due 01/05/2004; R280-203, due 12/15/2004
Air Quality
R307-150, due 03/04/2004; R307-155, due 03/04/2004; R307-158, due 03/04/2004; R307-214, due 02/03/2004; R307-215, due 09/08/2004; R307-309, due 05/04/2004; R307-343, due 06/02/2004; R307-415, due 03/01/2004; R307-417, due 03/05/2004; R307-420, due 05/06/2004
Solid and Hazardous Waste
R315-320, due 03/12/2004
Administration
R380-25, due 07/01/2004
Community and Family Health Services, Chronic Disease
R384-100, due 08/16/2004
Epidemiology and Laboratory Services, Environmental Services
R392-101, due 06/10/2004
Community and Family Health Services, Children with Special Health Care Needs
R398-1, due 10/12/2004; R398-5, due 11/22/2004
Health Care Financing, Coverage and Reimbursement Policy
R414-7A, due 12/20/2004; R414-7B, due 12/20/2004; R414-11, due 12/20/2004; R414-14, due 12/20/2004; R414-14A, due 12/20/2004; R414-25, due 12/20/2004; R414-31, due 12/20/2004; R414-49, due 12/20/2004; R414-50, due 12/20/2004; R414-54, due 03/31/2004; R414-58, due 02/12/2004; R414-501, due 09/15/2004; R414-502, due 09/15/2004; R414-503, due 09/15/2004
Health Systems Improvement, Emergency Medical Services
R426-11, due 10/12/2004; R426-12, due 10/12/2004; R426-13, due 10/12/2004; R426-14, due 10/04/2004; R426-15, due 10/12/2004; R426-16, due 10/04/2004; R426-100, due 12/09/2004
Health Systems Improvement, Child Care Licensing
R430-8, due 09/22/2004
Health Systems Improvement, Licensing
R432-1, due 01/29/2004; R432-2, due 01/11/2004; R432-3, due 01/11/2004; R432-4, due 01/29/2004; R432-5, due 01/29/2004; R432-6, due 01/29/2004
Epidemiology and Laboratory Services, Laboratory Services
R438-13, due 03/18/2004
Child and Family Services
R512-41, due 09/01/2004
Recovery Services
R527-210, due 01/26/2004; R527-302, due 12/02/2004
Administration
R590-67, due 10/15/2004; R590-76, due 10/13/2004; R590-79, due 10/13/2004; R590-83, due 10/13/2004; R590-93, due 05/27/2004; R590-98, due 05/27/2004; R590-127, due 10/14/2004; R590-129, due 10/13/2004; R590-166, due 05/27/2004; R590-167, due 12/14/2004; R590-170, due 03/18/2004; R590-190, due 05/26/2004; R590-191, due 05/25/2004; R590-192, due 08/27/2004; R590-194, due 12/01/2004; R590-195, due 04/22/2004
Antidiscrimination and Labor, Labor
R610-4, due 07/02/2004
Industrial Accidents
R612-8, due 10/15/2004
Administration
R622-2, due 06/22/2004
Parks and Recreation
R651-633, due 10/04/2004
Wildlife Resources
R657-46, due 08/18/2004
Administration
R686-103, due 05/06/2004
Administration
R698-4, due 03/05/2004
Comprehensive Emergency Management
R704-1, due 08/19/2004
Driver License
R708-10, due 09/30/2004; R708-22, due 10/04/2004; R708-24, due 10/05/2004; R708-26, due 09/16/2004; R708-30, due 02/17/2004; R708-31, due 09/30/2004
Highway Patrol
R714-600, due 04/15/2004
Administration
R746-365, due 01/13/2004; R746-401, due 12/13/2004
Salt Lake Community College
R784-1, due 03/18/2004
University of Utah, Administration
R805-1, due 12/01/2004
University of Utah, Museum of Natural History (Utah)
R807-1, due 06/03/2004
Auditing
R865-7H, due 03/16/2004
TRANSPORTATION
Administration
R907-64, due 08/17/2004; R907-65, due 11/16/2004
Motor Carrier
R909-3, due 08/30/2004
Motor Carrier, Ports of Entry
R912-14, due 07/06/2004
Workforce Information and Payment Services
R994-305, due 12/20/2004; R994-309, due 07/20/2004; R994-310, due 07/20/2004; R994-311, due 07/20/2004; R994-312, due 07/30/2004
When preparing rule text, DO NOT use styles to format the text. All style codes, other than "Normal" and "paragraph default text", are removed when rule text is prepared for publication in the Utah State Bulletin.
Also, remember to turn off change tracking in Word. If this is not done, new or deleted text may not be correctly published. REMEMBER: any styles other that "Normal" and "paragraph default text" are REMOVED during processing. When the styles are removed, amendments marked with styles are removed.
Do not submit text that contains headers of footers. Do not submit text with paragraphs that have first line indents; only tabs should be used to begin paragraphs. For instructions on changing the default Word settings, read the next article.
Our objective in asking for rule text without additional styles is to allow the electronic version of rule changes to be shared as widely as possible. Simple formatting permits the Division, as well as electronic legal database services (like West Law, LexisNexis, and others) to post rule changes online. The more widely rule changes are disseminated, the greater the opportunity for compliance. We appreciate your cooperation.
The Division has prepared two Frequently Asked Questions (FAQ) documents and posted them on its web page. These FAQs address issues raised by agencies in preparing rules. The first, entitled "Fixing your Microsoft Word Settings" (http://www.rules.utah.gov/agncinfo/faqs/FAQword.htm) provides instructions on fixing the default Word settings to prevent the automatic insertion of codes and symbols that will make your text unusable. By default, Word will do things like change (c) into the copyright symbol. It will also insert styles.
The second FAQ, entitled "Saving a Word document in Rich Text Format (RTF)" (http://www.rules.utah.gov/agncinfo/faqs/FAQrtf.htm) walks the reader through the process of saving a Word file as an RTF file.
As resources permit, additional information for agencies will be posted at http://www.rules.utah.gov/agncinfo/agency.htm .
The Division of Administrative Rules has been looking at some ideas that facilitate the receipt of electronic comment on rules. We would appreciate some additional feedback.
For some time, the Division of Administrative Rules has encouraged agencies to accept electronic comment -- typically in the form of E-mail -- on proposed administrative rules. In fact, since 1996, the E-mail address of the contact person has been published in the Bulletin along with each rule. We have advised agencies that E-mail comment and written comment are synonymous for the purposes of the Rulemaking Act.
Based on anecdotal evidence, most citizens who have elected to use E-mail to make comments have found it to be a useful tool. Unfortunately, there have been instances when comments have been blocked by E-mail filtering software, and therefore not delivered to the intended recipient. While this is regrettable, this situation is not critical, as agency representatives have indicated to the Division that they receive few, if any, E-mail comments in regards to proposed rules.
For several years, the state of Virginia has operated the Virginia Regulatory Town Hall (http://www.townhall.state.va.us/). This site allows citizens to register for its use, and then comment on rules. Citizens can also identify rules that they wish to track, and the Town Hall will send E-mail notices automatically when a filing affects a particular title or rule (an electronic implementation of what each Utah agency is expected to do under Subsection 63-46a-4(7)).
This past February, the federal government announced a web site called Regulations.gov (http://www.regulations.gov/). This site is also intended to make it easier for citizens to participate in Federal rulemaking. At the federal level, just as in Utah, it is the rulewriting agency that receives the comments and must consider the comments. For those federal agencies that accept electronic comment, Regulations.gov collects comments in a database (so responses aren't filtered), and then database reports are sent to the relevant federal agency on a regular basis.
This November, the Division of Administrative Rules sent an E-mail to at least one contact in each major department to assess interest in developing a similar application in Utah. If you have not already responded, the Division is interested in your response to the following questions:
We will keep you informed of any developments in this area.
The Division of Administrative Rules is planning to make some coding changes to the pages on its web site -- http://www.rules.utah.gov/ . At this point, the changes will not affect the appearance of the pages, or the structure of the site. These changes will make the Division's web pages compliant with current web standards. They will also improve accessibility for visitors to the site who have visual impairments.
The new coding requires visitors to use a browser that is, at least for the most part, standards-compliant. People using Internet Explorer 6.x, Netscape 7.x, Mozilla 1.5, Firebird 0.7, Lynx 2.8.3 (a text browser), Safari 1.1 (Mac) and Opera 7.21 should not experience any problems.
Please visit [page no longer available] and view the re-coded proof-of-concept pages with your browser. Please provide feedback regarding any problems you may experience, or suggestions you may have, to rulesonline@utah.gov or to the Division at 801-538-3764. Include the name and version of the browser you are using.
=============================
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. 3 (December 26, 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: December 10, 2009