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RULESNEWS, Vol. 2004, No. 3 (September 28, 2004)

IN THIS ISSUE:

DIRECTIONS PLEASE: If someone else in your agency should receive RULESNEWS, please contact Sophia Manousakis (801-538-3764). If you no longer wish to receive RULESNEWS, you may unsubscribe by following the directions at the end of the newsletter. **Please note, however, that unsubscribing will affect your access rights to the eRules filing application.**

Additional methods to access RULESNEWS:

RULEMAKING SEMINAR SCHEDULE

The Division has scheduled two rulemaking process seminars:

We ask that those wishing to attend a seminar to RSVP to Sophia Manousakis, at 801-538-3764 or at smanousa AT utah.gov, no later than October 18. 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.

COMMENT PERIOD IS FOR RECEIVING COMMENTS

The Utah Administrative Rulemaking Act (UARA) requires an agency to accept public comment on a proposed rule for a period of at least 30 days after the rule is published in the Utah State Bulletin (Bulletin). In addition, the UARA directs that, "each agency shall develop and use flexible approaches in drafting rules that meet the needs of the agency and that involve persons affected by the agency's rules." (Subsection 63-46a-4(2))

Agency efforts to involve the public PRIOR to a rule's publication in the Bulletin do NOT supplant or diminish the comment period that begins after the publication date of a rule in the Bulletin. Failure to consider comment received during the public comment period is grounds for a rule to be challenged and declared invalid (see Subsection 63-46a-12.1(4)(a)(iii)).

If you have questions about rulemaking procedures, please contact the Division (801-538-3764).

RULES DUE FOR REVIEW IN 2004

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.

When filing a Five-Year Notice of Review and Statement of Continuation, eRules requires that a copy of the rule text (no underlining or strike-out) be attached. Please contact Nancy Lancaster (801-538-3218) or Mike Broschinsky (801-538-3003) to obtain a current version of your rule.

We strongly encourage agencies not to wait until the anniversary (due date) to file a five-year review. (If there is a problem filing on that day, agencies could lose rules because the deadline was missed.)

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 2004, as of September 28, 2004, is included below.

Commerce

R156. Occupational and Professional Licensing.
R156-60. 11/15/04
R156-60a. 11/15/04
R156-60b. 11/15/04

Crime Victim Reparations

R270. Administration.
R270-3. 10/05/04
R270-4. 10/05/04

Education

R277. Administration.
R277-471. 11/02/04
R277-607. 11/16/04

R280. Rehabilitation.
R280-203. 12/15/04

Health

R414. Health Care Financing, Coverage and Reimbursement and Policy.
R414-7A. 12/20/04
R414-7B. 12/20/04
R414-11. 12/20/04
R414-14. 12/20/04
R414-14A. 12/20/04
R414-25. 12/20/04
R414-31. 12/20/04
R414-49. 12/20/04
R414-50. 12/20/04

R426. Health Systems Improvement, Emergency Medical Services.
R426-11. 10/12/04
R426-13. 10/12/04
R426-14. 10/04/04
R426-15. 10/12/04
R426-16. 10/04/04
R426-100. 12/09/04

Insurance

R590. Administration.
R590-194. 12/01/04

Labor Commission

R612. Industrial Accidents.
R612-8. 10/15/04

Natural Resources

R657. Wildlife Resources.
R657-46. 12/16/04 (EXT)

Public Service Commission

R746. Administration.
R746-401. 12/13/04

Workforce Services

R994. Workforce Information and Payment Services.
R994-305. 12/20/04

RULES PUBLICATIONS AVAILABLE

The 2004 Utah Administrative Code

On May 5, 2004, the Division announced the availability of the 2004 edition of the Utah Administrative Code Annotated (UACA). It is available from LexisNexis. Utah state agencies and political subdivisions may purchase the 10 volume UACA, or any one of the individual volumes, under purchase agreement PD934 (http://www.purchasing.utah.gov/agencies/contracts/PD934.pdf).

This year marks a significant change in the UACA's publication. Because of budget adjustments made during 2003, the Division no longer contracts for the production of a paper edition for any of its publications, including the UACA. The Division gratefully acknowledges the willingness of LexisNexis to continue producing the UACA.

Additional information about the UACA (ISBN 0-327-04529-9 for the complete 10 volume set) is available from LexisNexis at http://www.lexis.com/ (click the Bookstore link) or at 800-833-9844.

The 2004 Index of Changes

On May 25, 2004, the Division published the 2004 edition of the Utah Administrative Rules Index of Changes (Index) (available online at http://www.rules.utah.gov/publicat/rulsindx.htm). The Index is one of the Division's official electronic publications. Utah Code Section 63-46a-10 requires the Division to "publish at least annually an index of all changes to the administrative code and the effective date of each change."

The 2004 Index includes entries for all permanent (substantive and nonsubstantive) and temporary (emergency) rule filings made effective from January 2, 2003, through January 1, 2004. Historical copies of the Index back to 1998 are also available.

CHANGES TO WWW.RULES.UTAH.GOV

The Division of Administrative Rules made changes to its web site -- http://www.rules.utah.gov/ -- this summer. In the past, the Division has maintained a complete archive of rule publications including multiple formats of the same publication. This summer, the Division removed duplicate files, and files that were infrequently used.

These changes affect historical copies of the Utah State Bulletin (http://www.rules.utah.gov/publicat/bulletin.htm) and the Utah Administrative Code updates (http://www.rules.utah.gov/publicat/codeudt.htm). In instances where multiple versions of the same Utah State Bulletin issue had been available before, now only one version is available. In instances where the complete version of the code had been available for every monthly update, now only the January 1 complete code will be available with subsequent (smaller) monthly update files.

Please feel free to contact the Division regarding these changes (801-538-3764 or by E-mail at rulesonline@utah.gov).

ADMINISTRATIVE RULES REVIEW COMMITTEE UPDATE

The Legislature's Administrative Rules Review Committee (ARRC) has scheduled its next two meetings for October 4, and October 26.

The ARRC meetings are typically held at 9:00 a.m. in room W025 of the House (west) Building. The ARRC meeting notices and agendas are available online at http://le.utah.gov/asp/interim/Commit.asp?Year=2004&Com=SPEADM. Additional information about the committee is available at http://www.rules.utah.gov/arrc/arrc.htm.

WATCH THAT FORMATTING

Warning About using Copy and Paste with the eRules Rule Analysis Forms

A rule filer called this evening with a problem. Seems someone else in the office prepared a well-written, nicely formatted word processing document in response to the questions asked on the Rule Analysis form. This document used styles, bulleted lists, hard returns, and other formatting. Our rule filer then selected text from the formatted document, copied its content, and pasted it into the box on the Rule Analysis.

Expecting a string of plain text, eRules didn't know how to process the formatting codes that were part of the pasted document. As a result of these codes, eRules returned an error message screen.

Moral: If you copy and paste text from a word processing document into the eRules form, make certain that the text is not formatted with styles, bulleted lists, and the like. Also, make certain that you have already turned off the "AutoCorrect" or "QuickCorrect" features of your word processor, as they insert non-standard codes as well. Instructions to turn off Word's AutoCorrect functions are available at http://www.rules.utah.gov/agncinfo/faqs/FAQword.htm.

Completing the Rule Analysis

When completing the Rule Analysis form, please do not use hard returns (paragraph marks), just let the text wrap. Hard returns do not print when the form is printed from eRules. The hard returns have to be removed before the Bulletin is published.

Text Formatting

Please do not use headers and footers, page numbers, and line numbers in the rule text filed with the Division. The text may be returned to you for reformatting.

RULES' EVENTS ON UTAH.GOV CALENDAR

The Division of Administrative Rules is posting rules-related events on the Utah.gov events calendar. You may access the Rules Calendar by visiting the state calendar (http://www.utah.gov/cal/event).

FALL ABA ADMINISTRATIVE LAW SECTION CONFERENCE PROGRAM ANNOUNCED

The Administrative Law and Regulatory Practice Section of the American Bar Association (http://www.abanet.org/adminlaw/) has announced their fall conference agenda. The conference will be held October 22 and 23, 2004, at the Washington Convention Center in Washington D.C. Sessions that might be of interest to Utah regulators include:

More information is available at http://www.abanet.org/adminlaw/conference/2004/home.html .

REGULATIONS WORLDWIDE

John H. Martinez, the Director of the Administrative Law Division at the New Mexico Commission of Public Records - State Records Center and Archives, sent the following E-mail that might be of interest to Utah state rulewriters.

[T]he Macao Special Administrative District (a former Portuguese colony across the mouth of the Pearl River from Hong Kong) [hosts an interesting web site]. Their Government Printing Bureau is responsible for the production of the Macao Gazette (their version of the Federal Register). As a part of their website, they have a list of "Official Gazettes" from all over the world. ... Take a look..., it is at http://www.imprensa.macau.gov.mo/en/links/default.asp."

COMMITTEE CREATED TO REVISE THE MODEL STATE ADMINISTRATIVE PROCEDURE ACT

The National Conference of Commissioners on Uniform State Laws (NCCUSL -- http://www.nccusl.org/Update/) has created a committee to discuss revisions to the Model State Administrative Procedures Act (MSAPA). Professor John Gedid, professor of law at Widener University in Harrisburg, PA, has been assigned as the committee reporter (chair). Professor Gedid has indicated that one of the primary efforts of the revision committee is to make a new MSAPA from which states may borrow pieces and parts without having to adopt the entire model act.

The next meeting of the Committee to Revise Model State Administrative Procedures Act is slated for November 12-14, 2004, in Philadelphia, PA. Call the NCCUSL office at 312-915-0195 for more information.

FEDERAL E-RULEMAKING UPDATE

The Division is watching the federal government's E-rulemaking project with great interest. Information about the project is available on the Division's blog.

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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/.

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Questions?

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.

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Last Modified: September 3, 2009